[HISTORY: Adopted by the Township Council of the Township
of Ewing 10-8-2013 by Ord. No. 13-39. Amendments noted where applicable.]
It is hereby found and declared that:
A.
The making and creation of loud, unnecessary or unusual noises within
the limits of the Township is a condition which has existed for some
time and the extent and volume of noises is increasing;
B.
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 detrimental to the public health,
comfort, convenience, safety, welfare and prosperity of the residents
of the Township.
C.
The necessity in the public interests for the provisions and prohibitions
hereinafter contained is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions
and prohibitions hereinafter contained are in pursuant of and for
the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare and peace and quiet of the Township and
its inhabitants.
The terms of this ordinance shall not be deemed and are not intended to impair the provisions and enforcement of Chapter 240 of this Code, which shall remain in full force and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine or device for the amplification of the human
voice, music, or any other sounds, but not be construed as including
standard automobile radios when used and heard only by occupants of
the vehicles in which they are installed, or warning devices on authorized
emergency vehicles, or horns or other devices used only for traffic
safety purposes.
Any motor vehicle, horse-drawn vehicle or any other means
of conveyance whatsoever, having mounted thereon, or attached hereto,
any sound-amplifying equipment.
It shall be unlawful for any person to make, continue or use
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. Such noise is prohibited between the hours of 10:00
p.m. and 7:00 a.m., on Sunday, Monday, Tuesday, Wednesday and Thursday;
and the hours of 11:00 p.m. and 7:00 a.m. on the days of Friday and
Saturday, in a manner as to be plainly audible at a distance of 50
feet from the building, structure or vehicle in which noise is emanating
shall be prima face evidence of a violation of this section.
A.
The following acts are hereby declared to be examples of loud, disturbing
and unnecessary noise in violation of this section, and are prohibited
between the hours of 10:00 p.m. and 7:00 a.m., on Sunday, Monday,
Tuesday, Wednesday and Thursday; and the hours of 11:00 p.m. and 7:00
a.m. on the days of Friday and Saturday, in a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle
in which noise is emanating shall be prima face evidence of a violation
of this section.
(1)
Radios; televisions; phonographs. The using, operating, or permitting
to be played, used or operated, of 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 with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle or chamber in which the machine
or devices is operated and who are voluntary listeners.
(2)
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 purposes of commercial
advertising, or attracting the attention of the public to any building
or structure.
(3)
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., on Sunday, Monday, Tuesday, Wednesday and Thursday;
and the hours of 11:00 p.m. and 7:00 a.m. on the days of Friday and
Saturday, or at any other time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office, dwelling, apartment
or other type of residence or of any persons in the vicinity.
(4)
Animals; girds. Notwithstanding the provisions of § 240-8G, the keeping of any animals or birds which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with this Code.
(5)
Horns; signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle, bus, streetcar 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 of persons upon the street: the
creation by means of any signaling device of any unreasonably loud
or harsh sound, or for any unnecessary period of time; the use of
any signaling device except one operated by hand or electrically;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any signaling device when traffic is held up for any
reason.
(6)
Steam whistles. The blowing of any locomotive steam whistle attached
to any stationary boiler, except to give notice of the time to begin
or stop work, or as a warning of danger, or as a signal or warning
in connection with civil defense, fire or ambulance calls, or upon
request of the proper municipal authorities.
(7)
Exhaust. 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.
(8)
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.
(9)
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 working of the institution
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such street indicating that the
same is a school, hospital or court street.
(10)
Drums. The use of any drums or other instrument or device for
the purpose of attracting attention by creation of noise of any performance,
show or sale.
(11)
Hawkers; peddlers. The shouting and crying of peddlers, hawkers,
and vendors which disturb the peace and quiet of the neighborhood.
(12)
Pile drivers; hammers. The operation other than between the
hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, 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.
(13)
Miscellaneous night noises. The "warming up" of diesel motors
of motor vehicles; creation of loud or excessive noise in connection
with loading or unloading of any vehicle; the repair, erection or
demolition of any building, the operation of any lawn mower, weed-cutting
device or other lawn equipment or the creation of any other loud or
raucous sound or noise between the hours of 9:00 p.m. and 7:00 a.m.
in proximity of any dwelling, residence or other inhabited buildings.
B.
The above enumeration is only 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 in church
activities.
B.
Activities of the municipal departments in the performance of their
duties, drills or public demonstrations.
C.
Publicly sponsored activities in the public parks, playgrounds or
public buildings under the permission or authority of the municipal
officials.
D.
The playing of a band or orchestra in a hall or building or in the
open air during a publicly sponsored performance.
E.
Any public utility as defined in Title 48 of the New Jersey Statutes,
or to any employees of a public utility when the public utility or
its employees are engaged in performing work to prevent the threatened
interruption of its services, or to terminate the interruption of
its service rendered to its customers.
A.
Violation of any provision of this chapter shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official, Health Officer, or any member of the general public who
is affected by excessive noise.
