[HISTORY: Adopted by the Township Committee of the Township of Elk 11-5-1998; amended in its entirety 5-6-2010 by Ord. No. O-2010-27. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
- Any dismantling, destruction or removal of buildings, structures or roadways.
- MOTOR VEHICLE
- Any vehicle that is propelled other than by human or animal power on land.
- A properly functioning sound-dissipative device or system for abating the sound of escaping gases on equipment where such a device is part of the normal configuration of the equipment.
- MULTIDWELLING UNIT BUILDING
- Any building compromising two or more dwelling units, including but not limited to apartments, condominiums, co-ops, multiple-family houses, townhouses and attached residences.
- MULTI-USE PROPERTY
- Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
- A. A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or in the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
- B. A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
- PLAINLY AUDIBLE
- Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source of investigation is a portable or personal vehicular sound amplification or reproductive device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound.
- REAL PROPERTY LINE
- A. The imaginary line including its vertical extension that separates one parcel of real property from another;
- B. The vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling unit building; or
- C. On a multi-use property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and commercial area).
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 for an unreasonable period of time, which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, rest, health, peace or safety of others within the Township of Elk.
The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 74A-2, but the enumeration shall not be deemed to be exclusive:
The using, operating or permitting to be played any radio, television, stereo or other machine or device for the producing or reproducing of sound, between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices, in such a manner as to be plainly audible, at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
The keeping of any animal or bird which by causing frequent or long-continued noise in such a manner as to be plainly audible, at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, school, place of business, street, building or public place.
Any of the following activities when occurring within 150 feet of any residences, public park or conservation areas between 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible:
The use of any automobile, motorcycle, truck or vehicle so out of repair, loaded or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
The creation of loud and excessive noises in connection with the loading or unloading of any vehicle or the operating and distraction of bales, boxes, crates and containers.
The warming up or idling of buses, trucks or tractors, and the unnecessary or unreasonable or repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.
The discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
The operation or use of any power lawn mower or lawn equipment, chainsaws, motorized snowblowers or snow throwers, fencepost driller or the like between the hours of 11:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler.
The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is left upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by government or public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Chief of Police pursuant to § 74A-4 hereof.
Outdoor concerts except in accordance with permits first obtained therefor from the Chief of Police pursuant to § 74A-4.
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Township Engineer as to public street work or from the Township Building Inspector as to other work, pursuant to § 74A-4 hereof. Such a permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the Engineer or Building Inspector, as the case may be, shall determine that the public health and safety will not be impaired by such work within the prohibited hours, and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant personally, between the hours of 7:00 a.m. and 11:00 p.m. upon residential premises that are owned by such occupant, provided that the work shall not be done in such a manner as to be plainly audible on any street or property adjacent to the real property line so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, school, place of business or public place.
The creation of any excessive noise, which is plainly audible, on any street or property adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a residential property line between the hours of 10:00 p.m. and 8:00 a.m.
Personal vehicular music amplification shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 74A-3 hereof shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
Permits shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 11:00 p.m. and 7:00 a.m. unless the issuing officer shall determine that it is in the best interest of the community that the activities take place wholly or partially during such hours.
The issuing officer is authorized to adopt and use such forms of applications and permits as may be reasonably required in the performance of his or her duties. Each application for a permit shall be accompanied by a fee of $5, which shall be payable to the Township of Elk.
An applicant for a permit hereunder shall have the right to appeal to the Township Committee from the denial of the permit by the issuing officer. Such appeal shall be taken by filing a written notice of appeal addressed to the Township Committee. Such notice shall be filed within three days after the issuing officer shall have notified the applicant of the denial of the permit. The Township Committee shall act upon the appeal as soon as practicable after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Township Committee may affirm the issuing officer's denial of the permit or may grant the permit with modifications or conditions.
Nothing in this chapter shall be construed to apply to church bells or chimes, nor to the playing of bands or orchestras in a hall or building in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants, nor to municipal, county, state or federal government agencies in connection with any emergency, nor to normal working activities of or activities sponsored by the Township Committee, nor to warning devices on other vehicles used only for traffic safety purposes.
In addition to the public, law enforcement officers and others who by the law are entitled to enforce or bring complaints under this chapter, the officers who are designated hereunder for the issuance of permits shall have the power to enforce and bring complaints under this chapter.
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days, or by a fine of not less than $100 and not more than $1,000, or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.