[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.
[1]
Editor's Note: Former § 217-6, Internal combustion
leafblowers, was repealed 8-15-2023 by Ord. No. O-23-31.
[Added 3-18-2003 by Ord. No. 03-17[1]]
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.
A.
Exceptions.
(1)
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.
(2)
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.
B.
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.
C.
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; 2-16-2021 by Ord. No. O-21-01]
A.
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.
