It shall be unlawful for a person to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which does or is likely to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of §
272-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
A. Radios; televisions; phonographs. The playing, use
or operation of any radio receiving set, television, 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 neighboring inhabitants or with louder volume than is necessary
for convenient hearing for persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 8:00 a.m., so that it
is clearly audible at a distance of 100 feet from the building, structure
or vehicle in which it is located, shall be prima facie evidence of
a violation of this chapter.
B. 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 which annoys or
disturbs the quiet, comfort or repose of persons in any office, dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
C. Animals; birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, disturbs the comfort
or repose of any person in the vicinity.
D. Horns. The sounding of a horn or warning device on
an automobile, motorcycle, bus or other vehicle, except when required
by law or when necessary to give timely warning of the approach of
the vehicle or as a warning of impending danger to persons driving
other vehicles or to persons on the street. No person shall sound
a horn or warning device on an automobile, motorcycle, bus or other
vehicle which emits an unreasonably loud or harsh sound, or for an
unnecessary or unreasonable period of time.
E. Exhaust. The discharge into the open air of the exhaust
of a steam engine, stationary internal-combustion engine or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises.
F. Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair or so loaded that it creates
loud and unnecessary grating, grinding, rattling or other noise.
G. Construction or repair. The carrying on of excavation,
demolition, construction, repair or alteration work other than between
the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction,
repair or alteration work by a homeowner on his own dwelling or property
other than between the hours of 7:00 a.m. and 9:00 p.m. In case of
urgent necessity or in the interest of public health or safety, the
Director of Public Works may grant a permit for excavation, demolition,
construction, repair or alteration work for a period not to exceed
three days, by the terms of which permit such work may be carried
on between 8:00 p.m. and 7:00 a.m.
H. Schools; courts; churches; hospitals. The creation
of excessive noise on a street adjacent to a school, institution of
learning, church or court, while in use, or adjacent to a hospital,
which unreasonably interferes with the working of the institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such a street indicating that
it is a school, hospital or court street. The above enumeration is
intended to give typical illustrations of prohibited noise and shall
not be construed as exclusive.
Nothing herein contained shall be construed
to apply to:
A. The use of bells, chimes or sound amplifiers by churches
engaged in church activities.
B. Activities of municipal departments in the performance
of their duties, drills or public demonstrations.
C. Activities in public parks, playgrounds or public
buildings under permission or authority of municipal officials.
D. The playing by a band or orchestra in a hall or building
or in the open air, where duly authorized.
Sound trucks may be operated in accordance with
the following regulations upon the issuance of a permit by the Township
Committee for each occasion and each location:
A. Sound trucks shall not be operated in residential
zones in the Township before 9:00 a.m. and after 5:00 p.m.
B. Sound trucks shall not be operated in commercial zones
in the Township before 9:00 a.m. and after 7:00 p.m.
C. 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.
D. Stationary sound trucks are prohibited in all residential
zones in the Township but may be operated in commercial zones during
the hours referred to above.
E. For the purposes of this section, "residential zones” shall mean the zones so designated in Chapter
240, Land Development, and "commercial zones" shall mean and include all parts of the Township other than residential zones.