[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. VI, Sec. 6-2, of the 1971 Code. Amendments noted where applicable.]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Township.
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
Radios; televisions; phonographs. The using, operating or permitting to be played, used or operated 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 the neighboring inhabitants or with louder volume than is necessary for the convenient hearing of persons who are in the room, vehicle or chamber 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 11:00 p.m. and 8:00 a.m., in such manner as to be plainly 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 chapter.
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 so as to annoy or disturb 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 any animals or birds which, by causing frequent or long-continued noise, disturb 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 113, Animals.
Horns. The sounding of a horn or warning device on any 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 upon the street. No person shall sound a horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
Exhaust. 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 effectively prevents loud or explosive noises therefrom.
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Construction or repair. Excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m., except that with regard to construction, repair or alteration work by a homeowner in his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In the case of urgent necessity or in the interest of public health or safety, the Public Works Superintendent may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days. The emergency permit may grant permission for such work to be done between 8:00 p.m. and 7:00 a.m.
Schools; courts; churches; hospitals. The creation of excessive noise on any street adjacent to a school, institution of learning, church or court while the same is in use, or adjacent to a hospital which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such street indicating that it is a school, hospital or court street.
The above enumeration is intended only to give typical illustrations of prohibited noise and shall not be construed as exclusive.
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 the permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air.
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Police Chief 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.
For the purposes of this section, "residential zones" shall mean the zones so described on the Zoning Map of the Township and "commercial zones" shall mean and include all parts of the Township other than residential zones.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.