[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 3-10-1953 by Ord. No. 53-4. Amendments noted where applicable.]
The word "person," as used herein, shall, wherever appropriate in connection with the context, include "corporation," "partnership," "association," "club," "society" or any other form of association or organization and individual and shall include the plural. The masculine pronoun shall include the feminine.
[Amended 5-13-1998 by Ord. No. 98-13]
It is hereby declared to be a nuisance, and it shall be unlawful and no person shall make, cause, suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or upon any public street, alley or thoroughfare in the Borough of Kenilworth, any noise or sound, by means of the human voice or by any other means or method in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants.
[Amended 5-13-1998 by Ord. No. 98-13; 12-9-1998 by Ord. No. 98-35]
It shall be unlawful, and no person shall play, use or operate, or permit to be played, used or operated, any radio receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto or in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants.
[Amended 3-25-1998 by Ord. No. 98-5]
It shall be unlawful, and no person shall, within the Borough of Kenilworth, make or continue, or cause to be permitted, made or continued, any unreasonable or excessive noise which shall disturb the comfort, rest and repose of any person or persons being in his, her or their place of abode or at any public or private meeting or at church services.
The provisions of Subsection A above notwithstanding, it shall be unlawful for any person to operate or cause to allow to be operated any gas-powered lawn or garden equipment, to include but not be limited to lawnmowers, leaf blowers and vacuums, mulchers and shredders, trimmers, etc., in a residential area or within 200 feet of a residential area on the following days and time periods:
It shall be unlawful, and no person shall, within the Borough of Kenilworth, ring any bell or blow any horn or make any public outcry at or for any public sale or auction, or to advertise any goods, wares or merchandise for sale, or to attract any attention to gain passengers for any cab, taxicab, hack or omnibus.
It shall be unlawful, and no person shall, within the Borough of Kenilworth, sound or cause to be sounded any horn or warning device of 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 upon 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.
[Amended 3-25-1998 by Ord. No. 98-5]
It shall be unlawful for any person to operate or use, or cause or permit to be operated or used, any type of construction heavy equipment which shall make any excessively loud noise or ground tremors on the following days and times;
It shall be unlawful for any person to engage in, conduct, perform or cause to be performed any type of commercial construction activity in the Borough of Kenilworth in a residential zone or within 200 feet of a residential zone on a Sunday in such a manner or way as to cause or create an excessive or unreasonable noise or nuisance as those terms are defined in §§ 134-2, 134-3, 134-4, 134-5, 134-6 and 134-8 of this chapter.
It shall be unlawful, and no person shall, within the Borough of Kenilworth, create any excessive noises in connection with the loading or unloading of any vehicles or the opening or destruction of bales, boxes or containers between the hours of 9:00 p.m. and 7:00 a.m.
It shall be unlawful, and no person shall, within the Borough of Kenilworth, keep or harbor any dog or other animal which shall disturb any resident or residents in the neighborhood, by excessive barking, whining, howling or other unnecessary noises.
This chapter shall not be construed to apply to activities in the public parks, playgrounds or public buildings under the permission or authority of the municipal officials, or to activities of the municipal departments in the performance of their duties, drills or public demonstrations, or to the use of bells, chimes or sound amplifiers by churches in the church activities.
It shall be unlawful, and no person shall cause or permit to be emitted any dense smoke which contains soot or other substances in sufficient quantities to permit the deposit of such soot or other substances on any surface within the limits of the Borough of Kenilworth.
It shall be unlawful, and no persons shall cause or permit to be emitted any harmful, noxious or injurious odor or any fly ash, dust, smoke, gas, carbon, soot, chemical substances, acid fumes or any other fumes which are dangerous to public health.
[Amended 9-11-1979 by Ord. No. 79-19]
Any person who shall violate any of the terms or provisions of this chapter, or who shall permit or do or suffer to be permitted or done any act or thing in this chapter prohibited, shall, upon conviction thereof before the Municipal Judge, be imprisoned in the county jail for a term not exceeding 90 days or shall forfeit or pay a fine not exceeding $500, or both. In default of any fine imposed hereunder, any person convicted of a violation of any of the provisions of this chapter may, in the discretion of the Judge aforesaid, be imprisoned in the county jail for a term not exceeding 90 days.
All fines imposed and collected under and by virtue of this chapter shall be paid into the treasury of the Borough of Kenilworth.