Township of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 3-7 of the 1999 Code of the Township of Clinton. Amendments noted where applicable.]
GENERAL REFERENCES
Barking dogs — See Ch. 63, Art. I.
Public health nuisances — See Ch. 181.
Peace and good order — See Ch. 201.
As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, surfaces or similar property.
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way, surfaces or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
ENGINE BRAKING
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 the excessive, loud, unusual or explosive noise from such vehicle.
[Added 3-12-2008 by Ord. No. 954-08]
MOTORCYCLE
As defined in the motor vehicle code of the state, an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.
MOTOR VEHICLE
As defined in the motor vehicle code of the state; any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER or SOUND-DISSIPATIVE DEVICE
A device for abating the sound of escaping gases of an internal combustion engine.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological effect on humans.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state or federal agency net associated with national defense.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designated to carry persons, including but not limited to any model airplane, boat, car or rocket.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY
Any imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
RESIDENTIAL AREA
As defined in the community Comprehensive Plan or Zoning Ordinance,[1] those areas zoned primarily for residential purposes.
[1]
Editor's Note: See Ch. 165, Land Use Regulations.
The following acts and the causing thereof are declared to be in violation of this chapter:
A. 
Radios, televisions, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary, except for activities open to the public and for which a permit has been issued by the appropriate authority.
B. 
Loudspeakers and public address systems. Using or operating for any purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance across a residential real property boundary.
C. 
Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the Township of Clinton, County of Hunterdon, except by permit issued by the appropriate authority or except between the hours of 9:00 a.m. and 6:00 p.m.
D. 
Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sound which create a noise disturbance across a residential real property boundary.
E. 
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary.
F. 
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work except in cases of emergency between the hours of 7:00 p.m. and 6:30 a.m. the following day on weekdays, Saturdays or at any time on Sundays, such that the sound therefrom creates a noise disturbance across a residential real property. This subsection shall not apply to the use of domestic power tools subject to § 178-3.
G. 
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space between the hours of 8:00 p.m. and 8:00 a.m. the following day.
H. 
Stationary nonemergency signaling devices. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than three minutes in any hourly period.
(1) 
Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.
(2) 
Sound sources covered by this provision and not exempted under Subsection H(1) shall be exempted by the Board of Health.
I. 
Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection I(1).
(1) 
Testing of emergency signaling devices and systems.
(a) 
Testing of stationary emergency signaling device shall occur at the same time of day each time such a test is performed but not before 8:00 a.m. or after 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 10 seconds.
(b) 
Testing of the complete emergency signaling system, including the functioning of the signaling device, shall not occur before 8:00 a.m. or after 8:00 p.m. The time limit specified in Subsection I(1)(a) shall not apply to such complete system testing.
(2) 
Sounding or permitting the sounding of any exterior burglar alarm unless such alarm is automatically terminated within 15 minutes of activation.
J. 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
K. 
It shall be unlawful for the operator of any motor vehicle to use or operate or cause to be used or operated, at any time on any road within the Township, any mechanical exhaust or decompression system which results in the practice of engine braking.
[Added 3-12-2008 by Ord. No. 954-08]
The provisions of this chapter shall not apply to:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency;
B. 
The emission of sound in the performance of emergency work; or
C. 
Agricultural operations.
D. 
The specific prohibition set forth in Subsection K of § 178-2 shall not apply to engine braking where necessary for the protection of persons and/or property which cannot be reasonably avoided by the application of an alternative braking system.
[Added 3-12-2008 by Ord. No. 954-08]
No person shall operate or permit the operation of any motor vehicle with a gross weight rating in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle for a period longer than 10 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet of a residential area, between the hours of 10:00 p.m. and 7:00 a.m. the following day.
A. 
No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound-dissipative device in good working order and in constant operation.
B. 
No person shall remove or render inoperative; or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound-dissipative device on a motor vehicle or motorcycle.
No person shall operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse, between the hours of 8:00 p.m. and 6:00 a.m. the following day in a residential area.
A. 
Any person who willfully or knowingly violates any provision of this chapter shall be fined for each offense a sum not less than $100 and not more than $500.
B. 
Each day of violation of any provisions of this chapter shall constitute a separate offense.