It is the stated legislative intent of the Mayor and Common
Council of the City of Gloucester City to protect public health and
safety, both physical and psychological, of the residents of the City
of Gloucester City. Accordingly, as loud, unnecessary or unusual noise,
as mentioned in this chapter, is deemed to be contrary to said public
health, welfare and safety and as such as is contrary to the peace
of the City of Gloucester City, the Mayor and Common Council hereby
declare the following.
It shall be unlawful for any person or persons to make, continue
or cause 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 or safety of others within the limits
of the City of Gloucester City.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A. Radios, televisions, stereo systems or amplifiers: the using, operating
or permitting to be played, used or operated of any radio receiving
set, television, musical instrument, stereo system or amplifier, or
other machine or device for the production or reproduction of sound,
in such a manner as to disturb the peace, quiet and comfort of the
neighborhood 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. The operation of
any such set, instrument, stereo system or amplifier 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 chapter.
B. Loudspeakers, amplifiers for advertising: the using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, stereo system, loudspeaker, sound amplifier or
other machine or device for the producing or reproducing of sound
which is out upon the public streets for the purpose of commercial
advertising or for any other purpose.
C. Yelling, shouting, etc: yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
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, apartment
or other type of residence, or of any persons in the vicinity.
D. Construction or repairing of buildings: the erection (excluding excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case
of urgent necessity to the interest of public health and safety, and
then only with a permit from the Building Inspector. Said permit may
be granted for a period not to exceed three days or less while the
emergency continues and may be renewed for periods of three days or
less while the emergency continues. If the applicable Code Enforcement
Official should determine that the public health and safety will not
be impaired by the erection, demolition or repair of any building
or the excavation of streets and highways between the hours of 6:00
p.m. and 7:00 a.m., and if he shall further determine that loss or
inconvenience would result to any party or interest, he may grant
permission for such work to be done between the hours of 6:00 p.m.
and 7:00 a.m. upon application being made at the time the permit for
the work is awarded or during the progress of the work. Nothing in
this subsection shall prevent the occupant or owner of the premises
at any time from making or causing to be made minor repairs or improvements
to, on or about the premises, provided that the same shall be done
without undue noise or disturbance and shall not cause a nuisance
or disturb the peace and quiet of the neighborhood.
E. Schools, courts, churches and 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 excessive noise is unreasonable and interferes with the workings
of such institution or disturbs or unduly annoys patients in the hospital,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
F. Drums: the use of any drum or other instrument or device for the
purpose of attracting attention to any performance, show or sale by
the creation of noise.
G. Hawkers and peddlers: the shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
H. Pile drivers, hammers, etc.: the operation, other than between the
hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver,
steam shovel, bulldozer or other earthmoving machinery, pneumatic
hammer, derrick, steam or electric hoist or other appliance.
[Amended 6-7-1990 by Ord.
No. 13-1990]
I. Parties and other social gatherings at residences: any party, social
gathering or group of persons at any residence in the City of Gloucester
City which, either by way of a sound system or by loud voices or other
noises, disturbs the quiet, comfort or repose of any person or persons
in any dwelling, apartment or other type of residence or of any persons
in the vicinity. It shall be the responsibility of the owner, lessee
or person in control of said residence or place of gathering to control
said persons or groups of persons attending such gatherings from creating
said disturbance.
Parades may be permitted within city limits, provided that a
permit is issued for the same. Application shall be made to the City
Clerk, who in turn will refer the same to the Chief of Police for
investigation. The application must be made a minimum of 10 days prior
to the parade, which application shall indicate the time, the approximate
number of people in the parade, the desired route and the purpose
of the parade. The Chief of Police shall have the right to reroute
said parade if, in his opinion, it is apt to interfere with the free
flow of vehicular traffic or create danger to life, limb or property.
Nothing herein contained shall be construed to apply to church
bells or chimes or to prohibit playing by a band or orchestra in a
hall.
Any person who shall violate this chapter shall, upon conviction
thereof, pay a fine not exceeding $500 or be imprisoned in the county
jail for a term not exceeding 90 days, or both, for each offense in
the discretion of the court.