[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.
A.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
B.
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:
A.
The use of bells, chimes or sound amplifiers by churches
engaged in church activities.
B.
Activities of municipal departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings
under the permission or authority of municipal officials.
D.
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:
A.
Sound trucks shall not be operated in residential zones
in the Township before 9:00 a.m. and after 7:00 p.m.
B.
Sound trucks shall not be operated in commercial zones
in the Township before 9:00 a.m. and after 9:00 p.m.
C.
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.
D.
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.
E.
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.
