[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 12-17-1987 by Ord. No. 11:14-87. Amendments noted
where applicable.]
It is the stated legislative intent of the Mayor and Council
of the Borough of Bellmawr to protect the public health and safety,
both physical and psychological, of the residents of the Borough of
Bellmawr. Accordingly, as loud, unnecessary or unusual noise, as mentioned
in this chapter, is deemed to be contrary to said public health, welfare
and safety, and as such is contrary to the peace of the Borough of
Bellmawr, the Mayor and Council hereby declare the following.
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 Borough of Bellmawr.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A.
Radios, televisions, stereo systems or amplifiers: the using, operating
or permitting to be played, used or operated any radio receiving set,
television, musical instrument, stereo system or amplifier or other
machine or device for the producing or reproduction of sound in such
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 is
which it is located 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 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 streets 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, 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 other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case
of urgent necessity to the interest of public health and safety, and
then only with a permit from the Construction Official. Said permit
may be granted for a period not to exceed three days or less while
the emergency continues and may be renewed for periods of three days
or less while the emergency continues. If the applicable code enforcement
official should determine that the public health and safety 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. and if he shall further determine that loss or
inconvenience would result to any party or interest, he may grant
permission for such work to be done between the hours of 6:00 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. 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.
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 unreasonably interferes with the workings of
such institution or disturbs or unduly annoys patients in the hospital,
provided that conspicuous signs are displayed in such street 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, etc.: the operation, other than between the
hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver,
steam shovel, bulldozer or other earthmoving machinery, pneumatic
hammer, derrick, steam or electric hoist or other appliance, the use
of which is attended by loud or unusual noise.
I.
Parties and other social gatherings at residences: any party, social
gathering or group of persons at any residence in the Borough of Bellmawr
which, either by way of 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.
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 Borough limits for any purpose other
than that of a civic nature directly pertinent to activities within
the Borough of Bellmawr or affecting the residents of this community.
Parades may be permitted within Borough limits, provided that
a permit is issued for the same. Application shall be made to the
Borough Clerk, 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, the
approximate number of people in the parade, the 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 create 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.
Any person who shall violate this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
for each offense, in the discretion of the court.
