[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-23-2004 by Ord. No. 12-2004]
As used in this article, the following terms shall have the
meanings indicated:
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in the excessive, loud, unusual or explosive
noise from such vehicle.
It shall be unlawful for the driver of any motor vehicle to
use or operate or cause to be used or operated, at any time and on
any road within the Township of Edgewater Park, any mechanical exhaust
or decompression device which results in the practice known as "engine-braking."
The provisions of this chapter shall not apply to the application
of unmuffled compression brakes, where necessary for the protection
of persons and/or property, which cannot be avoided by application
of an alternative braking system. Noise caused by the application
of engine compression brakes, otherwise known as "engine-braking,"
which is effectively muffled or if the application is necessary for
the health, safety and welfare of the community is exempt from the
provisions of this chapter. Sounds created by emergency equipment
of emergency purposes are also exempt.
The Township is hereby authorized to post, at reasonable locations
within the Township, signs indicating the prohibition of engine-braking.
Should any section, subsection, paragraph, sentence, clause
or phrase of this article, or its application be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity
of the remaining portion of this article, or its application to any
other person or set of circumstances.
This article shall take effect upon final passage and publication
in accordance with the law, but not before approval has been received
from the Commissioner, Department of Transportation.
[Adopted 10-17-2006 by Ord. No. 19-2006]
No outdoor construction activity shall be permitted which involves
the operation of vehicles, equipment, machinery, generators, compactors,
welders or other power tools or specialized construction or building
equipment between the hours of 8:00 p.m. and 7:00 a.m. during the
weekdays, Monday through Friday, inclusive, or between the hours of
8:00 p.m. and 8:00 a.m. on Saturdays and Sundays.
No indoor construction activity shall be permitted which involves
the operation of equipment, machinery, generators, compactors, welders
or other power tools or specialized construction or building equipment,
which generates noise that is audible beyond the property lines of
the lot on which the building is located in a manner that would reasonably
annoy or disturb the quiet, comfort or repose of persons in any dwelling
or other type of residence or of any persons in the vicinity, between
the hours of 8:00 p.m. and 7:00 a.m. during the weekdays, Monday through
Friday, inclusive, or between the hours of 8:00 p.m. and 8:00 a.m.
on Saturdays and Sundays.
The provisions of § 342-7 shall not apply to a federal, state or local government employee or a public utility employee performing emergency repairs or to other repairs of an emergency nature being conducted in accordance with a specific waiver issued by the Construction Official of the Township of Edgewater Park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The using or operating of, or permitting to be played, used
or operated, 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 for any other purpose is
prohibited with the following exceptions: such sound as may attract
attention but which will not disturb the peace, quiet, and comfort
of the inhabitants, provided such sound is produced or caused to be
produced only between the hours of 12:00 noon and 8:00 p.m., Sunday
through Thursday, and 12:00 noon to 9:00 p.m., Friday and Saturday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The using, operating, or permitting to be played, used or operated
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 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 is prohibited. The operation of
any such set, instrument, phonograph, machine or device between the
hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly
audible at a distance of 25 feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
If any section, paragraph, subsection, clause or provision of
this article shall be declared invalid by a court of competent jurisdiction,
such decision shall not affect the validity of this article as a whole
or any part thereof. The Township Committee hereby declares that it
would have passed this article, including each part, section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that one
or more parts, sections, subsections, sentences, clauses or phrases
may be declared invalid.
