[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield 11-10-2005 by Ord. No. 2005-9. Amendments noted where
applicable.]
It shall be unlawful for a person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which does or is likely to annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others.
A.
Without intending to limit the generality of § 136-1 above, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(1)
Radios; televisions; sound systems. The playing, use or operation
of any radio receiving set, television, musical instrument, phonograph,
compact disc player or other machine or devise for the producing or
reproducing of sound in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants or with unreasonably loud volume
than that which is necessary for convenient hearing for persons who
are in the room, vehicle or area in which the machine or device is
operated and who are voluntary listeners. The operation of such a
set, instrument, phonograph, machine or device between the hours of
10:00 p.m. and 7:00 a.m., so that it 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 section.
(2)
Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 10:00 p.m.
and 7:00 a.m., or at any time or place, which is unreasonable under
the circumstances or annoys or disturbs the quiet, comfort or repose
of persons in any office, dwelling, hotel, motel or other type of
residence or of any persons in the vicinity.
(3)
Animals; birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturbs the comfort or repose of
any person in the vicinity, but nothing herein contained is intended
to apply to:
(4)
Horns. The sounding or a horn or warning device on an automobile,
motorcycle, bus or other vehicle except when required by law, or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impending danger to persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound, or for an unnecessary or unreasonable
period of time.
(5)
Exhaust. The discharge into the open air of the exhaust of a steam
engine, stationary internal combustion engine motor vehicle, or other
machinery or equipment, except through a muffler or other device which
will effectively prevent unreasonably loud or explosive noises.
(6)
Defect in vehicle or load. The use of an automobile, motorcycle or
vehicle so out of repair or so loaded that it creates unreasonably
loud and unnecessary grating, grinding, rattling or other noise.
(7)
Schools; courts; churches; hospitals. The creation of excessive noise
on a street adjacent to a school, institution of learning, church
or court while in use, or adjacent to a hospital, which unreasonably
interferes with the working of the institution or which disturbs or
unduly annoys patients in the hospital, provided that the presence
of the school, institution, court or hospital is known or reasonably
should have been known to the individual creating the excessive noise.
B.
The above enumeration is intended to give typical illustrations of
prohibited noise and shall not be construed as exclusive.
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 municipal 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 municipal officials.
D.
The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized.
E.
Noise generated or associated with standard farm operations.
Sound trucks may be operated in accordance with the following
regulations upon the issuance of a permit by the Township Committee
for each occasion and each location.
This chapter shall be read to coincide with and further support § 92-4 governing construction activity, prohibited times and practices, and not in derogation of the provisions set forth therein.
Any person, firm, corporation or other entity convicted of a
violation of this chapter or any section thereof shall be punished
by a fine of not less than $100 nor more than $1,250 per violation
or a term of imprisonment not to exceed 90 days, in the discretion
of the sentencing court.
