[HISTORY: Adopted by the Merchantville Borough Council 5-27-1997. (This ordinance superseded former Ch. 46, Noises, adopted 10-26-1931.) Amendments noted where applicable.]
It shall be unlawful for any person to make, continue or cause to be made or received within the limits of the Borough of Merchantville 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 borough.
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
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 a manner as to disturb the peace, quiet and comfort of neighboring inhabitants of which or with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m., in such manner as to be plainly 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.
[Amended 8-11-03 by Ord. No. 03-10]
Yelling; shouting. Yelling, shouting, hooting, whistling or singing on public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb 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.
Animals; birds. The keeping of any animals or birds which, by causing frequent or long continued noise, disturbs the comfort or repose of any person in the vicinity.
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except where 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 to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
PA systems; exterior telephone bells. The use of public address systems, outside alarms and telephones on businesses which emit noise into residential areas from a commercial district.
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 effectively prevents loud or explosive noises therefrom.
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.
Construction or repair. The carrying on of an excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 10:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on, between 10:00 p.m. and 7:00 a.m.
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 placed in such a street indicating that it is a school, hospital or court street.
Violations of N.J.A.C. 7:29-1.1 et seq. To cause, suffer, allow or permit sound from any industrial, commercial, public service or community service facility, as defined in N.J.A.C. 7:29-1.1, that, when measured at a residential property line, is in excess of the standards as set forth in N.J.A.C. 7:29-1.2 et seq., or that, when measured at the property line of any other commercial facility, is in excess of the standards as set forth in N.J.A.C. 7:29-1.3 et seq.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
No person shall use any drum, loudspeaker or other instrument or device, or create any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
No hawker, peddler or vendor shall shout or cry out upon any street or public place between the hours of 5:00 p.m. and 8:00 a.m.