[Amended 11-16-2004 by Ord. No. 04-35]
A. 
It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to make or cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or her or it or upon any public street, alley or thoroughfare in the Township of Pohatcong, any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to the comfort of any person or which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace, repose and comfort of the inhabitants of said Township or any member thereof.
B. 
The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 206-4A, but the enumeration shall not be deemed to be exclusive:
(1) 
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device.
(2) 
Loudspeakers and public-address systems. Using or operating of any loudspeaker, public-address system or other sound amplification device between the hours of 9:00 p.m. and 8:00 a.m. the following day.
(3) 
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes, unless provoked.
(4) 
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 9:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 9:00 p.m. and 9:00 a.m. the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line.
(5) 
Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 350 feet of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(6) 
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or on weekends and legal holidays between the hours of 6:00 p.m. and 9:00 a.m.
(7) 
Between 10:00 p.m. and 7:00 a.m. the warming up or idling of buses, trucks or tractors and the unnecessary or unreasonable or repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles within 350 feet of a residential area.
(8) 
Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
(9) 
Operating any off-road recreational vehicle, lawnmower, snowblower, weed trimmer or other similar noise-emitting equipment and vehicles after 9:00 p.m. so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
C. 
The provisions of this article shall not be applicable to the following:
(1) 
Agricultural activities protected under the Right to Farm Act.
(2) 
Emergency work.
(3) 
Emission of sounds for the purpose of alerting persons to the existence of an emergency.
(4) 
Municipally undertaken, sponsored or approved activities, celebrations and events, including but not limited to, public works projects, police and fire operations and drills and sports and recreation games and activities.
(5) 
Public service utility companies.
No person shall conduct any parade without first having obtained a permit to conduct the same as herein set forth. For purposes of this section, a "parade" shall be defined as any group of natural persons, exceeding 15, organized for any purpose, who use or are in possession of any sound-producing or amplification device.
A. 
Permits for the use of sound-producing or amplification devices on a public street or public place or for a parade may be obtained by making an application therefor in writing to the Township Clerk. Said application shall include:
(1) 
The name, address and telephone number of the person making application.
(2) 
The purpose thereof.
(3) 
The date or dates on which such use is requested and the hours thereof.
(4) 
The person responsible for compliance with the terms of any permit.
(5) 
The type of sound-producing or amplification device to be used.
(6) 
The location of such use.
(7) 
If a parade, the number of persons expected to be involved.
B. 
Upon receipt of the application, the Township Clerk shall transmit the application to the Chief of Police for investigation. If the Chief of Police determines that such use will not be inimical to the peace and quiet of the Township, he shall so advise the Township Clerk, who shall forthwith issue the permit. If the Chief of Police shall indicate, in his approval of the application, that conditions be attached as to volume, time of day, location or type of sound employed, the same shall be noted in the permit.
C. 
The Chief of Police shall not unduly withhold permission for the issuance of a permit hereunder, but shall, if he declines to recommend issuance of a permit, state his reasons therefor in writing, which reasons shall be provided to the applicant.
D. 
Any person who, after receiving a permit hereunder with conditions, shall violate the conditions thereof shall commit a separate offense.
A. 
The provisions of this article shall not apply to:
(1) 
The use by any fire, emergency or police vehicle of a siren or other warning device while in the performance of any duty.
(2) 
The use of yard-maintenance or gardening equipment by any person, so long as the same is used at a reasonable hour of the day.
(3) 
Normal highway and railroad noises.
(4) 
Normal farming operations.
(5) 
Normal construction noises, provided that the same are produced at a reasonable hour of the day.
(6) 
Neighborhood noises which are neither so directed at an individual as to constitute harassment nor at such an hour of the day as to be unreasonable nor of such nature as to be offensive to a person of ordinary sensibilities.
B. 
The foregoing exceptions shall be deemed to be affirmative defenses, to be proved by a person charged with a violation of this article. In all cases, proof of an exception hereto shall be by a fair preponderance of the evidence.