This chapter shall apply to the control of all
sound and vibration originating within the Township of Harding.
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, peace or safety of others within the Township.
The following acts are declared to be loud, disturbing and unnecessary noise in violation of this chapter, but this enumeration shall not be deemed to be exclusive or in any way limiting or affecting the provisions of §
258-3:
A. Noise associated with motor vehicles.
(1) Horns: the sounding of any horn or warning device
on any motor vehicle, except when required by law or when necessary
to give timely warning of the approach of the motor vehicle or of
impending danger created by the motor vehicle; the sounding of any
horn or warning device on any motor vehicle which emits an unreasonably
loud or harsh sound; the sounding of any horn or warning device on
any motor vehicle for any unnecessary or unreasonable period of time.
(2) Mufflers: the operating of a motor vehicle unless
it is equipped with a muffler or other sound-dissipative device in
good working order and in constant operation, which muffler or device
effectively prevents loud or explosive noises from the motor vehicle
and, regardless of where operated, meets any and all requirements
of law applicable to the motor vehicle.
(3) Commercial transport: the making of excessive, unnecessary
and avoidable noises in the operation of any motor vehicle.
(4) Loading and unloading: creating loud, excessive and
unnecessary noise in connection with the loading or unloading of any
motor vehicle or in the opening or destruction of bales, crates or
containers delivered by any motor vehicle.
(5) Refuse collection: collecting, loading or transporting
garbage, trash, cans, bottles or other refuse by persons engaged in
the business of garbage or refuse collection, whether private or municipal,
at any time on Sundays or any time other than between the hours of
7:00 a.m. and 7:00 p.m. on any other days.
(6) Miscellaneous night noises: the warming up or idling
of any motor vehicle, and the unnecessary and repeated idling, acceleration
and deceleration or starting and stopping of any motor vehicle, between
the hours of 11:30 p.m. and 7:00 am.
B. Construction or demolition work: the carrying on of
any construction or demolition work at any time on Sundays, or at
any time other than between the hours of 7:00 a.m. and 7:00 p.m. The
provisions of this subsection shall not apply to interior or exterior
repairs or interior alterations when the work is actually performed
entirely by a homeowner or occupant between the hours of 7:00 a.m.
and 10:00 p.m., provided that the work is done without creating any
noise disturbance across a residential real property boundary. The
provisions of this subsection shall not apply to specific construction
work in case of an emergency, provided that any such emergency is
based upon a finding that the public health and safety will be impaired
unless specific work is performed during the time prohibited by this
subsection.
C. Domestic power tools: except for emergency work, operating
any mechanically powered saw, drill, sander, grinder, lawn or garden
tool, snowblower or similar device outdoors in residential areas at
any time other than between the hours of 7:00 a.m. and 10:00 p.m.
D. Motors, engines, fans and pumps: except for emergency
work, operating any motors, engines, fans, blowers or pumps, including,
by way of example but not limitation, air-conditioning systems, compression
devices and pool-filtering systems, which create a noise disturbance
across a residential real property boundary or within a noise-sensitive
zone.
E. Amplifiers, loudspeakers, radios, television sets,
musical instruments and similar devices: using or operating, either
indoors or in any vehicle, any amplifier, loudspeaker, radio receiving
set, television set, musical instrument, phonograph, tape recorder
or other equipment or device for the producing, reproduction or amplification
of sound at any time with a volume louder than is necessary for the
convenient hearing of persons who are in the room or vehicle where
such equipment or device is operated and who are voluntary listeners
thereto. The use or operation of any such equipment or device between
the hours of 11:00 p.m. and 8:00 a.m. in such manner as to be plainly
audible at a distance of 100 feet from the building or vehicle in
which it is located or through a dwelling unit partition wall of a
multifamily structure shall be prima facie evidence of a violation
of this subsection. None of the equipment, instruments or devices
hereinabove mentioned shall be used outdoors at any time in a manner
that will create any noise disturbance across a residential real property
boundary unless such operation is in connection with a public or other
special event authorized by the Township Committee and such operation
and use is in accordance with the specific terms and conditions set
forth in the authorization.
F. Sounds by humans: yelling, shouting, hooting, whistling,
singing or the use of fireworks or firearms or the creation of other
impulsive sounds on the public streets or within residential areas
or noise-sensitive zones between the hours of 11:00 p.m. and 8:00
a.m.
G. Animal and bird sounds: owning, keeping, possessing
or harboring any dog or other animal or bird which frequently or for
continued periods barks, howls, cries or squawks when such sounds
are plainly audible beyond the limits of the property upon which the
animal or bird is kept.
The provisions of this chapter shall not apply
to any of the following:
A. The emission of sound for the purpose of alerting
persons to the existence of any emergency.
C. Celebrations and parades scheduled by a governmental
entity.
D. Any activity exempt from the provisions of local control
by state or federal law.
E. The emergency use of chain saws or other mechanized
equipment in the interest of public health and safety.
The provisions of this chapter are enforceable
by members of the Police Department of the Township of Harding.