[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 439.
[Adopted 11-23-1976 by Ord. No. MC 2475 (Ch. 139, Art. I, §§ 139-23
through 139-25, 139-26 through 139-28, of the 1981 Revised Code)]
[Amended 5-9-2017 by Ord.
No. MC 3603]
A.
It shall
be unlawful for any person to make, continue or cause to be made or
continued, directly or indirectly, including on any private property
within the Township, 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 within the
Township.
B.
The owner
and/or occupier of private property in violation of this section shall
be responsible for any fines and/or penalties.
The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 397-1, but the enumerations thereof shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, streetcar, bus or other vehicle
in the Town except as a danger warning; the creation by means of any
such signaling device of any unreasonably loud or harsh sound; the
sounding of any such device for an unnecessary and unreasonable period
of time; the use of any horn, whistle or other device operated by
engine, exhaust or by compressed air or gas or by vacuum; and the
use of any signaling device when traffic is for any reason held up.
B.
Radios, televisions, phonographs, tape recorders, etc. The using,
operating or permitting to be played, used or operated, either indoors
or outdoors, of any radio receiving set, television receiver, musical
instrument, phonograph, tape recorder or other machine or device for
the producing or reproducing of sound in such a 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, chamber or
premises in which such machine or device is operated and who are voluntary
listeners thereto.
C.
Loudspeakers, amplifiers. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder 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 for any other purpose, except as authorized by governmental authorities in connection with law enforcement or public emergencies, provided that such devices may be employed in connection with nonprofit, charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Municipal Council pursuant to § 397-4 hereof.
D.
Animals, birds, etc.
(1)
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.
(2)
It shall constitute a nuisance to the neighboring residents for any
owner or guardian of any dog and/or cat to permit it to make excessive,
continuous or unwarranted barking or howling or whining or other excessive
noises during daytime or nighttime, whether or not the dog or cat
is confined to the grounds or premises of the owner or guardian.
[Added 3-8-1983 by Ord.
No. MC 2688]
E.
Nonvehicular whistles, horns and other signaling devices. The sounding
of any whistle, horn or other signaling device except to give notice
of the time to begin or stop work or as a warning of fire or danger,
upon request of proper Town authorities, or as may be required by
general rule or ordinance.
F.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary jet or internal-combustion engine or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
G.
Vehicles and their loads. The use of any automobile, motorcycle,
truck or vehicle so out of repair, so loaded or operated in such a
manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
H.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention to any performance, show or sale except
in connection with any school or civic activity or where a parade
permit has been issued.
I.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
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 any day of the week, 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 not to exceed three days or less while
the emergency continues and which permit may be renewed for a period
of three days or less while the emergency continues.
K.
Blowers, fans, pumps. The use of any blower, fan, pump, engine or
motor in connection therewith, including by way of example and not
by way of limitation air-conditioning systems, compression devices
and pool filter systems, if such use creates loud, penetrating or
continuous noises that disturb the comfort or repose of persons residing
in the vicinity.
L.
Schools, courts, churches, hospitals and public office buildings.
The creation of any excessive noise adjacent to any school, institution
of learning, house of worship, judicial court, libraries or public
office buildings while the same are in use or operation, or adjacent
to any hospital, which unreasonably interferes with the working or
operation of the institution or which disturbs or unduly annoys the
patients in the hospital or disturbs or unduly annoys the persons
using or employed in the use and operation of any school, institution
of learning, house of worship, judicial court, library or public office
building.
M.
Miscellaneous night noise. Any of the following activities when occurring
in close proximity to residences between 11:00 p.m. and 7:00 a.m.:
the warming up or idling of buses, trucks or tractors, and the unnecessary
and repeated idling, acceleration and deceleration or starting and
stopping of automobiles and motorcycles.
N.
Outdoor gatherings. Outdoor concerts except in accordance with permits
first obtained therefor from the Director of Parks and Recreation.
O.
Pile drivers, hammers, etc. The operation between the hours of 10:00
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, unless required by an emergency
situation and permitted by a special permit issued by the Director
of the Department of Public Works.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
P.
Sound trucks, mechanical loudspeakers. The use of mechanical loudspeakers
or amplifiers on trucks or other moving vehicles for advertising or
other purposes except where a specific license or permit is granted
by the Municipal Council.
Q.
The playing or permitting the playing of any radio, stereo device,
tape recorder, portable television set, phonograph, compact disc or
any sound-producing device by any passenger on public transportation
or by any customer or invited person attending a theater or place
of public assembly or as a customer or employee in a supermarket,
retail store, auto service station or garage or in any publicly attended
establishment, public sidewalks, parks, athletic fields, playgrounds,
library or church grounds, residential entrances and yards or public
buildings in such a manner and volume so as to be heard beyond the
hearing range of the carrier or operator of said device so as to disturb
the quiet, comfort, peace or repose of any person or persons in public
places at any time; except or unless such radio, stereo, tape or record
player, listening device or machine or sound-producing device is equipped
with a personal ear-listening device so as to be heard only by the
user. Any personal listening device used on said equipment shall not
be worn while crossing or walking on any street or in such other places
within the Township where such use may endanger the individual wearer
or others.
[Added 8-11-1981 by Ord.
No. MC 2636; amended 2-11-1985 by Ord. No. MC 2805; 10-28-1986 by Ord. No. MC 2816[1]]
[1]
Editor's Note: This ordinance further provided that any
person violating the provisions of this subsection shall have said
device held as evidence by the Irvington Police Department (now Department
of Public Safety) pending disposition of the matter by the appropriate
authority.
R.
The playing or permitting of the playing of any radio, stereo, tape
recorder or machine or device producing loud sound in any motor vehicle
parked on any public street, public or private parking lot or driveway
or yard or in any moving vehicle which sounds are in such volume so
as to unreasonably annoy or disturb the quiet, comfort, peace or repose
of any person or persons present or living or working in the vicinity
of said parked or moving motor vehicle.
[Added 2-11-1986 by Ord.
No. MC 2805; amended 10-28-1986 by Ord. No. MC 2815]
S.
Engaging in recreational activities on public streets is prohibited. In the absence of a permit to do so, public streets shall not be used for recreational activities. This includes, but is not limited to the playing of any sports, games or other activities on public streets, except as authorized by governmental authorities in connection with nonprofit, charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Municipal Council pursuant to § 397-4 hereof.
[Added 11-24-2009 by Ord.
No. MC 3410]
No person shall use or operate any facility, machine or instrumentality,
or produce or cause to be produced any sound in the Town, when the
same shall produce noise, the sound-pressure level of which measured
at the point of annoyance complained of shall exceed 65 decibels between
the hours of 8:00 a.m. and 8:00 p.m. or 50 decibels between the hours
of 8:00 p.m. and 8:00 a.m., or that which shall be more than 10 decibels
above the existing background sound level, as measured on the A-weighting
of a sound-level meter which conforms to the specifications of the
United States of America Standards Institute. The "background sound
level" is defined as the sound level present when the offending noise
source is silenced. In no instance, however, shall it be necessary
to reduce the noise level below 40 decibels between the hours of 8:00
a.m. and 8:00 p.m. or 30 decibels between the hours of 8:00 p.m. and
8:00 a.m. This section is applicable when and where the character
and nature of any sound or noise lends itself to measurement, but nothing in this section shall
be construed in any way to limit any other portion or part of this
article.
[Amended 1-13-1981 by Ord. No. MC 2622; 8-11-1981 by Ord. No. MC 2636]
A.
The Director of the Irvington Public Safety Department or his designee
in his Department may issue permits required by the provisions of
§ 394-2 for the use of loudspeakers and amplifiers in connection
with nonprofit, charitable, educational, civic, religious, recreational
or political activities, provided that the Director of the Public
Safety Department shall find that the activities will not unduly or
unnecessarily annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of others and that the activities or use of
said sound equipment will not violate any other provisions of any
ordinance or law or create a public nuisance and that the public health
and safety will not be endangered thereby. Permits issued hereunder
shall be for use for any permitted three days designated within a
specified five-day period indicated by the applicant and shall be
conditioned and subject to the following provisions and rules:
[Amended 10-14-2015 by Ord. No. MC 3553]
(1)
The permits shall specify the dates and hours of the permitted use
and activity, which shall not be permitted before the hour of 10:00
a.m. nor after the hour of 8:00 p.m. and not permitted on Sundays
or religious holidays (except as permitted in direct connection in
a specific religious celebration or parade).
(2)
The use of such loudspeakers or amplifiers shall not be permitted
or operated at or in the immediate vicinity of any hospital, nursing
home, school, institution of learning, house of worship, judicial
court, library or public office building while said school, institution
of learning, house of worship, library or public office building or
hospital or nursing home is in session or operation.
(3)
Use of loudspeakers or amplifiers shall not be permitted in a residential
neighborhood if said equipment is set in a fixed location so as to
unduly annoy and disturb the peace, quiet, comfort, repose or health
of the residents in the vicinity.
(4)
Permits shall not be issued less than three business days before
the specified date for use of the equipment.
B.
The Director of the Public Safety Department is authorized to adopt
and use such forms of application as may be required. Each application
for a permit shall contain the name of the applicant, and, if the
applicant is a corporation or association, the application shall recite
the name of the authorized officer or person signing the application.
The application shall state the name or names of the particular users
and operators of the sound equipment and the name and description
of the mobile vehicle unit to be used.
[Amended 10-14-2015 by Ord. No. MC 3553]
C.
The fee for a permit for the use of loudspeakers and amplifiers in
connection with nonprofit, charitable, educational, civic, religious
or recreational activities shall be $150.
[Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413[1]]
Nothing in this article shall be construed to apply to church
bells or chimes, nor to the playing of bands or orchestras in a hall
or building in a manner which will not annoy the peace, comfort and
quiet of the neighboring inhabitants, nor to municipal, county, state
or federal government agencies in connection with any emergency, nor
to normal working activities of or activities sponsored by the Municipal
Council, nor to warning devices on other vehicles used only for traffic
safety purposes.
In addition to public law enforcement officers and others who
by law are entitled to enforce or bring complaints under this article,
the officers who are designated hereunder for the issuance of permits
as well as the Code Enforcement Officer shall have the power to enforce
and bring complaints under this article.
