It shall be unlawful for any person to create, assist in creating,
permit, continue, or permit the continuance of any unreasonably loud,
disturbing, unusual or unnecessary noise that either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others within the limits of the Township.
The following acts are declared unreasonably loud, disturbing,
or unnecessary noises and are unlawful and prohibited, but this enumeration
shall not be deemed to be exclusive:
A. The playing of any radio, phonograph, tape recorder, stereo, musical
instrument or any sound amplification device of any character in such
a manner or with such volume, at any time or place as to annoy or
disturb the quiet, comfort or repose of persons in any office, dwelling,
hotel or other type of residence or of any person in the vicinity.
B. The discharge into the open air of exhaust of any steam engine, compressed
air machine, stationary internal combustion engine, motor vehicle,
or any other machine, except through a muffler or other device that
will effectively prevent loud or explosive or disturbing noises.
C. The use
of engine brakes (commonly called "Jake brakes®") by any vehicle
operator.
[Added 8-10-2022 by Ord. No. 337]
D. The creation of a loud unnecessary noise in connection with the loading
or unloading of any vehicle or the opening and closing or destruction
of bales, boxes, crates or their containers.
E. Yelling, shouting, whistling, loud talking or singing on the public
streets, particularly between the hours of 10:00 p.m. and 7:00 a.m.,
or at any other time or place as to annoy or disturb the quiet comfort
or repose of persons in any office, dwelling, hotel or any other type
of residence or of any persons in the vicinity.
F. The use of any drums, loudspeakers, musical devices, or other instruments
or devices for the purpose of attracting attention by the creation
of noise to any performance, show or sale or display of merchandise.
G. The use of mechanical loudspeakers, on or from motor vehicles in
a manner that causes the sound emitted from the vehicle to be heard
on private property, except when a specific permit is first granted
by the Township Board of Trustees. The Township Board of Trustees
shall cause such a permit be issued when it finds the following:
(1) The applicant has a noncommercial message that cannot be effectively
communicated to the public by any other means of communication available.
(2) The applicant will limit the use of the loudspeakers to times, locations
and sound levels that will not unreasonably disturb the public peace.
(3) The applicant will not use such equipment in residential areas between
6:00 p.m. and 9:00 a.m.
H. Construction, repair, erection, excavation, demolition, alteration
or remodeling at any time on Sunday and between 8:00 p.m. and 7:00
a.m., Monday through Saturday, except in case of urgent necessity
in the interest of public safety and then only upon permission having
been first obtained from the Department of Building Services or the
Department of Utilities and Municipal Services.
I. The firing of firearms, air guns, or other combustible substances
for the purpose of making a noise or disturbance.
J. The practicing and training of any drum corps, band, orchestra or
other musical organization, or the practice by individuals on the
various musical instruments, that produce a noise or disturbance,
and which annoy the peace, repose and comfort of the residents in
the vicinity.
K. The excessive sounding of any horn or signal device, emanating from
a motor vehicle, so as to create any loud or harsh sound plainly audible
within any dwelling unit or residence, except as a warning of danger
signal or an alert. As used in this subsection, "motor vehicle" means
any vehicle that is self-propelled.
L. The playing or operation of any device designed for sound reproduction,
including, but not limited to, any radio, television set, musical
instrument, audio system, including cassette tape players, compact
disc players, MP3 players, and speakers, or loud speaker in such a
manner or with such volume as to be plainly audible in any dwelling
unit or residence which is not the source of the sound, or to operate
any such device on public property or on a public right-of-way so
as to be plainly audible 50 feet or more from such device.
[Added 8-10-2022 by Ord. No. 337]
The playing or operation of any device designed for sound reproduction,
specifically, any radio, musical instrument, audio system, or loud
speaker for the purpose of an approved religious event or approved
school function on school property or place of worship between the
hours of 7:00 a.m. and 11:00 p.m. is exempt from violation of this
article.
A. For purposes
of this section, "approved" shall be defined as an activity approved
by a school administration, governmental body with jurisdiction over
the property, or religious organization and supervised by an adult
employee, member, or volunteer or the entity.
B. Definitions.
(1) RELIGIOUS
EVENT — An activity related to a religion and its
beliefs.
(2) SCHOOL
FUNCTION — An activity related to schooling, education,
enrichment, and extracurricular activities, including, but not limited
to, sports teams, music clubs, bands, and drama productions.
(3) SCHOOL
PROPERTY — Land or structures owned or leased by an
identified school, school district, or higher learning institution.
(4) PLACE
OF WORSHIP — Land or structures owned or leased by
an identified cathedral, church, congregation, ministry, mission,
mosque, or temple.
In a prosecution for a violation of this article, proof that
the particular motor vehicle described in the citation, complaint,
or warrant was used in the violation, together with proof that the
defendant named in the citation, complaint or warrant was the registered
owner of the motor vehicle at the time of the violation, constitutes
in evidence a presumption that the registered owner of the motor vehicle
was the person who operated or controlled the motor vehicle when the
noise violation occurred. The person in whose name the motor vehicle
is registered with the Secretary of State is presumed to be the registered
owner of the motor vehicle.