[HISTORY: Adopted by the Township Council
of the Township of Evesham 2-2-1993 by Ord. No. 3-2-93. Amendments
noted where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Township of Evesham is a condition
which has existed for some time and the extent and volume of such
noises is increasing.
B.
The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual
and unnatural in their time, place and use affect and are a detriment
to public health, comfort, morals, convenience, safety, welfare and
prosperity of the residents of the Township of Evesham.
C.
The necessity, in the public interest, for the provisions
and prohibitions hereinafter contained and enacted, is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, morals, convenience, safety,
welfare and prosperity and the peace and quiet of the Township of
Evesham and its inhabitants.
A.
No person shall make, continue or cause to be made
or continued any loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endangers the comfort, repose,
health, morals, peace or safety of others within the limits of the
Township of Evesham.
B.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this section:
(1)
Animals; birds. The keeping of any animal or bird,
which by causing frequent or long-continued noise disturbs the comfort
or repose of any persons in the vicinity.
(2)
Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building or structure other than between the hours as defined in Chapter 135, Article VII, § 135-34A, of the Land Use Legislation of the Township of Evesham,[1] except in case of urgent necessity in the interest of
public health and safety, and then only with a permit from the Township
Manager or his designee. Such permit may be granted for a period not
to exceed three days or less while the emergency continues and may
be renewed for periods of three days or less while the emergency continues.
If the Township Manager or his designee should determine that the
public health and safety will not be impaired by the erection, demolition,
alteration or repair of any building or structure or the excavation
of streets and highways within the hours of 10:00 p.m. and 6:00 a.m.
and if the Township Manager or his designee further determines that
loss or inconvenience would result to any party in interest, he may
grant permission for such work to be done within the hours of 10:00
p.m. and 6:00 a.m., upon application being made at the time the permit
for the work is awarded or during the progress of work.
[1]
Editor's Note: Said subsection prohibited
construction activity between 10:00 p.m. and 6:00 a.m.
(3)
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
(4)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motor
boat or motor vehicle except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
(5)
Hawkers; peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
even though licensed according to law.
(6)
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, bus, truck, building
or other vehicle on any street or public place of the Township, except
as a danger warning or for the normal celebrations for weddings, football
games and similar events; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; and the sounding of
any device for an unnecessary and unreasonable period of time.
(7)
Loudspeakers; amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
set, television 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 attracting the attention of the public to
any building or structure.
(8)
Profane language. The uttering of any loud, offensive,
violent, indecent or profane language.
(9)
Radios and phonographs. The using, operating or permitting
to be played, used or operated any radio, television set, musical
instrument, phonograph or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
or 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, chamber or yard in which such
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 10:00 p.m. Sunday through 8:00 a.m. Monday
morning and the same thereafter on Monday, Tuesday, Wednesday and
Thursday and between 11:00 p.m. Friday and 8:00 a.m. Saturday and
11:00 p.m. Saturday and 8:00 a.m. Sunday, in such manner as to be
plainly audible at a distance of 50 feet from the building, structure,
vehicle or yard in which it is located shall be prima facie evidence
of a violation of this section.
(10)
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning or church while the same are in use, or adjacent to any
hospital or nursing home, which unreasonably interferes with the workings
of such institution or which disturbs or unduly annoys patients in
the hospital or nursing home, provided that conspicuous signs are
displayed in such streets indicating that the same is a school or
hospital street.
(11)
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 the proper Township authority;
or as may be required by general law or ordinance.
(12)
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 so as to
annoy or disturb the quiet, comfort or repose of persons in any office,
or in any dwelling, hotel or other type of residence, or of any persons
in the vicinity.
(13)
Other. Any and all other unnecessary, unusual
or disturbing acts which may be determined by the Municipal Court
not enumerated herein. The above enumeration is intended only to give
typical illustrations or prohibited noise and shall not be construed
as exclusive.
Nothing in this section shall be deemed to prohibit:
A.
The owner or occupant of a dwelling at a reasonable
hour from mowing the lawn around such dwelling with a power mower,
or removing snow with a power blower, or from making minor repairs
necessary for normal maintenance of such dwelling at any time with
any equipment other than bulldozers, tractors, jackhammers or gasoline-powered
saws, provided that the making of such minor repairs is not accompanied
by any loud, unnecessary or unusual noise.
B.
Bells, chimes, music between the hours of 6:00 a.m.
to 9:30 p.m. from any church or music in keeping with the Christmas
season during the Christmas season from any private or public source.
D.
Parades approved by the Township Council according
to law.
E.
Police, fire, ambulance, air raid or other sirens
which may be operated by the Township or civil defense or other governmental
authorities.
A.
Sound trucks may be used by civic, charitable, religious
and other nonprofit corporations when approved according to law or
by special permission of the Township Council, provided that no commercial
or advertising material is programmed, and provided further that the
use of the sound truck is limited to the hours and routes prescribed,
which in no case shall be before 9:00 a.m. or after 5:00 p.m. on Monday
through Saturday and not at all on Sunday.
B.
Moving sound trucks shall keep to the extreme right
hand side of the road and shall proceed at a speed of not less than
10 miles per hour.
C.
Stationary sound trucks are prohibited in all residential
zones in the Township of Evesham, but may be operated in commercial
zones during the hours referred to hereinabove.
D.
For the purposes of this section, "residential zones"
shall mean the residence zones as shown and described on the Zoning
Map of the Township of Evesham, and "commercial zones" shall mean
and include all parts of the Township of Evesham other than the residential
zones referred to above.
Penalties for any violation of this chapter shall be provided for as set forth in § 1-15 of the Code of the Township of Evesham.
