[HISTORY: Adopted by the Board of Health
of the Township of Hampton 9-18-1963; amended in its entirety 3-17-2009 by Ord. No. 2009-06. Subsequent amendments noted where applicable.]
A code, defining and prohibiting certain matters,
things, conditions or acts, and each of them, as a nuisance; prohibiting
certain noises or sounds; requiring the proper heating of apartments;
prohibiting lease or rental of certain buildings; prohibiting spitting
in or upon public buildings, conveyances or sidewalks; authorizing
the inspection of premises by an enforcing official; providing for
the removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances;
and prescribing penalties for violations, is hereby established pursuant
to Chapter 188, Laws of 1950. A copy of said code is annexed hereto
and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this
chapter is described and commonly known as the "Public Health Nuisance
Code of New Jersey (1953)."
Section IV of the Public Health Nuisance Code
(1953), "Prohibition of Certain Noises or Sounds," as amended, is
amended to include the following:
4.2 Specific noise prohibitions.
A.
Unless exempted under the provisions of this section or Chapter 118 of the Code of Hampton Township, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, peace, comfort, safety or welfare of others within the Township of Hampton.
B.
The following specific acts are declared to be loud,
disturbing and unnecessary noises in violation of this section, but
said enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street, road or public place, except as a
warning pursuant to the provisions of N.J.S.A. 39:3-69; a whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
(2)
Radio and television sets, phonographs, etc. The use
of radio or television receiving sets, musical instruments, phonographs
or other machines or devices 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 with volume louder than is necessary for
convenient hearing for the person or persons who are in the room or
vehicle in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 10:00 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 section.
(3)
Loudspeakers and amplifiers for advertising. The use
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier 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.
(4)
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 persons residing in the vicinity.
(5)
Exhausts. The discharge into the open air of the exhaust
of any internal combustion engine except through an adequate muffler
or other device which will effectively prevent loud or explosive noises
therefrom. (See N.J.S.A. 39:3-70 for the state law regarding muffler
requirements on motor vehicles.) This includes, by way of example
and not by way of limitation, internal combustion engines powering
motor vehicles, lawn mowers and chain saws.
(6)
Loading and unloading. The creation of loud and excessive
noise in connection with the loading and unloading of any vehicle
or the opening or destruction of bales, boxes, crates and containers.
(7)
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or repair of any buildings,
other than between the hours of 7:00 a.m. and 6:00 p.m., except upon
urgent necessity in the interest of public health and safety and then
only with a permit from the Building Inspector, 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 a period of three days
or less while the emergency continues.
(8)
Blowers, fans and pumps. The use of any blower, fan
or pump, or engine or motor in connection therewith, including by
way of example and not by way of limitation air-conditioning systems,
compression devices and pool filter systems, if such use creates loud,
penetrating or continuous noises that disturb the comfort or repose
of persons residing in the vicinity.
(9)
Schools, courts, churches and hospitals. The creation
of any excessive noise adjacent to any school, institution of learning,
house of worship or judicial 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 on the adjacent
streets indicating that the same is a school, hospital, church or
court street. (Note: For state statute creating a disorderly persons
offense for disturbing schools, churches, libraries and other places
of assembly, see N.J.S.A. 2A:170-28.)
(10)
Hawkers and peddlers. The shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
(11)
Drums, bells and the like. The use of any drum,
bell, horn, loudspeaker or other instrument or device for the purpose
of attracting attention to any performance, show, sale or display
of merchandise by any creation of noise or sound.
(12)
Mobile loudspeakers. The use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(13)
Yelling, shouting and the like. Yelling, shouting,
hooting, whistling or singing on the public streets at any time or
place so as to annoy or disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel, motel or residence or of any persons
in the vicinity.
C.
Noises or sounds to be deemed a violation of this section do not have to exceed the noise limits as set forth in Chapter 118 of the Code of Hampton Township nor is a sound-measuring device reading necessary to prove a violation of this section.
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4.2-1 Exceptions.
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A.
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The prohibitions contained in this section shall
not apply to persons:
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(1)
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Who are engaged in the performance of any public
or governmental function, such as the sounding of a church or school
bell, or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm is for an actual emergency purpose
or for practice or drill purposes.
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(2)
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Who are engaged in a religious, charitable,
recreational, civic or political activity by means of a sound truck
or other amplifying device, for nonprofit purposes, provided that
such persons shall have fast filed with the Township Committee an
application for a permit setting forth the sponsorship, date, hours
and routes of such activity and the Committee shall have issued a
permit after having ascertained that such activity is not in conflict,
in terms of hours, route, traffic volume and like factors, with any
other previously scheduled activity.
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(3)
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Who are engaged in any activity specifically
permitted or required by any ordinance, resolution, statute or governmental
regulation.
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Three copies of the said Public Health Nuisance
Code of New Jersey (1953) have been placed on file in the office of
the Secretary of the Board of Health upon the introduction of this
chapter and will remain on file there for the use of and examination
by the public.
Any person who violates any provision of this
chapter or of the code adopted herein or notice issued pursuant thereto
shall, upon conviction thereof, be liable to a penalty as set forth
in § 114.1 of the Code of Hampton Township.
