[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 9-28-1970 by Ord. No. 242 (Ch. 151 of the 1981 Code).
Amendments noted where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual noises within
the limits of the Borough of Lindenwold is a condition which has existed
for some time and the extent and volume of noise is increasing.
B.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are unusual and unnatural in their time, place
and use affects and is a detriment to the public health, comfort,
convenience, safety, welfare and prosperity of the residents of the
Borough of Lindenwold.
[Amended 3-11-2009 by Ord. No. 1249]
C.
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 Borough of Lindenwold and its inhabitants.
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 Borough.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, 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 Borough, 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 any 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 for or operated by engine exhaust; and the use of
any such signaling device when traffic is for any reason held up.
B.
Radios, phonographs. The using, operating or permitting to be played,
used or operated of any radio receiving set, 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 8:00
p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or vehicle in which
it is located shall be prima facie evidence of a violation of this
section.
[Amended 10-19-1981 by Ord. No. 587; 3-11-2009 by Ord. No. 1249]
C.
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of 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 attracting the attention of the public to any building or structure.
D.
Yelling, shouting. Yelling, shouting, hooting, whistling or singing
on the public streets particularly between the hours of 8:00 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 or other type of residence or of any person in the vicinity.
[Amended 3-11-2009 by Ord. No. 1249]
E.
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.
F.
Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler 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 Borough authorities.
G.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
H.
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.
I.
Loading, unloading 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, containers or any other material.
[Amended 3-11-2009 by Ord. No. 1249]
J.
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 Building Inspector, which permit
may be granted for a period of 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 Building Inspector 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., and if he shall further determine that loss of convenience
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. upon
application being made at the time the permit for the work is awarded
and during the progress of the work.[1]
K.
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 same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such streets indicating that the
same is a school, hospital or court street.
L.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
M.
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.
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.
Street railway cars, operation thereof. The causing, permitting or
continuing of any excessive, unnecessary and avoidable noise in the
operation of a street railway car.
P.
Pile driver, hammers. The operation between the hours of 8:00 p.m.
and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
[Amended 3-11-2009 by Ord. No. 1249]
Q.
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 noise.
