[HISTORY: Derived from Sec. 3-2 of the 2003 Revised General
Ordinances of the Township of Willingboro. Amendments noted where
applicable.]
The Township Council of the Township of Willingboro, County
of Burlington and State of New Jersey, finds and determines that:
A.
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 of Willingboro.
B.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Township of Willingboro and its inhabitants.
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 limits
of the Township.
[Amended 3-5-2013 by Ord.
No. 2013-1]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter. Noise that is
clearly audible at a distance of 100 feet from the building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this chapter. The following enumeration shall not be
deemed to be exclusive:
A.
Horns, signaling devices: the sounding of any horn or signaling device
on any automobile, motorcycle, streetcar or other vehicle on any street
or public place of the Township, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound and the sounding of any such device for an unnecessary
and 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 for any reason held up.
B.
Radios, televisions, phonographs: the using, operating, or permitting
to be played, used or operated any radio receiving set, television,
musical instrument, phonograph 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 or persons who are in the room, vehicle or chamber
in which such machine or device is operated and who is or are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine 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 it is located shall be
prima facie evidence of a violation of this section.
C.
Loudspeakers, amplifiers for advertising: the using, operating, or
permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or for any other purpose, with the following exceptions: such sound
as may attract attention but which will not disturb the peace, quiet,
and comfort of the inhabitants, provided such sound is produced or
caused to be produced only between the hours of 2:00 p.m. and 9:00
p.m. (prevailing time) in the months of April through September, inclusive,
and between the hours of 9:00 a.m. and 12:00 noon and between 2:00
p.m. and 7:00 p.m. (prevailing time) in the months of October through
March, inclusive.
D.
Yelling, shouting: 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 or in any dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
E.
Animals, birds: 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.
F.
Whistles: the blowing of any whistle, except to give notice of the
time to begin or stop work or as a warning of fire or danger or upon
request of proper Township authorities, or as may be required by general
law or ordinance.
G.
Exhausts: the discharge into the open air 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 of any automobile, motorcycle,
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
I.
Loading, unloading, opening boxes: the creation of a loud and excessive
noise in connection with loading and unloading any vehicle or the
opening and destruction of bales, boxes, crates and containers.
J.
Construction or repairing of buildings: the erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of
urgent necessity in the interest of public health and safety, and
then only with 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 periods 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 6:00 p.m. and 7:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of the work.
K.
Schools, courts, churches, hospitals: the creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the school, institution of learning, church
or court is 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 street is a school,
hospital or court street.
L.
Drums: 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.
M.
Hawkers, peddlers: the shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
N.
Metal rails, pillars and columns; transportation thereof: 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.
O.
Railroad cars and buses; operation thereof: the causing, permitting
or continuing of any excessive, unnecessary and avoidable noise in
the operation of railroad cars, locomotives and buses.
P.
Piledrivers, hammers: the operation other than between the hours
of 7:00 a.m. and 6:00 p.m. on weekdays of any piledriver, steam shovel,
bulldozer or other earthmoving machinery, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended
by loud or unusual noise.
Q.
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.
R.
Alarms. The sounding of any audible alarm device, horn, bell or siren
attached to the interior or exterior of a building and emitting a
warning signal outside the building and designed to attract attention
when activated by a criminal act or other emergency requiring police
or fire response is prohibited, unless that audible alarm is equipped
with a timing mechanism in proper working order that will disengage
the audible alarm after a maximum period of 15 minutes. No audible
alarm shall create a sound similar to that of an emergency vehicle
siren or civil defense warning system. The timing device requirement
shall not be applicable to public buildings.
S.
Sparkling devices
and novelties. The using, operating, or permitting of any sparkling
devices and novelties 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 or in any dwelling, hotel, motel
or other type of residence or any persons in the vicinity. For purposes
of this section, N.J.S.A. 21:2-2 defines "fireworks" to include any
combustible or explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration
or detonation, but shall not include sparkling devices and novelties,
and further defines "sparkling devices and novelties" to mean a) wood
sticks or wire sparklers of not more than 100 grams of pyrotechnic
mixture per item; b) handheld or ground-based sparkling devices which
are nonexplosive and nonaerial, which may produce a crackling or whistling
effect, and which contain 75 grams or less of pyrotechnic composition
per tube or a total of 500 grams or less for multiple tubes; and c)
snakes and glow worms, smoke devices, and trick noisemakers, which
include party poppers, snappers, and drop pops, each consisting of
25/100 grains or less of explosive mixture. Sparkling devices and
novelties are legal to use, possess, store, sell or offer for sale
to any person that is 16 years of age or older. The sale, possession
and use of fireworks are illegal and require a valid permit pursuant
to N.J.S.A. 21:2-1 et seq.
[Added 8-4-2020 by Ord. No. 2020-15]
A.
Nothing herein contained shall be construed to apply to church bells
or chimes.
B.
Nothing herein contained shall be construed to prohibit playing by
a band or orchestra in a hall or building or in the open air, provided
that there is no amplification of the sound of a band or orchestra
playing in the open air. There shall be no playing of a band or orchestra
in the open air between the hours of 12:00 midnight and 7:00 a.m.
The Township Council or the Township Manager acting for the Township
Council may, for special events, grant approval for the amplification
of the sound of a band or orchestra playing in the open air and may
permit a band or orchestra playing in the open air to play during
the restricted time period.
[Added 3-5-2013 by Ord.
No. 2013-1; amended 8-4-2020 by Ord. No. 2020-15]
A.
The violation
of any section of this chapter shall constitute a separate and distinct
offense independent of the violation of any other section or of any
order issued pursuant to this chapter. Each day of violation shall
constitute an additional, separate and distinct offense.
B.
In the
case of the first violation of any section of this chapter, the maximum
penalty shall, upon conviction of such violation, be a fine not exceeding
$500, provided, however:
(1)
In
cases where a minor is involved, a verbal first warning and copy of
this chapter may be provided to both the minor and the parent or legal
guardian in lieu of a summons, at the discretion of the police officer.
C.
In the
case of a second violation of this chapter, the maximum penalty shall,
upon conviction of such violation, be a fine not exceeding $1,000
or imprisonment in the county jail for a period not exceeding 30 days
or a period of community service not exceeding 30 days.
