Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Freehold 10-24-1966 (§ 6-2 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Traffic — See Ch. 11.
Animals — See Ch. 79.
Parental responsibility — See Ch. 224.
Peace and good order — See Ch. 232.
Peddling and soliciting — See Ch. 236.

§ 217-1 Prohibited acts.

It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

§ 217-2 Loud, disturbing and unnecessary noise.

A. 
Without intending to limit the generality of § 217-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1) 
Radios; televisions; phonographs. The playing, use or operation 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 for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. so that it is clearly 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 chapter.
(2) 
Yelling; 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, which annoys or disturbs 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.
(3) 
Animals; birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 79, Article I, Dogs, of this Code.
(4) 
Horns. The sounding of a horn or warning device on an 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 a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.
(5) 
Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
(6) 
Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.
(7) 
Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 6:00 p.m., and the carrying on of 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 9:00 p.m. In 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, by the terms of which permit such work may be carried on between 6:00 p.m. and 7:00 a.m.
(8) 
Schools; courts; houses of worship; hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, house of worship or court while in use or adjacent to a hospital which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.
[Amended 9-25-2007 by Ord. No. O-07-25]
B. 
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

§ 217-3 Exceptions.

Nothing herein contained shall be construed to apply to:
A. 
The use of bells, chimes or sound amplifiers by houses of worship engaged in house of worship activities.
[Amended 9-25-2007 by Ord. No. O-07-25]
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 permission or authority of municipal officials.
D. 
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.

§ 217-3.1 Engine braking.

[Added 11-29-2005 by Ord. No. O-05-36]
A. 
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 Freehold, any mechanical exhaust or decompression device also known as “engine braking”. “Engine braking,” as used herein, shall mean 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 loud or unusual noise from such vehicle and shall include engine compression brakes.
B. 
Exceptions. The provisions of this section shall not apply to the practice of engine braking:
(1) 
Where conventional vehicle brakes have failed resulting in an emergency making necessary the use of engine braking; or
(2) 
By emergency equipment being used for emergency purposes.
C. 
Posting of signs. The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine braking.
D. 
Violations and penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, General Penalty.

§ 217-4 Violations and penalties.

Violations of the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty.