[HISTORY: Adopted by the Township Council of the Township of Marlboro 10-14-1982
by Ord. No. 41-82 (Ch. 93 of the 1981 Code). Amendments noted
where applicable.]
A.
It shall be unlawful for any person to make, continue
or cause to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures and endangers the comfort,
repose, health, peace or safety of others within the limits of the Township.
B.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios, televisions and phonographs: the using, operating
or permitting to be played, used or operated of any radio receiving set, television,
musical instrument, phonograph or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet and
comfort of neighboring inhabitants or with louder volume than is necessary
for convenient hearing of 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, phonograph, machine 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 100 feet from the building, structure
or vehicle in which it is located shall be prima facie evidence of a violation
of this section.
(2)
Loudspeakers amplifiers for advertising: the using, operating
or permitting to be played, used or operated of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound which is cast upon the public streets
for the purpose of commercial advertising.
(3)
Yelling and 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 so as to annoy or disturb 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.
(4)
Animals and birds: the keeping of any animals or birds as pets which, by causing frequent or long-continued noise, shall unreasonably disturb the comfort or repose of people in the vicinity, but nothing herein is intended to apply to a dog pound or kennel licensed in accordance with Chapter 94 of this Code.
(5)
Horns: the sounding of any horn or warning device on
any 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 as a warning of impending danger to persons driving other vehicles, or
to persons on the street. No person shall sound any horn or warning device
on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably
loud or harsh sound or for any unnecessary or unreasonable period of time.
(6)
Steam whistles: the blowing of a steam whistle attached
to any stationary boiler, except to give notice of the time to begin or stop
work, or as a warning of danger or as a signal or warning in connection with
civil defense, fire or ambulance calls.
(7)
Bells: the sounding of any bell or gong or the blowing
of any whistle attached to a building or locomotive, except as a warning to
prevent injury to life or property.
(8)
Exhaust: the discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor vehicle,
except through a muffler or other device which will effectively prevent loud
or explosive noises.
(9)
Defect in vehicle or load: the use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
(10)
Loading and unloading; opening boxes: the creation of
a loud and excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers.
(11)
Construction or repair: excavation, demolition, construction,
repair or alteration work in connection with any building, structure or other
improvement other than between the hours of 7:00 a.m. and 8:00 p.m., except
with regard to construction, repair or alteration work by a homeowner on his
own dwelling or property, other than between the hours of 7:00 a.m. and 11:00
p.m. In the case of urgent necessity or in the interest of public health or
safety, the Director of Public Works may grant a permit for excavation, demolition,
construction, repair or alteration work for a period not to exceed three days
during which the emergency continues, and the permit may be renewed for an
additional period of three days where the emergency continues. If the Director
of Public Works shall determine that the public health or safety will not
be impaired by the excavation, demolition, construction, repair or alteration
work of any building, structure or other improvement between the hours of
8:00 p.m. and 7:00 a.m. and if he shall further determine that substantial
loss or inconvenience would result to any party in interest, he may grant
permission for such work to be done between the hours of 8:00 p.m. and 7:00
a.m., upon application being made at the time the permit for the work is awarded
or during the progress of the work.
(12)
Schools, courts, houses of worship and hospitals: the
creation of any excessive noise on any street adjacent to a school, institution
of learning, house of worship or court while the same is in use, or adjacent
to any hospital which unreasonably interferes with the working of such institution
or which disturbs or unduly annoys patients therein, provided that conspicuous
signs are displayed in such street indicating that it is a school, hospital
or court street.
(13)
Drums: the use of any drums or other instrument or device
for the purpose of attracting attention by the creation of noise to any performance,
show or sale.
(14)
Hawkers and peddlers: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
between the hours of 9:00 p.m. and 8:00 a.m.
(15)
Metal rails, pillars and columns, transportation thereof:
the transportation of rails, pillars or columns of iron, steel or other materials
over and along streets and other public places upon carts, drays, cars, trucks
or in any other manner so as to cause loud noises or disturb the peace and
quiet of such streets or other public places.
(16)
Pile drivers and hammers: the operation, other than between
the hours of 7:00 a.m. and 8:00 p.m., of any pile driver, steam shovel, bulldozer
or other earth-moving machinery, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or unusual
noise.
(17)
Blowers: the operation of any noise-creating blower or
power fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating of gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noises.
(18)
Devices for scaring birds and animals: devices for the
purpose of scaring birds and animals except between sunrise and sunset.
(19)
Insect-killing devices: the operation of any insect-killing
devices or bug zappers shall be unlawful between the hours of 11:00 p.m. and
7:00 a.m. if said device is located within 100 feet of a residence other than
the residence of the owner of the device.
(20)
Lawnmowers and chainsaws: the operation or use of any
power lawnmower or chainsaw between the hours of 9:00 p.m. and 8:00 a.m. except
Saturday and Sunday between 9:00 p.m. and 9:00 a.m.
C.
The above enumeration is only intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by churches
engaged in church activities.
B.
Activities of municipal departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings
under the permission or authority of municipal officials or activities in
active recreation areas of any planned unit or planned residential development
for the benefit and enjoyment of residents thereof under permission or authority
of the community trust of such planned unit or planned residential development.
D.
The playing by a band or orchestra in a hall or building
or in the open air.
E.
Any public utility, except as to refuse collection, as
defined in Title 48 of the Revised Statutes of New Jersey, or to any of its
employees when such public utility or its employees shall be engaged in performing
work to prevent the threatened interruption of its services, or to terminate
the interruption of its service rendered to its customers.
F.
Agricultural equipment used in an agricultural area.
G.
Where a waiver of the provisions of this chapter is applied
for and granted by the Township Council of the Township of Marlboro for public
works projects by resolution. No waiver shall be granted for a period to exceed
four months. Renewal applications may be granted for additional four-month
intervals upon good cause shown.
[Added 7-15-1999 by Ord. No. 1999-26]
No person shall operate or cause to be operated any sound truck for
commercial purposes in the Township with sound-amplifying equipment in operation.
A.
Registration required. No person shall use or cause to
be used any sound-amplifying equipment for noncommercial purposes in the Township
before filing a registration statement with the Township Business Administrator
in writing. This registration statement shall be filed in duplicate and shall
state the following:
(1)
Name and address of the applicant.
(2)
Name and address of the person who owns the sound-amplifying
equipment.
(3)
Name and address of the person having direct charge of
the sound-amplifying equipment.
(4)
The purpose for which the sound-amplifying equipment
will be used.
(5)
A statement identifying the place or premises on which
the sound-amplifying equipment will be used.
(6)
The proposed hours of operation of the sound-amplifying
equipment.
(7)
The number of days of the proposed operation of such
equipment.
(8)
A general description of the sound-amplifying equipment
which is to be used.
(9)
The maximum sound producing power of the sound-amplifying
equipment, including the wattage to be used, the volume in decibels of the
sound which will be produced and the approximate maximum distance that the
sound can be heard.
B.
Registration and identification. The Township Business
Administrator shall return to each applicant one copy of the registration
statement certified by the Clerk as a correct copy of the application. The
certified copy of the application shall be in the possession of any person
operating the sound-amplifying equipment at all times while it is in operation,
and the copy shall be promptly displayed and shown to any policeman of the
Township on request.
C.
Regulations for use. Noncommercial use of sound-amplifying
equipment shall be subject to the following regulations:
(1)
The only sounds permitted are music or human speech.
(2)
Operations are permitted for four hours each day. The
permitted four hours of operations shall be between the hours of 11:30 a.m.
and 1:30 p.m. and the hours of 4:30 p.m. and 6:30 p.m. Sound-amplifying equipment
shall not be operated within 100 yards of any hospital, nursing home, school
or church.
(3)
The human speech and music amplified shall not be profane,
lewd, indecent or slanderous.
(4)
The volume of sound shall be controlled so that it will
not be audible for a distance in excess of 100 feet from the sound-amplifying
equipment and so that the volume is not unreasonably loud, raucous, jarring,
disturbing or a nuisance to persons within the area of audibility.
(5)
No sound-amplifying equipment shall be operated with
an excess of 15 watts of power in the last state of amplification.
D.
Exception and exclusions. The following uses of sound-amplification
equipment are hereby specifically excepted and excluded from provisions of
this subsection:
(1)
Use of sound-amplification equipment by municipal and
county, state or federal government or agencies in connection with any emergency
or other governmental or educational function, or use of any program or activity
sponsored by the Township Council.
(2)
Use of sound-amplification equipment by persons at public
parks in the Township, provided that such equipment is operated in strict
accordance with the rules and regulations of the Township Recreation Commission.
(3)
Use of sound amplification equipment in enclosed buildings
where the sound is not audible at a distance of 50 feet from such buildings.
This chapter shall be enforceable by the Township Division of Police,
the Environmental Officer, the Health Officer and the Business Administrator
in the provisions of the ordinance wherein the Business Administrator has
been granted the power to issue permits.
Actions under this chapter are not intended to be exclusive or to supersede
other remedies provided by law or by ordinance.
Any person violating any provision of this chapter shall be punishable as provided in § 4-3 of the Code.
