[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as Ch. 8.20 of the 2003 Municipal Code. Amendments noted
where applicable.]
It is unlawful for any person to make, continue or cause to
be made or continued any loud, unnecessary or unusual noise or any
noise which endangers the health, safety or welfare of the Township,
or which annoys, disturbs, injures, or endangers, the comfort, repose,
health, peace, or safety of others within the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following nuisances, among others, are declared to be loud,
unnecessary, disturbing, and a danger to the health, safety, and welfare
of the Township and its people, in violation of this chapter, but
the enumeration shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc.
The sounding of any horn or signaling device on any automobile, motorcycle,
street car, bus or other vehicle in the Township except as a danger
warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding of any such device
for an unnecessary and unreasonable period of time; the use of any
horn, whistle or other device operated by engine, exhaust or by compressed
air or gas or by vacuum, and the use of any such signaling device
when traffic is for any reason held up.
B.
Radios, televisions, phonographs,
tape recorders, etc. The using, operating or permitting to be played,
used or operated, either indoors, or outdoors, of any radio receiving
set, television receiver, musical instrument, phonograph, tape recorder
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 the
neighboring inhabitants or at any other time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle, chamber or premises in which such machine
or device is operated and who are voluntary listeners thereto.
C.
Loud speakers, amplifiers. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder, or other machine or device for the producing or reproducing of sound which is cast upon the public streets in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, for the purpose of commercial advertising or for any other purpose, except as authorized by Township authorities in connection with law enforcement or public emergencies; provided, that such devices may be employed in connection with nonprofit charitable, educational, civic, political, religious or recreational activities in accordance with § 322-3.
D.
Noisy utterances. Yelling, shouting,
whistling, singing, or conducting unnecessarily loud or annoying vocal
utterances at any time or place so as unreasonably to annoy, or disturb,
the quiet, comfort, or repose of any person in any residence, hospital,
school, place of business, street, or public place.
E.
Animals, birds, etc. The keeping
of any animal or bird which by causing frequent or long-continued
noise shall disturb the comfort or repose of any person in the vicinity.
F.
Nonvehicular whistles, horns and
other signaling devices. The sounding of any whistle, horn and other
signaling device except to give notice of the time to begin or stop
work or a warning of fire or danger, or upon request of proper Township
authorities, or as may be required by general law or ordinance.
G.
Exhausts. The discharge into the
open air of the exhaust of any steam engine, stationary jet or internal
combustion engine, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
H.
Vehicles and their loads. The
use of any automobile, motorcycle, truck, or vehicle so out of repair,
so loaded, or operated in such a manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
I.
Construction work. The excavation,
grading, paving, erection, demolition, alteration, or repair of any
premises, street, building or structure at any time on Sundays, or
other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays
or between the hours of 7:00 a.m. and 6:00 p.m. on all other days,
except in case of urgent necessity in the interest of public health
and safety. The provisions of this subsection shall not apply to interior
or exterior repairs or to interim alterations, the work for which
is actually performed by a homeowner or occupant, personally between
the hours of 8:00 a.m. and 10:00 p.m., upon residential premises that
are owned by such homeowner or that are occupied by such occupant,
provided the work shall be done without undue noise or disturbance
of the peace and quiet of the neighborhood.
J.
Loading, unloading, opening boxes.
The creation of loud and excessive noise in connection with the loading
or unloading of any vehicle or the opening or destruction of bales,
boxes, crates, and containers.
K.
Refuse collection. The collection,
transportation or disposal of garbage, trash, cans, bottles, and other
refuse by persons engaged in the business of scavenging or garbage
collection, whether private or municipal at any time on Sundays, or
other than between the hours of 6:00 a.m. and 7:00 p.m. on all other
days, except in case of urgent necessity in the interest of public
health and safety.
L.
Schools, courts, churches, and
hospitals. The creation of any excessive noise on any street or property
adjacent to any school, institution of learning, church, or court
while the same are in use, or adjacent to any hospital which unreasonably
interferes with the working of such institutions, or which disturbs
or unduly annoys patients in the hospital.
M.
Drums. The use of any drum or
other instrument or device for the purpose of attracting attention
to any performance, show or sale.
N.
Hawkers, peddlers. The shouting
and crying of peddlers, hawkers, and vendors which disturbs the peace
and quiet of the neighborhood.
O.
Commercial transport. The causing,
permitting or continuing of any excessive, unnecessary and avoidable
noise in the operation of railroad cars, locomotives, buses, and trucks.
P.
Blowers. The operation of any
noise-creating blower or power fan or any internal combustion engine,
the operation of which causes noise due to the explosion of operating
gases or fluids, unless the noise from such blower or fan is adequately
muffled and such engine is equipped with a muffler device sufficient
to deaden such noises.
Q.
Lawn mowers, chain saws. The operation
or use of any power lawn mower or chain saw between the hours of 10:00
p.m. and 8:00 a.m.
R.
Miscellaneous night noises. Any
of the following activities, when occurring in close proximity to
residences between 11:00 p.m. and 7:00 a.m.: the warming up or idling
of buses, trucks, or tractors, and the unnecessary and repeated idling,
acceleration and deceleration or starting and stopping of automobiles
and motorcycles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township Committee may, by resolution, relax strict compliance
with the provisions of this chapter for a limited period of time if
the Township Committee finds that the activities will not unduly or
unnecessarily annoy, disturb, injure or endanger the comfort, repose,
health, peace, or safety of others, that the activities will not violate
any other ordinance or law or create a public nuisance, and that the
public health and safety will not be endangered and that activities
are of limited duration. In the case of construction, the resolution
of the Township Committee may grant permission to work within the
prohibited hours for a limited time period if it determines that the
public health and safety will not be impaired by such work within
the prohibited hours.[1]
Nothing in this chapter shall be construed to apply to church
bells or chimes, or to the playing of bands or orchestras in a hall
or building in a manner which will not annoy the peace, comfort and
quiet of the neighboring inhabitants, or to municipal, county, state,
or federal government agencies in connection with any emergency, or
to normal working activities of or activities sponsored by the Township
Committee, or to warning devices on authorized emergency vehicles,
or to horns or other warning devices on other vehicles used only for
traffic safety purposes.[1]
The provisions of this chapter are not intended to be exclusive
or to supersede any other remedies provided by law or ordinance.
