[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:
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.
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.
The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person.
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.
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.
The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.
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.
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.
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.
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.
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.
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.
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.
No person shall store tires in any area zoned residential except in a fully enclosed structure.
All vehicles shall be properly covered to prevent any loads from dropping, leaking or otherwise escaping from said vehicle.
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.
No commercial, industrial or residential waste disposal bins shall be permitted to be open or overflowing.
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.
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:
- PERSON or PERSONS
- Includes a corporation or corporations wherever appropriate in connection with the context.
Any person convicted by the Municipal Court Judge of the Borough of Westville of the violation of any provision of this chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, Article I, § 1-15, General penalty.