[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:
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.
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.
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.
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]
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.
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.
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
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]
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.
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.
[Added 4-4-2005 by Ord. No. 2005-11]
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."
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.
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.
Sounds created by emergency equipment for emergency purposes shall also be exempt.
Post of signs. The Township is hereby authorized to post at reasonable locations with the Township signs indicating the prohibition of engine braking.
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.
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:
The name and address of all persons and organizations for which such a permit is being sought:
The specific purpose of the application;
The number and type of equipment and vehicles to be used;
The projected hours and area of the use of such equipment within the Township;
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
In detail, the specific nature of the civic activity to be advertised.
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.
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.
Fee. No fee shall be required for making the aforesaid application or for the issuance of a permit.
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]
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.