[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 11-9-1948 (Ch. 80 of the 1974 Code). Amendments noted where applicable.]
Subject to the provisions of this chapter, the creation of any
unreasonably loud, disturbing and unnecessary noise in the Borough
is prohibited. Noise of such character, intensity and duration as
to be detrimental to the life or health of any individual is prohibited.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but said enumeration
shall not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle while not in motion, except as a danger signal
if another vehicle is approaching apparently out of control, or, if
in motion, only as a danger signal after or as brakes are applied
and deceleration of the vehicle is intended; the creation by means
of any such signal device of any unreasonably loud or harsh sound
and the sounding of such device for an unnecessary and unreasonable
period of time.
B.
The playing of any radio, phonograph or any musical instrument in
such a manner or with such volume, particularly during the hours between
12:00 midnight and 8:00 a.m., as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling or residence.
C.
The keeping of any animal which, by causing frequent or long-continued
noise, shall disturb the comfort and repose of any person.
D.
The use of any automobile, motorcycle or other vehicle so out of
repair, so loaded or by racing the motor thereof or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
E.
The discharge into the open air of the exhaust of any engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
F.
The use of any mechanical device operated by compressed air unless
the noise created thereby is effectively muffled and reduced.
G.
The creation of any excessive noises on any street adjacent to any
school, institution of learning, church or court while the same are
in session or adjacent to any hospital, doctor's office or other
place reserved for the sick.
H.
The creation of a loud and excessive noise in connection with the
loading or unloading of any car, truck, train or other vehicle of
any kind or in connection with the opening and destruction of bales,
boxes, crates and containers or in the operation of any type of mechanical
equipment.
No person shall indulge in or use or utter any loud and offensive
or violent or indecent or profane language in the presence or hearing
of another which would tend to create a disturbance or which would
tend to disturb the public peace and good order or which would be
detrimental to the security or health or morals or general welfare
of the neighborhood.
No person shall, within the limits of said Borough, maliciously
destroy, damage or injure any property.[1]
No person shall, within the limits of said Borough, intentionally,
willfully or maliciously destroy or injure any of the wires, posts,
machines, bells, sirens, boxes, locks or other apparatus of any fire
or police alarm system; nor shall any person intentionally, willfully
or maliciously interfere with the same or any part thereof with intent
to create a false alarm or obstruct the efficient operation of the
same or any part thereof or hinder or impede any of the operations
intended to be accomplished thereby; nor shall any person intentionally,
willfully or maliciously cause a false alarm of fire to be given in
any manner.
No person shall, within the limits of the Borough, during an
alarm of fire, hinder, prevent or deter, by any device whatsoever,
any fireman or other person from rendering lawful assistance in abating
or quelling such fire or hinder or interfere with any fireman in going
to or returning from the place where any building or other property
is on fire or from which an alarm proceeds; nor shall any person hinder
or obstruct the passage of any fire engine, hook or ladder truck,
hose cart or any fire apparatus in going to or returning from the
place from which an alarm of fire proceeds or where any building or
other property may be burning.
No person shall engage in or attempt or offer to engage in or
aid, abet or participate in any fight, assault, quarrel, brawl, battery,
altercation, riot or unruly, boisterous, noisy, unlawful or disorderly
assemblage; nor shall any person in any way breach or disturb the
peace.
No person shall operate or manage his property or business in
such a manner as to result in the discharge or emission of smoke,
dirt, dust or any obnoxious matter or fumes.
[Amended 4-12-1988]
A.
No person shall intentionally or otherwise, within the limits of
said Borough, discard, deposit, throw or leave any wastepaper, trash,
dirt, stone or any other material upon the public streets, roads,
avenues, parks or other public place or upon any lot or other premises
except in containers for that purpose or so placed as to be collected
by the proper authorities.
B.
Litter receptacles and their servicing is required in the Borough
of Westville at the following public places: sidewalks used by pedestrians
in active retail commercially zoned areas such that there shall be
no single linear 1/4 mile without a receptacle; buildings held out
for use by the public, including schools, government buildings and
railroad and bus stations; parks; drive-in restaurants; any street
vendor location; self-service refreshment areas; construction sites;
gasoline service station islands; shopping areas; parking lots; marinas,
boat moorage and fueling stations; boat-launching areas; public and
private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
or governmental agencies in charge of these places or the sponsors
of the events shall be responsible for providing and servicing the
receptacles.
C.
No person shall discard or dump any household or commercial solid
waste in any place not specifically designated for the purpose of
solid waste storage or disposal.
D.
No person shall store in any area zoned residential any bulky household
item such as an appliance, furniture or mattress, except in a fully
enclosed structure.
E.
No person shall store tires in any area zoned residential except
in a fully enclosed structure.
F.
All vehicles shall be properly covered to prevent any loads from
dropping, leaking or otherwise escaping from said vehicle.
G.
No person shall accumulate debris on or around construction sites
or store debris in such a manner that it is likely to be removed by
natural forces onto adjacent property.
H.
No commercial, industrial or residential waste disposal bins shall
be permitted to be open or overflowing.
I.
Every owner, lessee, tenant, occupant or person in charge of any
building or structure shall keep and cause to be kept the sidewalk
and curb abutting said building or structure or the curb and abutting
area, if there is no sidewalk, free from obstruction and nuisances
of every kind and shall keep said sidewalks, areaways, backyards,
courts and alleys free from litter and other offensive material.
J.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of litter from any public
or private sidewalks or driveways.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a corporation or corporations wherever appropriate
in connection with the context.