[HISTORY: Adopted by the Township Committee of the Township of Andover as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-30-1973 as § 6-2 of the 1973 Code]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of § 96-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this article. The enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Radios; televisions; phonographs. The playing, use or operation 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 neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m., so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Yelling; shouting, Yelling, shouting, hooting, whistling 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, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
Animals; birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 20 of this Code.
Horns. The sounding of a horn or warning device on an 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 on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.
Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between 8:00 p.m. and 7:00 a.m.
Schools; courts; churches; hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is in a school, hospital or court street.
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Township Committee for each occasion and each location:
Sound trucks shall not be operated in residential zones in the Township before 9:00 a.m. and after 7:00 p.m.
Sound trucks shall not be operated in commercial zones in the Township before 9:00 a.m. and after 9:00 p.m.
Moving sound trucks shall keep to the extreme right-hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
Stationary sound trucks are prohibited in all residential zones in the Township, but may be operated in commercial zones during the hours referred to above.
[Adopted 9-13-2010 by Ord. No. 2010-09]
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
- ENGINE BRAKING
- The use or operation of any mechanical exhaust device designed to aid in the braking, decompression, or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle.
- EMERGENCY SITUATION
- One in which there is imminent danger of a collision with property, persons, and/or animals and/or what is necessary for the health, safety, and welfare of the community.
- EXCESSIVELY LOUD
- Sound audible at a distance of 100 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this article.
It is unlawful for the driver of any motor vehicle to activate or use an internal-combustion-engine-powered vehicle on any posted public ways, including, but not limited to, streets, alleys, easements, or rights-of-way established for vehicle operation within the Township of Andover, while said vehicle or operator is utilizing an engine brake without an exhaust muffler sufficient to prevent the creation of excessively loud noises by said vehicle due to improperly maintained, defective, or modified muffler systems, except when the use of such engine brake is necessary in an emergency situation. This article is not intended to prohibit the passage of vehicles equipped with engine brakes in posted areas, but rather limit the use of such equipment in posted areas under the aforesaid circumstances.
The provisions of this article shall not be applicable in emergency situations as described herein:
Noise caused by the application of engine brakes, also known as "compression braking," which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this article.
Sounds created by emergency equipment for emergency purposes are also exempt.
The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine braking in a nonemergency situation.
Any person, firm, or corporation violating any provision of this article shall be mandated to a court appearance, fined not less than $50 nor more than $500, and required to pay court costs and fees for each offense.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.