[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-12 of the 1993 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation area, public transportation facilities, public building or area.
- A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term "street" shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term "street" shall apply irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term "street" shall also include, for the purposes of this chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.
No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, within the limits of the Township.
Without intending to limit the generality of § 217-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
Horns and signaling devices. The sounding of a horn or signaling device on an automobile, motorcycle, bus or other vehicle, on any street or public place except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or signaling device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time. No person shall use any signaling device except one operated by hand or electricity. The use of any horn, whistle or other device operated by engine exhausts is prohibited. The use of any signaling device when traffic for any reason is held up is prohibited.
Radios, televisions, phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. so that it is clearly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
Loudspeakers; amplifiers for advertising.
The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, with the following exceptions: such sound as may attract attention but which will not disturb the peace, quiet and comfort of the inhabitants, provided such sound is produced or caused to be produced only between the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 9:00 p.m. in the months of April through September, and between the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 7:00 p.m. in the months of October through March.
Such sound shall not be audible in any location for a period of longer than five minutes in any hour, except by special permit from the Township Council.
Yelling, shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
Whistles. The blowing of any whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Township authorities, or as may be required by general law or ordinance.
Exhaust. The discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair, so loaded or in such manner that it creates loud and unnecessary grating, grinding, rattling or other noise.
Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
Construction or repair.
The carrying on of excavation, demolition, construction, repair or alteration work, other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays; the carrying on of construction, repair or alteration work by a homeowner on his or her own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m.
In the case of urgent necessity or in the interest of public health or safety, the Township Engineer may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, which may be renewed for additional periods of three days, while the emergency continues by the terms of which permit such work may be carried on during the hours specified in the permit.
Schools, courts, churches, hospitals.
The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use, or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.
If the Township Engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
No work involving the erection, demolition, alteration or repair of any building or the excavation or the movement of any dirt shall be done on Sunday except with a permit which may be granted by the Township Engineer in accordance with the conditions set forth above.
Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
Metal rails, pillars and columns; transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
Railroad cars and buses, operation thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives and buses.
Pile drivers; hammers. The operation, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam shovel, bulldozer or other earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
Blowers. The operation of any hoist-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises.
Outside alarms. The user of any alarm system emitting an audible or visible response shall, at the time such system is installed, cause to be installed an automatic timing device which shall deactivate such alarm so that it will be activated for no more than 15 minutes. All outside alarms shall be registered in accordance with § 65-2, Information to be filed.
Public sales, taxicabs. Public outcries shall be prohibited at or for any public sale or auction, or to advertise any goods, wares or merchandise for sale, or to attract any attention, or to gain passengers for any cab, taxicab, hack or omnibus.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to church bells or chimes or to prohibit playing by a band or orchestra in a hall or building or in the open air.