[Sec. 4-3 of the Revised General Ordinances]
A.
Unless exempted under the provisions of this article,
no person shall cause to be made, directly or indirectly, any loud
noise which disturbs, injures or endangers the health, comfort, safety
or welfare of others within the Borough of Wharton.
B.
The following specific acts are declared to be loud,
disturbing and unnecessary noises in violation of this article, but
said enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street, road or public place, except as a
warning pursuant to the provisions of N.J.S.A. 33:3-69, a whistle
or other device operated by engine exhaust and the use of any such
signaling device when traffic is for any reason held up.
(2)
Radio and television sets, phonographs, etc. The use
of any radio or television receiving 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 and comfort of the neighboring
inhabitants or at any time with volume louder than is necessary for
convenient hearing for the person or persons who are in the room or
vehicle 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. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of 50 feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The use
of 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.
(4)
Exhausts. The discharge into the open air of the exhaust
of any internal-combustion engine except through an adequate muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(5)
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or repair of any building
other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays,
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three days
or less while the emergency continues, and which permit may be renewed
for a period of three days or less while the emergency continues.
(6)
Schools, courts, churches. The creation of any excessive
noise adjacent to any school, institution of learning, house of worship
or judicial court while the same are in use, provided that conspicuous
signs are displayed on the adjacent streets indicating that the same
is a school, church or court street.[1]
(7)
Hawkers and peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(8)
Drums, bells and the like. The use of any drum, bell,
horn, loudspeaker or other instrument or device for the purpose of
attracting attention to any performance, show or sale or display of
merchandise by any creation of noise or sound.
(9)
Mobile loudspeakers. The use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(10)
Yelling, shouting and the like. Yelling, shouting,
hooting, whistling or singing on the public streets at any time or
place so as to annoy or disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel, motel or other type of residence or
any persons in the vicinity.
C.
If any person who is not exempted under the provisions
of this article shall cause to be made any of the noises prohibited
under this article, and if said noises shall be proved to be in violation
of the sound levels prescribed herein, said proof shall be sufficient
to prove a violation of this article.
The prohibitions contained in this article shall
not apply to persons:
A.
Who are engaged in the performance of any public or
governmental function, such as the sounding of a church or school
bell or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm is for an actual emergency purpose
or for practice or drilling purposes.
B.
Who are engaged in religious, charitable, recreational,
civic or political activity by means of a sound truck or other amplifying
device, for nonprofit purposes, provided that such persons shall have
first filed with the Mayor and Borough Council of the Borough of Wharton
an application for a permit setting forth the sponsorship, date, hours
and routes of such activity and the Mayor and Borough Council shall
have issued a permit after having ascertained that such activity is
not in conflict, in terms of hours, route, traffic volume and like
factors, with any other previously scheduled activity.
C.
Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
As an additional remedy, the maintenance or
operation of any device, instrument, vehicle or machinery in violation
of any provision hereof which causes discomfort or annoyance to reasonable
persons of normal sensitivity or which endangers the comfort, repose,
health, or peace of residents in the area shall be deemed and is declared
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
