[HISTORY: Adopted by the Township Committee of the Township
of Mendham as Sec. 3-2 of the 1998 Revised General Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Construction hours; use of power equipment — See Ch. 131.
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 § 229-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; audio equipment. The playing, use or operation
of any radio receiving set, television, musical instrument, audio
equipment or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or with louder volume than is necessary
for convenient hearing for persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, audio equipment,
machine or device between the hours of 11:00 p.m. and 8:00 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 chapter.
(2)
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, which 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.
(4)
Horns. The sounding of a horn or warning device on any automobile,
motorcycle, bus or other vehicle except when required by law, or when
necessary to given 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 or motor vehicle, except
through a muffler or other device which will effectively prevent 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 loud and unnecessary
grating, grinding, rattling or other noise.[1]
(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 conspicuous
signs are displayed in such a street indicating that it is a school,
hospital or court street.
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, when duly authorized.
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:
