[1991 Code § 147-1; Ord. No. 2020-13]
A.
Excessive noise is a serious hazard to the public health, safety
and welfare, and to the quality of life of the residents of the Borough
of Hightstown and is hereby declared to be a public nuisance. The
residents of the Borough of Hightstown have a right to and should
be insured an environment free from excessive sound. The following
regulations are enacted to prevent excessive sound that may jeopardize
the health, safety or welfare of the Borough's residents or degrade
their quality of life.
B.
In that regard, no person shall permit, make or continue or cause
to be permitted, made or continued any loud, disturbing or unnecessary
noise which annoys, injures, endangers or disturbs the comfort, rest
and repose, or the peace, or the health or safety of any person being
in his or her place of abode or at any public or private meeting or
at church services or make, cause or permit to be made or caused upon
any premises owned, occupied or controlled by him or her or in any
public place or upon any public street, alley or thoroughfare in the
Borough any unnecessary noises or sounds by means of the human voice
or by any other means or methods which are physically annoying to
persons or which are so harsh or prolonged or unnatural or unusual
in their use, time and place as to occasion physical discomfort or
which are injurious to the lives, health, peace and comfort of the
inhabitants of the Borough or any number thereof. Such conduct shall
be deemed a nuisance.
[1991 Code § 147-2; Ord. No. 2020-13]
No person shall play, use, operate or permit to be played, used
or operated any radio receiving set, musical instrument, phonograph
or other machine or device for the production or reproduction of sound
with louder volume than is necessary for convenient hearing of the
person so playing, using or operating such instrument or device and
persons who are voluntary listeners thereto or in such manner as to
disturb the peace, quiet and comfort of neighboring inhabitants. The
operation of any radio receiving set, musical instrument, phonograph
or other machine or sound amplifying device for the production or
reproduction of sound between the hours of 10:00 p.m. and 11:00 a.m.
in such a manner as to be plainly audible at a distance of 50 feet
from the building, structure or vehicle in which it is located shall
be evidence of a violation of this article. Any such conduct shall
be deemed a nuisance. Nothing herein contained shall be construed
to prohibit playing by a band or orchestra in a hall, building or
in the open air when sponsored by the Borough or an appropriately
permitted special event. Downtown businesses who provide such music
on their property as entertainment for their customers and have hours
extending past 10:00 p.m. shall be permitted to continue the entertainment
until 11:00 p.m.
[1991 Code § 147-3; Ord. No. 2020-13]
No person shall, for advertising purposes or for the purpose
of attracting the attention of the passing public, play, use, operate
or permit to be played, used or operated any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound on the
streets or public places of the Borough or in any place where the
sound is cast directly upon the streets or public places or which
is so placed and operated that the sound can be heard to the annoyance
or inconvenience of travelers upon any street or public place or of
persons in neighboring premises. Such conduct shall be deemed a nuisance.
[1991 Code § 147-4; Ord. No. 2020-13]
No person shall play, use or operate for advertising purposes
or for any other purpose whatsoever in public places or in or upon
the public streets, alleys or thoroughfares in the Borough any device
known as a "sound truck," "loudspeaker" or "sound amplifier" or radio
or phonograph with a loudspeaker or sound amplifier or any other instrument
known as a "calliope" or any instrument of any kind or character which
emits therefrom loud and raucous noises and is attached to and upon
any vehicle operating or standing upon the streets or public places
aforementioned. Such conduct shall be deemed a nuisance.
[1991 Code § 147-5; Ord. No. 2020-13]
No person shall sound any horn or warning device on any 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 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
purpose or period of time. Such conduct shall be deemed a nuisance.
[Ord. No. 2020-13]
[Ord. No. 2020-13]
No person shall operate or use any power lawnmower, leaf blower,
power tool, chain saw, snow blower or like item between the hours
of 9:00 p.m. and 7:00 a.m., Mondays through Saturdays, and 9:00 p.m.
and 9:00 a.m. on Sundays; except that the use of same shall not be
prohibited during these times when used in response to an emergency,
such as to clear a walkway or street from snow, fallen branches or
trees following a storm or other natural disaster. Use of any lawnmower,
leaf blower, power tool, chain saw, snow blower or like item within
these hours that does not meet the emergency exemption shall be evidence
of a violation of this article. Any such conduct which does not meet
the exceptions noted herein shall be deemed a nuisance.
[Ord. No. 2020-13]
No person shall yell, shout, hoot, whistle, sing or cause unnecessary
vocal noises in the public street, particularly between the hours
of 10:00 p.m. and 10:00 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, or in any other type of residence, or of any persons
in the vicinity. Such conduct shall be deemed a nuisance.
[Ord. No. 2020-13]
All construction and demolition activity noise shall be restricted
to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and
8:00 a.m. to 5:00 p.m. on Saturdays and those holidays when construction
activity is not prohibited. All construction activity including but
not limited to deliveries for same, shall be prohibited on Sundays
and the following holidays: New Year's Day, Memorial Day, July Fourth,
Labor Day, Thanksgiving Day and Christmas Day.
A.
The provisions of this section shall not apply to interior or exterior
repairs or to interior alterations, the work for which is actually
performed personally by a homeowner or other occupant or tenant between
the hours of 8:00 a.m. and 10:00 p.m., provided, that the work shall
be done without undue noise or disturbance of the peace and quiet
of the nearby residences or of the neighborhood.
B.
The provisions of this section shall not apply in cases of emergency
or urgent necessity in the interest of public health and safety.
C.
Any such conduct which does not meet the exceptions noted herein
shall be deemed a nuisance.
[Ord. No. 2020-13]
The warming up of diesel motors or motor vehicles; creation
of loud or excessive noise in connection with the loading or unloading
of any vehicle; the emptying of dumpsters; or the creation of any
other loud or raucous sound or noise between the hours of 10:00 p.m.
and 7:00 a.m. in proximity to any dwelling, residence or other inhabited
buildings is prohibited. Such conduct shall be deemed a nuisance.
[Ord. No. 2020-13]
Violations in this article are enforceable by the Hightstown
Police Department, Zoning Official and Housing Inspector for the purpose
of enforcement and issuing violations.
[Ord. No. 2020-13]
The hours referenced in this article shall refer to current
prevailing time, i.e., either Eastern Standard Time or Eastern Daylight
Savings Time, depending upon the time of year.
[Ord. No. 2020-13]
B.
Separate Violations. Except as otherwise provided, each and every
day in which a violation of any provision of this article exists shall
constitute a separate violation.
C.
Any violation of this article is hereby declared to be a nuisance.
In addition to any other relief provided by this article, the Borough,
through the Borough Attorney, may apply to the Superior Court for
an injunction to prohibit the continuation or repetition of any violation
of this article.
