[HISTORY: Adopted by the Township Committee of the Township
of Washington 8-6-1992 by Ord. No. 1992-5. Amendments noted where
applicable.]
The Township Committee hereby finds and declares that:
A.
The making and creation of loud, unnecessary or unusual noises within
the limits of the Township is a condition which has existed for some
time, and the extent and volume of such noises is increasing.
B.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use, affect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the residents
of the Township.
C.
The provisions and prohibitions hereinafter contained in this chapter
are necessary in the public interest, embody the public policy of
this Township and are for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Township and its inhabitants.
No person shall make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others within the limits of the Township.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but such enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, audible signalling devices and the like.
(1)
The sounding of any horn or audible signalling device on any automobile,
motorcycle or other vehicle on any street or public place of the Township,
except as a danger warning.
(2)
The creation by means of any audible signalling device of any unreasonably
loud or harsh sound and the sounding of any such device for an unnecessary
period of time.
(3)
The use of any audible signalling device, except one operated by
hand or electricity.
(4)
The use of any horn, whistle or other audible device operated by
engine exhaust.
(5)
The use of any such audible signalling device when traffic is held
up for any reason.
B.
Radios, television, phonographs and the like.
(1)
The using, operating or permitting to be placed, used or operated
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, quite and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room,
vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereto.
(2)
The aforesaid operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 8:00 a.m. in
such manner as to be plainly audible at a distance of 25 feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of the provisions of this subsection.
C.
Loudspeakers; amplifiers for advertising. The using of, operating
of or permitting to be played, used or operated any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
or emitting of loud and raucous noises which are cast upon the public
streets for the purpose of commercial advertising.
D.
Yelling, shouting and the like. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
10:00 p.m. and 8:00 a.m. for at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, dwelling,
hotel, motel or other type of residence or of any person in the vicinity.
E.
Birds, dogs or other animals. The keeping, harboring or maintaining
of any bird, dog or other animal which, by frequent, habitual or long
continued noise, shall annoy or disturb the peace, comfort or repose
of any person in the neighborhood or of any persons passing upon the
streets or highways.
G.
Exhausts. The discharge into the open of the exhaust of any steam
engine, stationary internal combustion engine, boat, motor vehicle,
motorcycle, dirt bike, off-road vehicle, all-terrain vehicle or the
like, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
H.
Defect in vehicle or load. The use or operation of any automobile,
motorcycle or vehicle so out of repair or so loaded with iron or steel
or other material in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise, or so as to cause loud
noises to the disturbance of the peace and quiet of the neighborhood.
I.
Loading, unloading; opening boxes. The creation of loud or excessive
noise in connection with loading or unloading of any vehicle or the
opening and destruction of bales, boxes, crates or containers.
J.
Construction or repairing of buildings. The erection (including excavation),
demolition, exterior alteration or repair of any building or the excavation
of streets and highways other than between the hours of 7:00 a.m.
and 9:00 p.m., except in case of urgent necessity in the interest
of public health and safety and then only after obtaining a permit
from the Township Engineer, which permit may be granted for a period
not to exceed three days or less while the emergency continues and
which permit may be renewed for a period of three days or less while
the emergency continues. If the Township Engineer should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 9:00 p.m. and 7:00 a.m.,
and if (s)he shall further determine that loss or inconvenience would
result to any party or interest, (s)he may grant permission for such
work to be done within the hours of 9:00 p.m. and 7:00 a.m. upon application
being made at the time the permit for the work is awarded or during
the progress of the work.
K.
Schools, courts, houses of worship, hospitals. The creation of any
excessive noise on any street adjacent to any school, institution
of learning, house of worship or judicial court, while the same are
in use, provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital, house of worship or
court street.
L.
Drums, bells and the like. The use of any drum, bell, horn or other
instrument or device for the purpose of attracting attention to any
performance, show or sale by any creation of noise.
M.
Hawkers, peddlers and vendors. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
N.
Railroad cars and buses. The causing, permitting or continuing of
any excessive, unnecessary or avoidable noise in the operation of
railroad cars, locomotives and buses.
O.
Pile drivers, hammers and the like. The operation, other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver,
steam shovel, bulldozer or other earth-moving machinery, pneumatic
hammer, derrick, steam or electric hoist or any other appliance, equipment
or machinery, the use of which is attended by loud or unusual noise.
P.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noises.
Q.
Convoys of vehicles. The intentional congregation and procession
of vehicles, so spaced that the cumulative effects of the noise of
each individual vehicle becomes cumulatively excessive, causing disturbance
to the peace and quiet of the residents of the Township.
R.
Bands, concerts. Use of amplifiers, playing of music by a live group
or band, or sound reproduction upon amplifier or loudspeaker or other
machine or device for the producing or reproducing of sound, particularly
between the hours of 10:00 p.m. and 9:00 a.m. so as to annoy or disturb
the comfort or repose of persons in any dwelling or other type residence
or of any person in the vicinity.
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 Township 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 the Mayor and Township Committee or their
agents.
A.
Issuance of summons. Violation of any provision of this chapter shall
be cause for a summons to be issued by the Code Enforcement Officer
or the New Jersey State Police.
B.
Violations and penalties.
(1)
Any person who violates any provision of this chapter shall be subject
to a penalty for each offense of not more than $500 or be imprisoned
for a term not exceeding 90 days, or both, for each offense.
(2)
If the violation is of a continuing nature, each day during which
it continues shall constitute an additional, separate and distinct
offense.
C.
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 this chapter or from other law.
