It is hereby declared to be a nuisance and it
shall be unlawful for any person, firm or corporation to make or cause
or suffer or permit to be made or caused, upon any premises owned,
occupied or controlled by him or it or upon any public street, alley
or thoroughfare in the Township of Middletown, any unnecessary noises
or sounds by means of the human voice or by any other means or methods
which are physically annoying to the comfort of any person or which
are so harsh or so prolonged or unnatural or unusual in their use,
time and place as to occasion physical discomfort or which are injurious
to the lives, health, peace and comfort of inhabitants of said Township.
A violation of any of the following regulations
and/or prohibitions is declared to be loud, disturbing, excessive,
unreasonable noise and a nuisance in violation of this chapter, but
said enumeration shall not be deemed to be exclusive:
A. Musical instruments, stereos and other sound-producing
devices. No person, firm or corporation shall play, use or operate
or knowingly permit to be played, used or operated any radio receiving
set, musical instrument, phonograph, sound amplifier, loudspeaker
or other machine or device for the reproduction of sound upon property
(real or personal) or premises owned, occupied or used by him, them
or it, so that the sound coming from such machine can be audibly heard
at a distance greater than 100 feet from the property or premises
wherein such machine or device is located. Nothing herein contained
shall be construed to prohibit the otherwise lawful playing of a band
or orchestra in any concert hall, auditorium, club room or public
park or other public location for a bona fide purpose.
B. Sound trucks and loudspeakers.
(1) No person, firm or corporation shall operate a sound
truck or loudspeaker on the streets or public places of the Township
of Middletown without first obtaining a permit therefor from the Code
Enforcement Department. Such permit shall be for a period of one day
only. Such permit shall not be transferable from person to person
or from sound truck to sound truck and may not be extended as to the
date it shall be used nor shall any permit for the operation of such
sound truck be issued for use earlier than 8:00 a.m. or later than
9:00 p.m. of the prevailing local time. Every application for a permit
shall be accompanied by a permit fee of $25 or such other amount as
may be set by Township Council by resolution from time to time.
(2) The application for such permit shall be filed in
duplicate with the Township Manager, and the permit issued shall be
limited in accordance with the information contained in such application,
which shall set forth the following:
(a)
Name and home address of the applicant.
(b)
Business address of the applicant.
(c)
Name and address of the owner of the sound truck.
(d)
Make and license number of the sound truck.
(e)
Name and address of the person operating the
sound truck.
(f)
Name and address of the person operating the
sound equipment.
(g)
The purpose for which the sound truck will be
used.
(h)
The proposed hours of operation of the sound
truck.
(i)
A certificate from an engineer that such amplifying
machine is so equipped and regulated as to decibels that the sound
coming from such machine cannot be audibly heard at a distance greater
than 100 feet from the sound truck or amplifying machine.
(3) After the issuance of said permit, the Township Manager
shall return one certified copy of the application to the permittee,
together with the permit, which must be in the possession of the operator
of the sound truck during such time that the sound-amplifying equipment
is in operation. Such certified application and permit shall, upon
request, be promptly exhibited to any Code Enforcement Officer or
other law enforcement officer of the Township of Middletown.
(4) No sound truck or loudspeaker operating pursuant to
a permit so issued may be used in such a way that it attracts the
attention of motorists or pedestrians, causing the blocking of streets
and thereby creating a traffic congestion and hazard.
C. Horns. It shall be unlawful for any person, firm or
corporation to sound any horn or warning device on any automobile,
truck, motorcycle, bus or other vehicle, except when required by law
or to give timely warning of impending danger to persons driving other
vehicles or to persons upon the street. No person shall sound any
horn or warning device on any automobile, truck, motorcycle, bus or
other vehicle which shall emit an unreasonably loud or harsh sound
or for any unnecessary or unreasonable period of time.
D. Construction work.
(1) It shall be unlawful for any person, firm or corporation
or their agents or employees owning, occupying or performing construction
work at any building, premises or other place in the Township of Middletown
to operate or permit to be operated any type of machinery, appliance,
equipment or hand or power tool for construction purposes which emits
noise beyond the premises upon which said machinery, appliance, equipment
or hand or power tool is being operated or used between the hours
of 9:00 p.m. and 7:00 a.m., current time or on any Sunday or legal
holiday.
(2) The Code Enforcement Department shall be authorized
to permit emergency construction and repair outside of the hours specified
above upon submission of adequate proof of the necessity of such work.
E. Motorized parking lot sweepers. Operating or permitting
the operation of any motor vehicle or motor-driven equipment which
is designed to collect refuse by rotating broom, vacuum, blower or
other method requiring mechanical operation, and which creates during
the collection cycle or operation a disturbing noise or any noise
audible off of the property on which the vehicle or equipment is being
operated is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
the following day.
F. Domestic landscaping and maintenance. No person, firm
or corporation shall operate or permit to be operated any power saw,
sander, drill, grinder, mower, blower, garden equipment or tools of
like nature, used primarily for domestic purposes, outdoors between
one hour after sunset and 8:00 a.m. the following day.
G. Operation of ATVs. It shall be unlawful for any person to operate or permit the operation of an ATV (as defined in Chapter
227 of the Middletown Township Code) in violation of Chapter
227, or in any manner such that the sound therefrom creates a noise disturbance which disturbs the peace and quiet of any neighboring property.
[Added 11-10-2003 by Ord. No. 650]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $600, plus costs of prosecution,
and, in default of such fine and costs, by imprisonment in the county
jail for a term not exceeding 30 days. Each violation of any of the
provisions of this chapter shall be deemed to be a separate and distinct
offense.