[HISTORY: Adopted by the Mayor and Council of the Township of Florence as indicated in article histories. Amendments noted where applicable.]
Article I Engine and Compression Brakes
Article II Regulation of Noise
[Adopted 7-3-2002 by Ord. No. 2002-20]
It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the limits of the Township of Florence, Burlington County, New Jersey, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive or unmuffled noise from the vehicle.
This prohibition shall not apply to the application of unmuffled engine or compression brakes or a mechanical exhaust device where necessary for the protection of persons and/or property which cannot be avoided by an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as engine braking, which is effectively muffled or where the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt from this section.
Appropriate signs shall be posted at entrances to the community and at other locations determined by the Chief of Police to be reasonable in order to give notice of the prohibition on the use of engine and compression brakes.
The fine for a violation of this section shall be $50 on a first offense and shall not be less than $50 nor more than $500 on any second or subsequent offense.
[Adopted 12-21-2005 by Ord. No. 2005-28]
Editor's Note: This ordinance superseded former Art. II, Construction Noise, Yelling and Shouting, adopted 9-7-2005 by Ord. No. 2005-20.
No outdoor construction activity shall be permitted which involves the operation of vehicles, equipment, machinery, generators, compactors, welders or other power tools or specialized construction or building equipment between the hours of 8:00 p.m. and 7:00 a.m. during the weekdays, Monday through Friday, inclusive, or between the hours of 8:00 p.m. and 8:00 a.m. on Saturdays and Sundays.
No indoor construction activity shall be permitted which involves the operation of equipment, machinery, generators, compactors, welders or other power tools or specialized construction or building equipment which generates noise that is audible beyond the property lines of the lot on which the building is located in a manner that would reasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling or other type of residence or of any persons in the vicinity between the hours of 8:00 p.m. and 7:00 a.m. during the weekdays, Monday through Friday, inclusive, or between the hours of 8:00 p.m. and 8:00 a.m. on Saturdays and Sundays.
The provisions of § 102-5 shall not apply to a federal, state or local government employee or a public utility employee performing emergency repairs or to other repairs of an emergency nature being conducted in accordance with a specific waiver issued by the Construction Official of the Township of Florence.
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 so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity.
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.
The using, operating, or permitting to be played, used or operated any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto.
It shall be unlawful for any person to violate any provision of this chapter. Penalties shall be imposed as provided in § 1-10 of this Florence Township Code.