Township of Medford, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY Adopted by the Township Council of the Township of Medford 4-20-1981 as Ord. No. 1981-13. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 105.
It shall be unlawful for any person, firm, partnership, association, corporation, company or other entity to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of Medford Township, including but not limited to the following acts:
A. 
Radios, television sets, phonographs, amplifiers and Musical Instruments. The playing, using or operating, or permitting to be played, used or operated, of any radio, television set, phonograph, musical instrument or amplifier for said devices, or any other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or the playing, using or operating, or permitting to be played, used or operated, of such devices at any time with a louder volume than is necessary for the convenient hearing of the person or persons who are in the room, dwelling or vehicle in which said machine or device is operated, is prohibited. The operation of any such radio, television set, phonograph or musical instrument or such other device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which said device is located shall be prima facie evidence of a violation of this section.
B. 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any public or private place in the township except as a danger warning or sounding of a warning signal required by emergency vehicles is prohibited.
C. 
Animals. Keeping or maintaining or permitting the keeping or maintaining of any animal or bird otherwise permitted to be kept, on any premises owned, occupied or controlled by such person, which by frequent or habitual howling, barking, squawking or other noise disturbs the peace, quiet and comfort of the neighborhood, is prohibited. For the purpose of this subsection, the phrase "frequent or habitual" shall mean at least two separate instances of the neighborhood peace, quiet and comfort being disturbed in one calendar week.
D. 
Exhaust. The discharge into the open air of the exhaust of any vehicle, engine or other similar device except through a muffler or other device which will effectively prevent loud or explosive noises therefrom is prohibited.
E. 
Yelling, shouting, screaming and disturbing the peace. Yelling, shouting, screaming, singly or in a group, except in the case of an emergency, on the public streets, roads, rights-of-way, fire trails, open space or other township property in such a manner as to disturb the peace, quiet and comfort of the neighborhood, is prohibited.
F. 
Construction or repairing of buildings. The erection (excluding excavating), demolition, alteration or repair of any building and/or the excavation and opening of any streets, roads or highways is permitted between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on Saturdays. These activities are specifically prohibited on Sundays. Where urgent necessity, in the interest of public health, safety and welfare, requires such activities to take place during hours other than those specifically permitted herein, or on Sundays, same may be accomplished, but only after a permit from the township's Construction Official has been secured. Said permit may be granted for a period not to exceed three days and only while the emergency continues. The permit may be renewed for periods of three days or less while the emergency continues. In addition, if the township's Code Enforcement Official determines that the public health, safety and welfare 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. during weekdays and between the hours of 6:00 p.m. Friday and 9:00 a.m. Saturday or after 5:00 p.m. on Saturday and before 7:00 a.m. Monday, and if he or she shall further determine that substantial loss or inconvenience would be suffered by any party if the ability to engage in such activities was denied, he or she may grant permission for such work to be done during hours otherwise prohibited herein upon application being made at the time the permit for said work is awarded or during the progress of the work.
[Added 11-9-2000 by Ord. No. 2000-30]
G. 
Occupant or owner of premises. Nothing in Subsection F above shall prevent the occupant or owner of the premises at any time from making or causing to be made repairs or improvements to, on or about the premises, provided that nothing herein shall be read to supersede or nullify any other provision of this chapter.
[Added 11-9-2000 by Ord. No. 2000-30]
H. 
Commercial pile drivers, jackhammers, heavy equipment operation. The operation of any commercial or industrial pile drivers, jackhammers, steam shovels, bulldozers or other earth moving machinery, derricks, steam or electric hoist or other appliances shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays. The operation of this equipment is prohibited on Sundays.
[Added 11-9-2000 by Ord. No. 2000-30]
Where the owner of the particular horn, radio, television set, loudspeaker, animal, exhaust or other noise-creating device is unable to be determined or located, it shall be presumed that the owner or tenant in possession or other person having control of property from where the noise emanated has caused said noise or permitted or suffered it to be caused, and the owner of said property shall be responsible for the violation in accordance with § 102-1 hereof.
The provisions of this chapter shall not apply to prohibit the playing by a band or orchestra incident to a civic or community function, either in a hall, building or in the open air, nor to prohibit the usual noises incident to civic or community-sponsored functions such as celebrations of public events, fireworks and parades.
Any person, firm, corporation or other entity convicted of a violation of this chapter or any section thereof shall be punished by a fine of not more than $500 or a term of imprisonment not to exceed 90 days, in the discretion of the sentencing court.