It shall be unlawful for any person to 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, or to create any unreasonably loud, disturbing
and unnecessary noise of such character, intensity or duration as is detrimental
to the life or health of any individual or persons within the limits of the
Borough of Pennington.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section, but such enumeration shall not be construed
to be a limitation or be deemed to be exclusive:
A. The sounding of any horn or signaling devices for any
unnecessary and unreasonable period of time in times of traffic holdups, or
the use of any horn, whistle or other device operated by engine exhaust.
B. The playing of any radio, phonograph, television, musical
instrument or other machine or device for the producing or reproducing of
sound in such manner or volume as to unreasonably annoy or disturb others
in the vicinity, particularly during the hours between 10:00 p.m. and 7:00
a.m.
C. Yelling, shouting, hooting, whistling or singing, particularly
between the hours of 10:00 p.m. and 7:00 a.m., so as to annoy and disturb
the quiet, comfort or repose of persons in any office, dwelling, hotel or
other type of residence, or of any persons in the vicinity.
D. 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.
E. Construction of any type other than repairs or maintenance
done by a homeowner, particularly during the hours of 7:00 p.m. to 7:00 a.m.,
Monday through Friday, and 7:00 p.m. to 8:00 a.m., Saturday and all day Sunday.
[Added 12-1-1986 by Ord. No. 436]
Nothing in this chapter shall be construed to apply to church bells
or chimes or to fire and emergency warning devices.
For violation of any provisions of this chapter, the maximum penalty
shall, upon conviction of such violation, be a fine not exceeding $1,000,
imprisonment in the county jail for a period not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof. Except
as otherwise provided, each and every day in which a violation of any provision
of this chapter or any other ordinance of the borough exists shall constitute
a separate violation. The maximum penalty stated in this section is not intended
to state an appropriate penalty for each and every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate for a
particular case or a particular violation.