Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Livingston 5-15-2006 by Ord. No. 12-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise associated with drive-in theaters — See Ch. 192, Art. I.
Noise associated with roller skating rinks — See Ch. 240.
Noise associated with teen dance halls — See Ch. 294, Art. II.
Noise associated with public swimming pools — See Ch. 279, Art. I.
[1]
Editor's Note: This ordinance also repealed former Ch. 200, Noise, adopted 11-5-1979 as §§ 18-1 and 18-47 to 18-50 of the 1979 Revised General Ordinances.
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 or endangers the comfort, repose, health, peace or safety of others within the Township.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of § 200-1, but such enumeration shall not be deemed to be exclusive, namely:
A. 
Animals, dogs, birds, etc.: the keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.
B. 
Yelling, shouting, etc.: yelling, shouting, hooting, whistling, or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.
C. 
Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair or with a defective muffler or loaded in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
D. 
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, or gas-operated lawn equipment except through a muffler or other device which will effectively prevent loud or explosive noises.
E. 
Horns, signaling devices, etc.: the sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Township, except as a danger warning, the creation of any unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device for an unreasonable period of time. The use of any signaling device except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
F. 
Loading, 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.
G. 
Loudspeakers, amplifiers, etc.: the use of calliopes, mechanical loudspeakers or amplifiers of any kind for any purpose upon the streets of the Township.
H. 
Noises to attract attention: the use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
I. 
Radios, phonographs, live music, etc: the using, operating or permitting to be played of any radio, musical instrument, phonograph or live music or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener. While residents are asked to respect the rights of their neighbors to peace and quiet at all times, the operation of any such set, instrument, phonograph, machine, device or live music between the hours of 11:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
J. 
Schools, courts, houses of worship, hospitals: the creation of any excessive noise on any street adjacent to any 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 workings of such institution, or which disturbs or unduly annoys patients in the hospital.
K. 
Transportation of metal rails, etc.: the transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
A. 
Purpose. The purpose of this section is to regulate the hours of construction activities and the use of power equipment out of doors in order to protect and promote the health, welfare and safety of the public in the Township.
B. 
Activities restricted.
(1) 
The construction, maintenance, repairs, alteration or demolition of any building or structure, or the laying of any pavement, and including but not limited to the making of an excavation, movement of earth, clearing of land, and loading or unloading of construction material, equipment or supplies, shall be unlawful except as specified in Subsection C.
(2) 
The use of dynamite or the operating of any power equipment, including, but not limited to, a power saw, hammer, sander, drill, grinder, generator, air compressor, pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise or like power equipment, shall be unlawful except as specified in Subsection C.
C. 
Permitted hours of restricted activities.
(1) 
The activities listed in Subsection B shall be permitted only during the following hours:
(a) 
Weekdays: 7:00 a.m. to 7:00 p.m.
(b) 
Saturdays: 8:00 a.m. to 5:00 p.m.
(c) 
Sundays and legal holidays: 9:00 a.m. to 5:00 p.m.
(2) 
On Sundays and legal holidays, performing activities listed in Subsection B(2) is permitted only by the owners or occupants, or relatives of the owners or occupants, of the premises.
The Planning Board may impose greater restrictions on noise-producing activities than are set forth in this chapter as a condition for Planning Board approval.
The restrictions of this § 200-3 shall not apply to the following:
A. 
Activities confined within a wholly enclosed building or structure.
B. 
Activities conducted pursuant to and within the terms of a permit issued by the Township Manager where she finds that the public health and safety will be enhanced by the work or will be harmed by failure to perform the work at the times indicated therein.
C. 
Activities necessary to prevent injury to persons or property, including snow removal.
D. 
Activities conducted by or for any government unit or agency.
E. 
Lawn care and maintenance which shall be permitted:
(1) 
Weekdays: 7:00 a.m. to 7:00 p.m.
(2) 
Saturdays: 8:00 a.m. to 6:00 p.m.
(3) 
Sundays and legal holidays: 9:00 a.m. to 5:00 p.m.
Any person who violates any provision of this chapter shall be subject to the penalties as set forth in § 1-7, General penalty, of the Code of the Township of Livingston.