[Amended 8-11-1987 by Ord. No. 87-20; 8-13-1988 by Ord. No. 88-25; 11-10-1992 by Ord. No.
92-16; 4-10-2007 by Ord. No. 07-11; 10-27-2009 by Ord. No. 09-19]
A.
Noise.
(1)
NOISE DISTURBANCE
PERSON
PROPERTY LINE
RESIDENTIAL PROPERTY
Definitions. The following definitions shall apply to this section:
Any sound that:
Any individual, corporation, company, association, society,
firm, partnership or other legal entity.
Either:
Property used for human habitation.
(2)
Prohibited acts. No person shall perform or cause the following acts,
or suffer, allow or permit the following acts, on any property owned
or leased by said person or otherwise under said person's control:
(a)
Sound reproduction system. Operating, playing or permitting
the operation or playing of any radio, television, phonograph, or
similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(b)
Loudspeakers and public address systems. The using or operating
of any loudspeaker, public address system, or similar device between
the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays
and 9:00 a.m. Sundays, such that the sound therefrom creates a noise
disturbance across a residential property line.
(c)
Animals and birds. Owning, possessing, or harboring any pet
animal or pet bird that frequently or for continued duration makes
sounds that create a noise disturbance across a residential property
line (for the purpose of this section, a noise disturbance from a
barking dog shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes unless provoked).
(d)
Loading and unloading. Loading, unloading, opening, closing
or other handling of newspapers, boxes, crates, bundles, containers,
building materials, liquids, or the pneumatic or pumped loading or
unloading of bulk materials in liquid, gaseous, powder or pellet form,
or the compacting of refuse by persons engaged in the scavenging business,
between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m.
Saturdays and 9:00 a.m. Sundays, when the sound therefrom creates
a noise disturbance across a residential property line.
(e)
Standing motor vehicles. Operating or permitting the operation
of any motor vehicle whose manufacturer's gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while the vehicle
is stationary within 150 feet of any residential property line between
the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays
and 9:00 a.m. Sundays.
(f)
Construction and demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 10:00 p.m. and
7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(g)
Exhausts. Permitting or causing the discharge into the open
air of the exhaust of any steam engine, stationary internal-combustion
engine or motor vehicle except through a muffler or other device which
effectively prevents a noise disturbance.
(h)
Yelling, shouting. Yelling, shouting, hooting, whistling or
singing on the public streets, or within 150 feet of any residential
property line, between the hours of 10:00 p.m. and 7:00 a.m. weekdays,
8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(i)
Horns. The sounding of a horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law, or
when necessary to give timely warning of the approach of the vehicle,
or as a warning of impending danger to persons driving other vehicles,
or to persons upon the street. No person shall sound a horn or warning
device on any automobile, motorcycle, bus or other vehicle which emits
an unreasonable loud or harsh sound or for any unnecessary or unreasonable
period of time.
(j)
Equipment. The utilizing of any equipment, machine or other
mechanical device between the hours of 10:00 p.m. and 7:00 a.m. weekdays,
8:00 a.m. Saturdays and 9:00 a.m. Sundays, when the sound therefrom
creates a noise disturbance across a residential property line.
(3)
Exceptions. The provisions of this article shall not apply to:
(a)
Noncommercial public speaking and public assembly activity lawfully
conducted on any public space or public right-of-way at any time other
than between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00
a.m. Saturdays and 9:00 a.m. Sundays.
(b)
Noise from municipally sponsored celebrations or events.
(c)
The emission of sound by any public entity or public utility
in the performance of any emergency work to deliver essential services,
including, but not limited to, water, gas, electricity, telephone,
sewer facilities or public transportation facilities, or to remove
fallen trees on public rights-of-way, or to abate life-threatening
conditions.
[1]
Editor's Note: Former § 115-2, Begging,
was repealed 5-12-2015 by Ord. No. 15-10. Original Sections 16-2,
Loitering, 16-3, Disorderly house, 16-4, Gaming house, and 16-5, Offensive
language, which immediately preceded this section, were repealed 8-11-1987
by Ord. No. 87-21. Original Sections 16-7, Gambling, and 16-8, Fireworks,
which immediately followed this section, were repealed 8-11-1987 by
Ord. No. 87-21.
A.
It shall be unlawful for any person to:
(1)
Conduct, manage or promote public exhibitions commonly
called "carnivals" and "circuses" or other similar exhibitions or
performances in the Borough of Garwood, whether or not admission fees
are charged to witness the same.
(2)
Actually participate in any exhibition commonly called
"carnivals" and "circuses" or other similar exhibitions or performances
in the Borough of Garwood, whether or not admission fees are charged
to witness the same.[1]
[1]
Editor's Note: Original Subsections A(3) and
(4), which immediately followed this subsection, were repealed 8-11-1987
by Ord. No. 87-22.
