[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-16-1991 by Ord. No. 1991-17. Amendments noted
where applicable.]
It is the legislative intent of the governing
body of the Township of Lumberton to protect the public health and
safety, both physical and psychological, of the residents of the Township
of Lumberton. Accordingly, loud, unnecessary or unusual noise is deemed
to be contrary to the public health, welfare and safety of the citizens
of the Township and is contrary to the public policy of the Township's
governing body.
It shall be unlawful for any person or persons
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 or safety of others within
the limits of the Township of Lumberton.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but setting forth an enumeration shall not be deemed to be
exclusive:
A.
Radios, televisions, stereo systems or amplifiers:
the using, operation or permitting to be played, used or operated
of any radio receiving set, television, musical instrument, stereo
system or amplifier or other machine or device for the production
or reproduction of sound in such a manner as to disturb the peace,
quiet and comfort of the neighborhood inhabitants or at any time with
louder volume than is necessary for convenient hearing for the person
or persons who are in the room, vehicle or chamber in which such machine
or device is operated and who are voluntary listeners thereto. The
operation of any such set, instrument, stereo system or amplifier
or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner
as to be plainly audible at a distance of 25 feet from the building,
structure or vehicle in which such sounds are emanating shall be prima
facie evidence of a violation of this chapter.
B.
Loudspeakers, amplifiers for advertising: the using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, stereo system, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is out upon the public street for the purpose of commercial
advertising or for any other purpose.
C.
Yelling, shouting, etc.: 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 so as to
annoy or disturb the quiet, comfort or repose of persons in any office,
store or other commercial establishment, dwelling, apartment or other
type of residence or of any persons in the vicinity.
D.
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,
except 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. 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, same may be accomplished, but only after a permit
from the Township's Construction Official/Building Inspector 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 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 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. Nothing in this subsection shall prevent
the occupant or owner of the premises at any time from making or causing
to be made minor repairs or improvements to, on or about the premises,
provided that the same shall be done without undue noise or disturbance
and shall not cause a nuisance or disturb the peace and quiet of the
neighborhood.
[Amended 9-7-1999 by Ord. No. 1999-14]
E.
Schools, courts, churches and hospitals: the creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use, or adjacent
to any hospital, which excessive noise is unreasonable and interferes
with the workings of such institution or disturbs or unduly annoys
patients in the hospital, provided that conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or
court street.
F.
Drums: the use of any drum or other instrument or
device for the purpose of attracting attention to any performance,
show or sale by the creation of noise.
G.
Hawkers and peddlers: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
H.
Pile drivers, hammers, heavy equipment operation:
the operation of any pile drivers, power guns, hammering, 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
am. and 5:00 p.m. on Saturdays.
[Amended 9-7-1999 by Ord. No. 1999-14]
I.
Parties and other social gatherings at residences:
any party, social gathering or group of persons at any residence in
the Township of Lumberton which, either by way of a sound system or
by loud voices or other noises, disturbs the quiet, comfort or repose
of any person or persons in any dwelling, apartment or other type
of residence or of any persons in the vicinity. It shall be the responsibility
of the owner, lessee or person in control of said residence or place
of gathering to control said persons or groups of persons attending
such gatherings to prevent said disturbance.
J.
Musical instruments: the use of any musical instrument,
whether for private pleasure or public entertainment, in any dwelling,
apartment or commercial establishment with such volume as to disturb
the quiet, comfort or repose of any person or persons in any adjacent
dwelling, apartment or other type of residence or of any persons in
the vicinity.
K.
Engine braking.
[Added 4-4-2005 by Ord. No. 2005-11]
(1)
Prohibition. It shall be unlawful for the driver of
any motor vehicle to use or operate or cause to be used or operated,
at any time and on any road within the Township of Lumberton, any
mechanical exhaust or decompression device which results in the practice
known as "engine braking."
(2)
Definition. "Engine braking" shall mean the use or
operation of any mechanical exhaust device designed to aid in the
breaking, decompression or deceleration of a motor vehicle, which
results in the excessive, loud, unusual or explosive noise from such
vehicle in excess of state or federal noise standards for said vehicles.
(3)
Exceptions.
(a)
The provisions of this subsection shall not
apply to the application of unmuffled compression brakes where necessary
for the protection of persons and/or property, which cannot be avoided
by application of an alternative braking system. Noise caused by the
application of engine compression brakes, otherwise known as "engine
braking," which is effectively muffled, or if the application is necessary
for the health, safety and welfare of the community shall be exempt
from the provisions of this subsection.
(b)
Sounds created by emergency equipment for emergency
purposes shall also be exempt.
(4)
Post of signs. The Township is hereby authorized to
post at reasonable locations with the Township signs indicating the
prohibition of engine braking.
A.
Sound equipment prohibited. The use or operation of
a sound truck, loudspeaker or amplifying system, either from a stationary
position or from a moving vehicle, shall be unlawful within the Township
limits for any purpose other than that of a civic nature directly
pertinent to activities within the Township of Lumberton or affecting
the residents of the Township. Political activities shall be considered
as civic in nature under this chapter.
B.
Permit necessary. Prior to the use of such sound equipment
for the purposes specified, a permit shall be obtained from the Township
Clerk/Administrator. Application forms for this purpose shall be furnished
by the Clerk/Administrator and shall require the applicant to disclose:
(1)
The name and address of all persons and organizations
for which such a permit is being sought:
(2)
The specific purpose of the application;
(3)
The number and type of equipment and vehicles to be
used;
(4)
The projected hours and area of the use of such equipment
within the Township;
(5)
The person or official who shall be in charge of any
such activity and who has responsibility for compliance with the terms
of this chapter; and
(6)
In detail, the specific nature of the civic activity
to be advertised.
C.
Municipal emergency use. In addition to the allowance
of sound devices for civic purposes, the municipality may authorize
any device of this nature at any and all times that there may be a
municipal emergency, regardless of the provisions of this chapter.
D.
Prohibited hours. The hours of limitation for the
operation of sound devices shall be not before 9:00 a.m. or after
7:00 p.m. on any weekday and not at all on Sunday, except for those
devices hereinabove mentioned and which apply for emergency use.
E.
Fee. No fee shall be required for making the aforesaid
application or for the issuance of a permit.
F.
Type of use prohibited. The use of the aforesaid sound
devices shall at no time cause injury to the health of a person or
persons nor otherwise be detrimental to the general welfare and dignity
of the community, and the use thereof shall at all times be under
the control of the governing body and of the Police Department as
an agency thereof.
Parades may be permitted within the Township
limits, provided that a permit is issued for the same. Application
shall be made to the Township Clerk/ Administrator, who in turn will
refer the same to the Chief of Police for investigation. The application
must be made a minimum of 10 days prior to the parade, which application
shall indicate the time, approximate number of people in the parade,
desired route and the purpose of the parade. The Chief of Police shall
have the right to reroute said parade if, in his opinion, it is apt
to interfere with the free flow of vehicular traffic or to create
a danger to life, limb or property.
Nothing herein contained shall be construed
to apply to church bells or chimes or to prohibit playing by a band
or orchestra in a hall.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
