[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Art. III of Ch. 166 of the 1979 Code. Amendments noted where applicable.]
It is hereby declared to be a nuisance, and it shall be unlawful, for any person to make or cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or her or upon any public street, alley or thoroughfare in the Township 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 so 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 Township or any number thereof.
It shall be unlawful for any person to play, use or operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air.
It shall be unlawful for any person, for advertising purposes or for the purpose of attracting the attention of the passing public, to play, use or operate or permit to be played, used or operated any radio receiving set, television 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 Township or in any place where the sound therefrom is cast directly upon the streets or public places or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises.
It shall be unlawful for any person to play, use or operate for advertising purposes or for any other purpose whatsoever, on or upon the public streets, alleys or thoroughfares in the Township, 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 said streets or public places aforementioned.
Between the hours of 7:00 p.m. and 7:00 a.m., prevailing time, it shall be unlawful for any person to sound any horn or signal device on any vehicle at any street intersection within the Township where there is a traffic light signal, except in the case of an emergency, or for a railroad company to sound any horn or whistle between such hours at any railroad grade crossing within the Township where there are crossing gates.
[Added 12-13-1994 by Ord. No. 94-43]
Purpose and intent. The Township of Montclair hereby finds that unlimited use of leafblowers powered by internal combustion engines impairs the economic and social welfare, health, peace and quality of life of persons residing in Montclair. The purpose of this section is to minimize the adverse impact of such equipment by restricting its use within the Township.
Hours of use. Leafblowers powered by internal combustion engines shall not be operated in the Township of Montclair except as follows:
On weekdays between 8:00 a.m. and 6:00 p.m., except that leafblowers may be used by an occupant or owner of the premises between 8:00 a.m. and 8:00 p.m. on weekdays.
On Saturdays between 9:00 a.m. and 6:00 p.m., except that leafblowers may be used by an occupant or owner of the premises between 9:00 a.m. and 8:00 p.m.
On Sundays and the following holidays, between 10:00 a.m. and 5:00 p.m.: Good Friday and Thanksgiving.
Limitation on use of leafblowers. The operation of leafblowers shall be limited in each calendar year to the time period between March 1 and June 30, inclusive, and between October 1 and December 15, inclusive. The Emergency Management Coordinator shall have the authority to extend or modify such dates when extreme or unusual weather conditions warrant.
[Amended 2-28-1995 by Ord. No. 95-6; 5-9-1995 by Ord. No. 95-20; 2-1-2000 by Ord. No. 00-02]
Mufflers. It shall be a violation hereof to operate any leafblower powered by an internal combustion engine in the Township of Montclair without a properly functioning muffler.
Responsibilities of property owners, business operators, landlords and tenants. Property owners, business operators, landlords and tenants of a property shall each have all the duties and responsibilities prescribed in this chapter, and no property owner, business operator, landlord or tenant shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
Emergencies. The Emergency Management Coordinator is authorized to suspend any one or more of the provisions of this section for a period of 24 hours or more whenever such Coordinator determines that an emergency situation exists in the Township. Such suspension may be renewed each day during the continuance of such emergency.
[Added 3-18-2003 by Ord. No. 03-17]
The erection (including excavating), demolition, alteration or repair of any building. No construction activities shall take place at any time other than the following: On weekdays (Monday through Friday) between the hours of 7:00 a.m. and 6:00 p.m. (including set up at the site), and on Saturday and Sunday from 9:00 a.m. to 4:00 p.m.
Homeowner. Construction activities by a property owner on his own property, provided that such construction activity is not carried on for profit or livelihood and is not performed by a paid contractor, may be carried on any day between the hours of 7:00 a.m. and 9:00 p.m., provided that the same shall be done without undue noise or disturbance and shall not cause a nuisance or disturb the peace and quiet of the neighborhood.
Necessity. Notwithstanding the foregoing, said construction activities or repairs may occur at other times only in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Construction Official, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Construction Official should determine that the public health and safety will not be impaired by the erection, demolition or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m. and if he shall further determine that loss or inconvenience would result to any party or interest, including the Township of Montclair, he may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon applications being made at the time the permit for the work is awarded or during the progress of the work.
Emergencies. The Emergency Management Coordinator is authorized to suspend any one or more of the provisions of this section for a period of 24 hours or more whenever such Coordinator determines that an emergency situation exists, or in the interest of public health or safety, in the Township. Such suspension may be renewed each day during the continuance of such emergency.
Enforcement. The foregoing shall be enforced by the Police Department.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.