Borough of Woodstown, NJ Disorderly Conduct

[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]

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.

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.

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.

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.

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.

[1]

Editor's Note: Ordinance No. 2009-7 repealed former Section 52-2, Interference with police officers, containing Ordinance Nos. 495 and 602 and Section 52-3, Creating a nuisance while on the highway, containing Ordinance No. 480, and renumbered former Section 52-4, Excessive noise to be Section 52-2.