[HISTORY: Adopted by the Township Committee of the Township of Delaware by Ord. No. 1989-20 (Sec. 3-7 of the 1985 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 124.
Peace and good order — See Ch. 260.
This chapter may be cited as the "Noise Control Ordinance of the Township of Delaware."
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL AREA
Any area zoned for commercial uses, as defined in Chapter 230, Land Use.
CONSTRUCTION EQUIPMENT OR TOOLS
Any equipment or tools used in site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
DOMESTIC POWER TOOLS
Any power-driven saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or interruption of utility services which demands immediate action.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
A. 
Any sound which:
(1) 
Endangers or injures the safety or health of humans or animals;
(2) 
Annoys or disturbs a reasonable person of normal sensitivities;
(3) 
Endangers or injures personal or real property; or
(4) 
Prevents the normal functioning of a public or quasi-public facility such as a school, library, nursing home, or house of worship.
B. 
In ascertaining the existence of a noise disturbance an enforcement officer shall determine same from any point on public property or within 100 feet of any dwelling, school, house of worship, library, hospital, nursing home, mortuary, or cemetery.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
SOUND
An oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.
WEEKDAY
Any day Monday through Friday which is not a legal holiday.
[Amended by Ord. No. 1989-24]
A. 
Noise disturbances prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance.
B. 
No person shall create or continue or cause to be continued a noise disturbance, or operate or maintain any object or creature causing same except as specified herein.
C. 
No person shall operate or cause to be operated domestic power tools or construction equipment:
(1) 
On weekdays: before 7:00 a.m. and after 11:00 p.m.
(2) 
On holidays and Saturdays: before 8:00 a.m. and after 11:00 p.m.
(3) 
On Sundays: before 8:00 a.m. and after 11:00 p.m.
D. 
Use of sound trucks prohibited. No person shall operate, or cause to be operated, any sound truck for commercial purposes in the Township with sound-amplifying equipment in operation.
A. 
Noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
(1) 
The only sounds permitted are music or human speech.
(2) 
The human speech and music amplified shall not be profane, lewd, indecent, or slanderous.
(3) 
The volume of sound shall be controlled so that it will not be audible for a distance in excess of 200 feet from the sound-amplifying equipment, and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.
B. 
Exceptions and exclusions. The following uses of sound-amplification equipment are hereby specifically excepted and excluded from provisions of this subsection:
(1) 
Use of sound-amplification equipment by municipal and county, state, or federal government or agencies in connection with any emergency or other governmental or educational function, or use of any program or activity sponsored by the Township Council.
(2) 
Use of sound-amplification equipment by persons at public parks in the Township, provided that such equipment is operated in strict accordance with the rules and regulations of the Township Recreation Commission.
(3) 
Use of sound-amplification equipment in enclosed buildings where the sound is not audible at a distance of 50 feet from such buildings.
A. 
Penalties. All penalties shall be as set forth in Chapter 1, Article III, General Penalty.
B. 
Other remedies. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of the section or from other law.
C. 
General exclusions. Nothing in this chapter shall be deemed to regulate:
(1) 
Any activity undertaken by any government agency.
(2) 
Any activity undertaken by any emergency repair service restoring vital services on an emergency basis.
(3) 
Any activity such as a parade or public demonstration or other bona fide public event carried on for a specified duration of less than three hours.
(4) 
Outdoor fund-raising, social or recreational activities on public lands or private lands belonging to a nonprofit community group providing that such activities do not continue after 11:00 p.m.
(5) 
The use of chimes or other devices as used by houses of worship.
(6) 
Any emergency or alarm device of any sort.
(7) 
Necessary seasonal agricultural activity.