[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) 12-31-2001 by Ord. No. 2001-37 as § 3-6
of the 2001 Code). Amendments noted where applicable.]
It is hereby found and declared that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Township is a condition which has
existed for some time, and the extent and volume of such noises is
increasing.
B.
The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual
and unnatural in their time, place and use affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the Township.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and the peace and quiet of the Township and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine or device for the amplification of the human
voice, music or any other sounds. This shall not be construed as including
standard automobile radios when used and heard only by occupants of
the vehicles in which they are installed or warning devices on authorized
emergency vehicles or horns or other warning devices on other vehicles
used only for traffic safety purposes.
Any motor vehicle, horse-drawn vehicle or any other means
of conveyance whatsoever having mounted thereon or attached thereto
any sound-amplifying equipment.
It shall be unlawful for any person to make,
continue or cause to be made or continued and allowed unnecessary
or unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety or others
within the limits of the Township.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but these enumerations shall not be deemed to be exclusive.
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, street car
or other vehicle on any street or public place of the Township, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for any unnecessary and unreasonable period of time; also,
the use of any signaling device except one operated by hand or electricity;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up is prohibited.
B.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated any radio receiving set,
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 at any
time at louder volume than is necessary for convenient hearing for
the personal enjoyment of persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are voluntary
listeners thereto is prohibited. The operation of any such set, instrument,
phonograph, machine or device between the hours of 11:00 p.m. and
7:00 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 prima facie evidence of a violation of this chapter.
C.
Loudspeakers and 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 or other machine or device, whether producing or reproducing
sound, which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure, is prohibited.
D.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing in the public street, 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, is prohibited.
E.
Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler, except
to give notice of the time to begin or stop work or as a warning of
fire or danger or upon request of proper Township authorities, is
prohibited.
F.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom, is prohibited.
G.
Schools, courts, churches, hospitals and retirement
communities. The creation of any excessive noise on any street adjacent
to any school, institution of learning, church, retirement community
or municipal building while the same is in use, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institutions 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 municipal building, is prohibited.
H.
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale is prohibited.
I.
Miscellaneous night noises. 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; or the creation of any
other loud or raucous sound or noise between the hours of 11:00 p.m.
and 7:00 a.m. in proximity to any dwelling, residence or other inhabited
buildings is prohibited.
[Amended 11-17-2015 by Ord. No. 2015-24]
J.
All construction and demolition activity noise shall be restricted
to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and
8:00 a.m. to 4:00 p.m. on Saturdays and those holidays when construction
activity is not prohibited. All construction activity, including,
but not limited to, deliveries shall be prohibited on Sundays and
the following holidays: New Year's Day, Memorial Day, July Fourth,
Labor Day, Thanksgiving Day and Christmas Day.
[Added 11-17-2015 by Ord.
No. 2015-24; amended 4-9-2020 by Ord. No. 2020-5]
No person shall operate or cause to be operated
any sound truck, either for commercial or noncommercial purposes,
in the Township with sound-amplifying equipment in operation.
A.
Registration required. No person shall use or cause
to be used any sound-amplifying equipment for noncommercial purposes
in the Township before filing a registration statement with the Municipal
Clerk in writing. This registration statement shall be filed in duplicate
and state the following:
(1)
Name and address of applicant.
(2)
Name and address of person who owns the sound-amplifying
equipment.
(3)
Name and address of person having direct charge of
the sound-amplifying equipment.
(4)
The purpose for which the sound-amplifying equipment
will be used.
(5)
A statement identifying the place or premises on which
the sound-amplifying equipment will be used.
(6)
The proposed hours of operation of the sound-amplifying
equipment.
(7)
The number of days of proposed operation of such equipment.
(8)
A general description of the sound-amplifying equipment
which is to be used.
B.
Registration statement amendment. All persons using or causing to be used sound-amplifying equipment for noncommercial purposes shall amend any registration statement filed pursuant to Subsection A above within 48 hours after a change in the information therein furnished.
C.
Registration and identification. The Municipal Clerk shall return to each applicant under Subsection A above one copy of the registration statement duly certified by the Clerk as the correct copy of the application. The certified copy of the application shall be in the possession of any person operating the sound-amplifying equipment at all times while it is in operation, and the copy shall be promptly displayed and shown to any policeman of the Township upon request.
Noncommercial use of sound-amplifying equipment
shall be subject to the following regulations:
A.
The only sounds permitted are music or human speech.
B.
Operation is permitted for four hours each day, except
on Sundays and legal holidays when no operation shall be authorized.
The permitted four hours of operation shall be between the hours of
11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30
p.m. The sound-amplifying equipment shall not be operated within 100
yards of hospitals, schools, churches, retirement communities or municipal
buildings.
C.
The human speech and music amplified shall not be
profane, lewd, indecent or slanderous.
D.
The volume of sound shall be controlled so that it
will not be audible for a distance in excess of 100 feet from the
sound-amplifying equipment and so that the volume is not unreasonably
loud, raucous, jarring, disturbing or a nuisance to persons within
the area of audibility.
E.
No sound-amplifying equipment shall be operated with
in excess of 15 watts of power in the last stage of amplification.
The following uses of sound-amplification equipment
are hereby specifically excepted and excluded from the operation of
this chapter:
A.
Use of sound-amplification equipment by municipal
and county, state or federal government or agencies in connection
with any emergency or other governmental or educational function or
use of any program or activity sponsored by the governing body.
B.
Use of sound-amplification equipment by persons at
public parks in the Township, provided that such equipment is operated
in strict accordance with the rules and regulations of the Recreation
Commission of the Township.
C.
Use of sound-amplification equipment in enclosed buildings
where the sound is not audible at a distance of 50 feet from such
buildings.
