[Amended 9-12-95 by Ord. No. 495]
No person shall within the limits of the Borough of Woodstown,
carry about their person or in any vehicle under their control any
destructive device or other weapon as detailed in N.J.S.A. 2C:39-1,
et seq. Persons convicted under this section shall be subject to a
fine not exceeding $500 and to imprisonment in the county jail for
a period not exceeding 90 days.
[Added 1-24-95 by Ord. No. 480; amended 5-14-02 by Ord. No. 566; 3-24-09 by Ord. No. 2009-7; 8-25-2020 by Ord. No. 2020-7]
A. No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise of such character, intensity or
duration likely to disturb the peace, quiet and comfort of the neighboring
residents, or to the annoyance or inconvenience of travelers on the
streets or persons in neighboring premises. The creation of any unreasonably
loud, disturbing and unnecessary noise in the Borough of Woodstown
is hereby prohibited. There is further prohibited any noise of such
character, intensity or duration as is detrimental to the quality
of life, safety or health of any individual.
B. No person shall, within the limits of the Borough of Woodstown, cause,
suffer, allow or permit vocalizing, or the use, playing or operation
of any musical instrument, electrical or mechanical device or electronic
sound system such as a radio, television, tape player, amplifier or
similar device, or the use of engine compression brakes which generate
sound that is audible by the human ear at a distance of at least 100
feet as measured in a straight line from the source of the sound in
at least one direction.
C. Without intending to limit the generality of Subsections
A and
B above, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(1) Radios; televisions; phonographs.
(a)
The playing, use or operation 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 or with louder
volume than is necessary for convenient hearing for persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners; or
(b)
The operation of such a set, instrument, phonograph, machine
or device so that it is clearly audible across real property boundaries
or through partitions common to two parties within a building or clearly
audible at 100 feet from such device when operated within a motor
vehicle parked on a public right-of-way or on a public space or within
a boat.
(2) Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets which annoys or disturbs the quiet, comfort
or repose of persons in any office, dwelling, hotel or other type
of residence or of any persons in the vicinity.
(3) Animals; birds. The keeping of animals or birds which, by causing
frequent or long continued noise, disturbs the comfort or repose of
any person in the vicinity.
(4) Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle, except when 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 on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound or for an unnecessary or unreasonable
period of time.
(5) Exhaust. The discharge into the open air of the exhaust of an engine,
stationary internal combustion engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises. In addition, the modification of an exhaust system in a motor
vehicle in a manner which will amplify or increase the noise emitted
by such vehicle above that by the exhaust system originally installed
on the vehicle.
(6) Defect in vehicle or load. The use of an automobile, motorcycle or
vehicle so out of repair or so loaded that it creates loud and unnecessary
grating, grinding, rattling or other noise.
(7) Schools; courts; churches. The creation of excessive noise on a street
adjacent to a school, institution of learning, church or court while
in use which unreasonably interferes with the working of the institution,
provided that conspicuous signs are displayed in such a street indicating
that it is a school or court.
(8) Public use of sound-creating devices. The operation of any form of
a sound-creating device, vocal or instrumental, human or mechanical
or otherwise on the sidewalks, streets and highways or other public
places of the Borough, for or without profit, for the purpose of attracting
the attention of the public to and the advertisement of any business,
sport, exhibition, entertainment, spectacle, undertaking, happening,
occasion and any other event or the operation in any building or on
any premises or on any public street of the Borough any radio device
or mechanical musical instrument or device of any kind whereby the
sound is cast directly or indirectly upon any public street or place
and where such device is maintained and operated for advertising purposes
or for the purpose of attracting the attention of the passing public
or which is so placed and operated that the sounds coming therefrom
can be heard to the annoyance or inconvenience of persons upon any
street or public place or in neighboring premises, provided that the
inhibition herein contained shall not be applicable to any parade
for which a permit has been issued or previously approved by council.
(9) Motor vehicles and motorcycles.
(a)
Unreasonable noise disturbances made, continued or caused to
be made by the operation of a motor vehicle or motorcycle.
(b)
Repairing, rebuilding, modifying or testing any motor vehicle
or motorcycle in such a manner as to cause a noise disturbance.
(c)
Operating or causing to be operated a public or private motor
vehicle or motorcycle on a public right-of-way at any time in such
a manner that the sound level emitted by the motor vehicle or motorcycle
is clearly audible at 100 feet.
(10) The use or operation, at any time and on any road within the Borough
of Woodstown, any mechanical exhaust or decompression device also
known as "engine braking." "Engine braking," as used herein, shall
mean 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 loud or unusual noise from such vehicle and
shall include engine compression brakes. Examples include, but are
not limited to, Jacobs Engine Brake®, also known as "Jake Brake®" engine
retarder; Pacbrake® engine brake; Tec
Brake® engine brake; D-Celerator® diesel exhaust brake; and similar devices that
meet the definition. The provisions herein regarding engine braking
shall not apply where conventional vehicle brakes have failed resulting
in an emergency making necessary the use of engine braking, or by
emergency equipment being used for emergency purposes.
D. Notwithstanding the foregoing prohibitions, nothing in this section
shall be interpreted to prohibit public celebrations or entertainment
organized as part of a general celebration or holiday such as the
Fourth of July. This section shall also not be interpreted so as to
prohibit normal emergency warning devices such as police, ambulance
and fire sirens or other warning devices utilized in the interest
of maintaining public safety. This section shall also not be used
to prohibit the traditional ringing of church bells, whether they
be mechanical or electronic.
E. Persons convicted under this section shall be subject to a fine not
exceeding $500 or be imprisoned in the county jail for a period not
exceeding 90 days, or both.
[Added 11-22-2022 by Ord. No. 2022-12]
A. No person shall engage in the act of urination or defecation in or
upon any street, public place or quasi-public place within the Borough
of Woodstown.
B. Persons convicted under this section shall be subject to a fine not
exceeding $500 or be imprisoned in the county jail for a period not
exceeding 90 days, or both.