[HISTORY: Derived from Sec. 3-1 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
The Township Council hereby finds and declares that:
A.
The making and creation of loud, unnecessary or unusual noises within
the limits of the Township is a condition which has existed for some
time, and the extent and volume of such noises is increasing.
B.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort,
convenience, safety, welfare and prosperity of the residents of the
Township.
C.
The provisions and prohibitions hereinafter contained in this chapter
are necessary in the public interest, embody the public policy of
this Township and are for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Township and its inhabitants.
No person shall 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 limits of the Township.
[Amended 9-15-2003 by Ord. No. 03-26]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but such enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, audible signaling devices and the like:
(1)
The sounding of any horn or audible signaling device on any automobile,
motorcycle or other vehicle on any street or public place of the Township,
except as a danger warning.
(2)
The creation by means of any audible signaling device of any unreasonably
loud or harsh sound and the sounding of any such device for an unnecessary
period of time.
(3)
The use of any audible signaling device, except one operated by hand
or electricity.
(4)
The use of any horn, whistle or other audible device operated by
engine exhaust.
(5)
The use of any such audible signaling device when traffic is held
up for any reason.
B.
Radios, televisions, phonographs, cassette and disk players and the
like:
(1)
Using, operating or permitting or suffering the use or operation
of any radio, television, phonograph, cassette or disk-like musical
instrument or any other machine or device, including but not limited
to portable music-playing devices commonly known as "boom boxes,"
whether emanating from automobile or pedestrian traffic, in such a
manner as to disturb the peace, quiet, tranquility and comfort of
the neighboring inhabitants at any time at a volume louder than necessary
for the convenient hearing of the person or persons who are in the
room, vehicle, chamber or vicinity in which such machine or device
is operated and those other voluntary listeners thereto is an act
prohibited under the terms of this chapter. The standard to be employed
in determining whether conduct of the aforesaid nature violates the
provisions of this chapter shall be determined by whether the said
conduct is unreasonable or unnecessary under the then-existing circumstances
and whether the noises resulting are therefore injurious to the public
peace, health and comfort of reasonable people in the vicinity to
an unreasonable extent and which also exceeds the need of the listener.
(2)
Operation of any equipment as above set forth between the hours of
11:00 p.m. and 7:00 a.m. in such a manner and at such a volume as
to be plainly audible at a distance of 25 feet from the source of
the sound shall be prima facie evidence of the provisions of this
section.
C.
Loudspeakers; amplifiers for advertising: the using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound or emitting
of loud and raucous noises which are cast upon the public streets
for the purpose of commercial advertising.
D.
Yelling, shouting and the like: 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, dwelling,
hotel, motel or other type of residence or of any person in the vicinity.
E.
Birds, dogs or other animals: the keeping, harboring or maintaining
of any bird, dog or other animal which, by frequent, habitual or prolonged
continued noise, defined as an unsolicited response lasting 10 minutes
or more, shall annoy or disturb the peace, comfort or repose of any
person in the neighborhood or of any persons passing upon the streets
or highways.[1]
G.
Exhausts: the discharge into the open of the exhaust of any steam
engine, stationary internal-combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
H.
Defect in vehicle or load: the use or operation of any automobile,
motorcycle or vehicle so out of repair or so loaded with iron, steel
or other material in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise or so as to cause loud
noises to the disturbance of the peace and quiet of the neighborhood.
I.
Loading/unloading; opening boxes: the creation of loud or excessive
noise in connection with the loading or unloading of any vehicle or
the opening and destruction of bales, boxes, crates or containers.
J.
Construction or repairing of buildings: the erection (including excavation),
demolition, alteration or repair of any building or the excavation
of streets and highways other than between the hours of 7:00 a.m.
and 9:00 p.m. on weekdays and 8:00 a.m. and 9:00 p.m. on Saturdays
and 9:00 a.m. and 9:00 p.m. on Sundays, except in case of urgent necessity
in the interest of public health and safety, and then only after obtaining
a permit from the Township Engineer, which permit may be granted for
a period not to exceed three days or less while the emergency continues
and which permit may be renewed for a period of three days or less
while the emergency continues. If the Township Engineer should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration, or repair of any building or the excavation
of streets and highways within the hours of 9:00 p.m. and 7:00 a.m.
on weekdays, 8:00 a.m. on Saturdays, and 9:00 a.m. on Sundays, he/she
may grant permission for such work to be done within the hours of
9:00 p.m. and 7:00 a.m. on weekdays, 8:00 a.m. on Saturdays and 9:00
a.m. on Sundays upon application being made at the time the permit
for the work is awarded or during the progress of the work.
K.
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 judicial court, while the same are
in use, or adjacent to any hospital, which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys
patients in the hospital, provided conspicuous signs are displayed
in such streets indicating that the same is a school, hospital, house
of worship or court street.
L.
Drums, bells and the like: the use of any drum, bell, horn or other
instrument or device for the purpose of attracting attention to any
performance, show or sale by any creation of noise.
M.
Hawkers, peddlers and vendors: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
N.
Railroad cars and buses: the causing, permitting or continuing of
any excessive, unnecessary or avoidable noise in the operation of
railroad cars, locomotives and buses.
O.
Pile drivers, hammers and the like: the operation, other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver,
steam shovel, bulldozer or other earthmoving machinery, pneumatic
hammer, derrick, steam or electric hoist or any other appliance, equipment
or machinery, the use of which is attached by loud or unusual noise.
P.
Blowers: the operation of any noise-creating blower or power fan
or any internal-combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noises.
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by churches engaged
in church activities.
B.
Activities of Township 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 the Mayor and Township Council, or their
agents.
Sound trucks may be operated in accordance with the following
regulations upon the issuance of a permit by the Township Council
for each occasion and each location:
A.
Sound trucks shall not be operated in residential zones in the Township
before 9:00 a.m. or after 7:00 p.m.
B.
Moving sound trucks shall keep to the extreme right-hand side of
the road and shall proceed at a speed of not less than 10 miles per
hour.
C.
Stationary sound trucks are prohibited in all residential zones in
the Township, but may be operated in commercial zones during the hours
referred to above.
