No such building or plant shall be erected or established within a radius of 250 feet of any dwelling house, apartment house or other residence or within a radius of 250 feet of any church, theater or other place of public assemblage.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 11-8-2007 by Ord. No. 2007-19. Amendments noted where applicable.]
Any person, persons, partnership or corporation desiring to conduct any business in the Borough of Woodlynne shall make application, in writing, to the governing body of the Borough of Woodlynne, setting forth in said application the character of the building or plant intended to be constructed, the nature of the business to be operated, the kind, number and character of vehicles proposed to be used in conducting the business involved and the location of said plant or establishment and the location of all buildings within a radius of 250 feet thereof. Said application shall be mailed or delivered to the Clerk of the Borough of Woodlynne, together with an application fee of $5.
The Borough Clerk shall present the application to the governing body of the Borough of Woodlynne, who shall, after receiving said application, state the time and place, not exceeding 30 days from the receipt of said application, at which time and place said governing body will hold a public hearing on said application.
After the public hearing, the governing body shall grant or refuse said permit as it deems proper for the protection of life and property and the promotion of the public health, safety and welfare.
This article shall not apply to any plants, establishments or business places established in the municipality before the passage of this chapter.
Any person or persons, partnership or corporation violating any of the provisions of this article shall be subject to a fine not to exceed $1,000, imprisonment in the county jail not to exceed 90 days or a period of community service for not more than 90 days, or any combination thereof, in the discretion of the court. Each day that any of the provisions of this article shall be violated shall constitute a separate offense and shall be subject to be punished by a fine, imprisonment or community service, as above provided.
This chapter is passed in accordance with Chapter 245 of the Laws of 1944 (N.J.S.A. 40:52-1) and Chapter 152 of the Laws of 1917 (N.J.S.A. 40:48-2) and shall take effect after its publication and passage according to law.
It shall be unlawful for any person 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, peace or safety of others within the limits of the Borough.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive, namely:
A.
Radios, televisions, phonographs, tape decks, compact disks (CD), etc. 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 manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or people in the vicinity of such devices, at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or area in which such machine or device is operated. The operation of any such set, instrument, phonograph, machine or device at any time 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 article.
B.
Loudspeakers or amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, stereo, CD 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.
C.
Yelling, shouting, etc. Yelling, shouting 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 or in any dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
D.
Construction or repairing of buildings. The erection (including 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 case of urgent necessity in the interest of public health and safety and then only with a permit from the Borough Engineer, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Borough Engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. and if he shall further determine that no loss or inconvenience would result to any party or interest, he may grant permission for such work to be done within 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.
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 unreasonably interferes with the workings of such institution or which 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 by the creation of noise to any performance, show or sale.
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, the use of which is attended by loud or unusual noise.
I.
The discharging of any firearms, weapons or explosive devices of any type.
A.
Sound equipment prohibited. The use or operation of a sound truck, loudspeaker or amplifying system, either from a stationary position or from a moving vehicle, shall be unlawful within the Borough limits for any purpose other than that of a civic nature directly pertinent to activities within the Borough of Woodlynne or affecting the residents of this community. (Political activities at no time shall be considered under this article as civic in nature.)
B.
Permit necessary. Prior to the use of such sound equipment for the purposes specified, a permit shall be obtained from the Borough Clerk. Application forms for this purpose shall be furnished by the Borough Clerk and shall require the applicant to disclose:
(1)
The names and addresses of all persons and organizations for which such a permit is being sought.
(2)
The specific purpose of the application.
(3)
The number and type of equipment and vehicles to be used.
(4)
The projected hours and areas of the use of such equipment within the Borough.
(5)
The person or official who shall be in charge of and responsible for compliance with the terms of this article.
(6)
In detail, the specific nature of the civic activity to be advertised.
C.
Municipal emergency use. In addition to the allowance of sound devices for civic purposes, the municipality may utilize any device of this nature at any and all times that there may be a municipal emergency regardless of the provisions of this article.
D.
Prohibited hours. The hours of limitation for operation of sound devices shall be not before 9:00 a.m. or after 7:00 p.m. on any weekday and not at all on Sunday.
E.
Fee required. No fee shall be required for making the aforesaid application or for issuing the permit.
F.
Type of use prohibited. The use of the aforesaid sound devices shall at no time cause injury to the health of any person or persons, nor shall it be otherwise detrimental to the general welfare and dignity of the community, and the use thereof shall at all times be under the control of the governing body and of the Police Department as an agency thereof.
Parades may be permitted within Borough limits, provided that a permit is issued for the same. Application shall be made to the Borough 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 to 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 or building or in the open air.
Any person who shall violate this article shall, upon conviction thereof, pay a fine not exceeding $1,000, be imprisoned in the county jail for a term not exceeding 90 days or serve of a period of community service for not more than 90 days, or any combination thereof, for each offense, in the discretion of the court.