[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton 10-26-1970 by Ord. No. 1970-6 (Ch. 66 of the 1974 Township Code). Amendments noted where applicable.]
It shall be unlawful for any person to 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 said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle, streetcar or other vehicle on any street
or public place of the Township, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound and the sounding of any device for an unnecessary and
unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
B.
Radios, televisions, phonographs. The using, operating or permitting
to be played, 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, quiet 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. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 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 this section.
C.
Loudspeakers, amplifiers for advertising. The using, operating, 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 which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, unless a permit is obtained as provided in § 343-4 hereof and provided that such sound:
[Amended 5-28-1974 by Ord. No. 1974-5]
(1)
Will not disturb the peace, quiet and comfort of the inhabitants;
and
(2)
Is produced or caused to be produced only between the hours of 9:00
a.m. and 12:00 noon and between 2:00 p.m. and 9:00 p.m., prevailing
time, in the months of April through September, inclusive, and between
the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 7:00
p.m., prevailing time, in the months of October through March, inclusive.
D.
Yelling and shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m., or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
E.
Whistles. The blowing of any whistle except to give notice of the
time to begin or stop work or as a warning of fire or danger or upon
request of proper Township authorities or as may be required by general
law or ordinance. No fire siren or whistle shall be blown during the
hours of 11:00 p.m. and 6:00 a.m., except that the siren or whistle
may be blown in the event that there is a structure or building fire
in the Township.
[Amended 5-26-1987 by Ord. No. 1987-8; 8-25-1987 by Ord. No. 1987-16]
F.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine or motor vehicle except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
G.
Operation of vehicle. The use of any automobile, truck, bus, motorcycle,
minibike or other vehicle so out of repair, so loaded or in such a
manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
H.
Colliding automobiles. The intentional collision of automobiles,
either into each other or into fixed obstructions in any place, public
or private, which creates excessive noise so as to constitute a disturbance
to neighbors or passersby in the vicinity.
I.
Loading, unloading and opening boxes. The creation of loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
J.
Construction or repair of buildings. The erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays and on Saturday from
10:00 a.m. to 6:00 p.m. and on Sunday from 10:00 a.m. to 6:00 p.m.,
except in case of urgent necessity in the interest of public health
and safety, and then only with 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 periods 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 6:00 p.m. and 7:00 a.m. on weekdays or 6:00 p.m.
and 10:00 a.m. on Saturdays and Sundays and if he shall further determine
that loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done within the hours
of 6:00 p.m. and 7:00 a.m. weekdays and within the hours of 6:00 p.m.
and 10:00 a.m. on Saturday and Sunday, upon application being made
at the time the permit for the work is awarded or during the process
of the work.
[Amended 12-27-1989 by Ord. No. 1989-11]
K.
Schools, courts and churches. The creation of any excessive noise
on the street adjacent to any school, institution of learning, church
or court, while the same is in use, which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys
the occupants thereof, provided that conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or
court street.
L.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by the creation of noise to any performance,
show or sale.
N.
Metal rails, pillars and columns; transportation thereof. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such streets or other public
places.
O.
Railroad cars and buses; operation thereof. The causing, permitting
or continuing of any excessive, unnecessary and avoidable noise in
the operation of railroad cars, locomotives and buses.
P.
Pile drivers, hammers. 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 earthmoving machinery, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended
by loud or unusual noise.
Q.
Blowers. The operation of any hoist-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.
Nothing herein contained shall be construed to apply to church
bells or chimes or to prohibit playing by a band or orchestra in a
hall or building or in the open air, or the operation of lawn mowers
between 7:00 a.m. and 11:00 p.m. prevailing time, or to emergency
repairs which may be made by any public utility.
[Added 5-28-1974 by Ord. No. 1974-5]
A.
It shall be unlawful for any person to use or operate any sound device, loudspeaker, amplifier or apparatus in, upon, near or adjacent to any public street or place for commercial or business advertising or for political or public announcement purposes, without having obtained a permit for such use and except as provided in § 343-2C.
B.
Applications. Each applicant for a permit to use and operate a sound
device, loudspeaker, amplifier or apparatus in, upon, near or adjacent
to any public street or place shall file a written application with
the Township Clerk not later than five days before the date on which
such sound device, loudspeaker, amplifier or apparatus is to be used
or operated. Such application shall be on forms furnished by the Township
Clerk and shall describe the name and address of the applicant, the
name and address of the owner of the premises and specific location
of the premises or place for which the permit is sought, the day and
hour or hours during which such use and operation is proposed, the
make or type and other identification of the sound devices, loudspeaker,
amplifier or apparatus to be used, the volume of sound which is proposed
to be used measured by decibels or other efficient method of measuring
sound, and such other information as may be necessary for the carrying
out of the provisions of this chapter.
C.
The Township Clerk shall collect a fee of $5 for each permit for
the use and operation of each sound device, loudspeaker, amplifier
or apparatus. Each permit shall be valid for a period not to exceed
30 consecutive days.
For violation of any provision of this chapter of the Code of the Township of Eastampton, County of Burlington, including revisions, amendments and supplements thereto, where no specific penalty is provided regarding the section or sections violated, the maximum penalty shall, upon conviction of such violation, be as set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. Each and every day on which a violation exists of any provisions of this chapter shall constitute a separate violation.
