[HISTORY: Adopted by the Township Committee of the Township of Freehold
10-24-1966 (§ 6-2 of the Revised General Ordinances). Amendments
noted where applicable.]
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.
A.
Without intending to limit the generality of § 217-1, 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 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 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, 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.
(3)
Animals; birds. The keeping of 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 79, Article I, Dogs, of this Code.
(4)
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.
(5)
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.
(6)
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.
(7)
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 6:00 p.m., and 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 6:00 p.m. and 7:00 a.m.
(8)
Schools; courts; houses of worship; hospitals. The creation of
excessive noise on a street adjacent to a school, institution of learning,
house of worship 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 a school, hospital or court street.
[Amended 9-25-2007 by Ord. No. O-07-25]
B.
The above enumeration is intended 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 houses
of worship engaged in house of worship activities.
[Amended 9-25-2007 by Ord. No. O-07-25]
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 permission or authority of municipal officials.
D.
The playing by a band or orchestra in a hall or building
or in the open air, where duly authorized.
[Added 11-29-2005 by Ord. No. O-05-36]
A.
It shall be unlawful for the driver of any motor vehicle to use
or operate or cause to be used or operated, at any time and on any road within
the Township of Freehold, any mechanical exhaust or decompression device also
known as “engine braking”. “Engine braking,” as used
herein, shall mean 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 loud or unusual noise from such vehicle and shall include
engine compression brakes.
C.
Posting of signs. The Township is hereby authorized to post at
reasonable locations within the Township signs indicating the prohibition
of engine braking.
