Township of Willingboro, NJ: Noise

§ 231-1 Findings.

The Township Council of the Township of Willingboro, County of Burlington and State of New Jersey, finds and determines that:

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 of Willingboro.

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Township of Willingboro and its inhabitants.

§ 231-2 Unlawful acts.

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.

§ 231-3 Loud, disturbing and unnecessary noise.

[Amended 3-5-2013 by Ord. No. 2013-1]

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter. Noise that is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter. The following enumeration shall not be deemed to be exclusive:

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 such 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.

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 who is or persons who are in the room, vehicle or chamber in which such machine or device is operated and who is or 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.

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, with the following exceptions: such sound as may attract attention but which will not disturb the peace, quiet, and comfort of the inhabitants, provided such sound is produced or caused to be produced only between the hours of 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.

Yelling, 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.

Animals, birds: the keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

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.

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.

Defect in vehicle or load: the use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

Loading, unloading, opening boxes: the creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

Construction or repairing 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, 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., upon application being made at the time the permit for the work is awarded or during the progress of the work.

Schools, courts, churches, hospitals: the creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the school, institution of learning, church or court is in use, or adjacent to any hospital which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the street is a school, hospital or court street.

Drums: the use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

Hawkers, peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

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.

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.

Piledrivers, hammers: the operation other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays of any piledriver, 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.

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.

Alarms. The sounding of any audible alarm device, horn, bell or siren attached to the interior or exterior of a building and emitting a warning signal outside the building and designed to attract attention when activated by a criminal act or other emergency requiring police or fire response is prohibited, unless that audible alarm is equipped with a timing mechanism in proper working order that will disengage the audible alarm after a maximum period of 15 minutes. No audible alarm shall create a sound similar to that of an emergency vehicle siren or civil defense warning system. The timing device requirement shall not be applicable to public buildings.

Sparkling devices and novelties. The using, operating, or permitting of any sparkling devices and novelties 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 any persons in the vicinity. For purposes of this section, N.J.S.A. 21:2-2 defines "fireworks" to include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, but shall not include sparkling devices and novelties, and further defines "sparkling devices and novelties" to mean a) wood sticks or wire sparklers of not more than 100 grams of pyrotechnic mixture per item; b) handheld or ground-based sparkling devices which are nonexplosive and nonaerial, which may produce a crackling or whistling effect, and which contain 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes; and c) snakes and glow worms, smoke devices, and trick noisemakers, which include party poppers, snappers, and drop pops, each consisting of 25/100 grains or less of explosive mixture. Sparkling devices and novelties are legal to use, possess, store, sell or offer for sale to any person that is 16 years of age or older. The sale, possession and use of fireworks are illegal and require a valid permit pursuant to N.J.S.A. 21:2-1 et seq.

[Added 8-4-2020 by Ord. No. 2020-15]

§ 231-4 Exceptions.

Nothing herein contained shall be construed to apply to church bells or chimes.

Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall or building or in the open air, provided that there is no amplification of the sound of a band or orchestra playing in the open air. There shall be no playing of a band or orchestra in the open air between the hours of 12:00 midnight and 7:00 a.m. The Township Council or the Township Manager acting for the Township Council may, for special events, grant approval for the amplification of the sound of a band or orchestra playing in the open air and may permit a band or orchestra playing in the open air to play during the restricted time period.

§ 231-5 Violations and penalties.

[Added 3-5-2013 by Ord. No. 2013-1; amended 8-4-2020 by Ord. No. 2020-15]

The violation of any section of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or of any order issued pursuant to this chapter. Each day of violation shall constitute an additional, separate and distinct offense.

In the case of the first violation of any section of this chapter, the maximum penalty shall, upon conviction of such violation, be a fine not exceeding $500, provided, however:

(1)

In cases where a minor is involved, a verbal first warning and copy of this chapter may be provided to both the minor and the parent or legal guardian in lieu of a summons, at the discretion of the police officer.

(2)

If the same minor in question is again found to be in violation of this chapter (not necessarily the same offense), the parent or guardian of the minor shall be cited for violation of this chapter and subject to the penalties described in § 231-5 above.

In the case of a second violation of this chapter, the maximum penalty shall, upon conviction of such violation, be a fine not exceeding $1,000 or imprisonment in the county jail for a period not exceeding 30 days or a period of community service not exceeding 30 days.

A third violation of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Township of Willingboro.