[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]
A.
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.
B.
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 lawn mowers, 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]
A.
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:
B.
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 person 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; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person who violates any provision 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, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code.
All fines imposed and collected under and by virtue of this
chapter shall be paid into the treasury of the Borough of Kenilworth.
