[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove 6-9-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Public peace and safety — See Ch. 74.
[Amended 2-28-2018 by Ord. No. 2018-1]
It shall be unlawful for a person or entity 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.
Specifically exempted hereunder is noise presumed not to be a nuisance
pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1, etc. The content
of this chapter resembles the municipal nuisance ordinance which was
reviewed and found to be enforceable by the New Jersey Superior Court,
Appellate Division, in State v. Clarksburg Inn, 275 N.J. Super. 624
(App. Div. 2005).
[Amended 2-28-2018 by Ord. No. 2018-1]
Without intending to limit the generality of § 69-1, the following acts are hereby declared to be examples of loud, disturbing, and unnecessary noise in violation of this section:
A.
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, particularly between the hours of 11:00 p.m. and 7:00
a.m., or at any time or place, 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 so that it is clearly audible at a distance of 100 yards
from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this section.
B.
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.
C.
Loading and unloading. No person shall create any loud or excessive
noise in connection with the loading or unloading of any vehicle or
the opening or destruction of bales, boxes, crates, or containers.
D.
Operation of motors and equipment. No person shall operate a truck
or other motor vehicle in the Township of Pittsgrove in such manner
or so constructed or loaded that it shall create or emit an unreasonably
loud or harsh sound disturbing the peace, quiet and comfort of the
citizens of the Township of Pittsgrove.
E.
Animals, birds. The keeping of animals or birds which by causing frequent or long-continued noise disturbs the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licenses in accordance with Chapter 40 of the Township Ordinances. This provision shall not apply to livestock.
F.
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
a warning of impending danger to persons driving other vehicles or
to person 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.
[Amended 2-28-2018 by Ord. No. 2018-1]
The provisions of this chapter shall be enforceable by a police
officer, employee of the Township, or any other individual so designated
by the Township Committee, as designated enforcement officers for
the purposes of enforcing this chapter. Any citizen may register a
complaint under this chapter with a police officer, the Township Administrator,
or Municipal Clerk of the Township.
[Added 12-14-1983; amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person, firm or corporation violating any
provisions of this chapter shall be subject, upon conviction, to one
or more of the following: imprisonment in the county jail for any
term not exceeding 90 days; or by a fine of no less than $100 and
not more than $2,000; or by a period of community service not exceeding
90 days.
