[HISTORY: Derived from Sec. 3-7 of the 1999
Code of the Township of Clinton. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private rights-of-way, surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
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]
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.
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.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological effect on humans.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
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.
As defined in the community Comprehensive Plan or Zoning
Ordinance,[1] those areas zoned primarily for residential purposes.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
I.Â
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)Â
Testing of emergency signaling devices and systems.
(a)Â
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.
(2)Â
Sounding or permitting the sounding of any exterior
burglar alarm unless such alarm is automatically terminated within
15 minutes of activation.
J.Â
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.Â
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:
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.Â
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.Â
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.
