[HISTORY: Adopted by the Township Committee of the Township
of Riverside 9-19-2011 by Ord. No. 2011-08. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation area, public transportation facilities,
public building or area.
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or,
in the case of a sidewalk, for pedestrian travel. The term "street"
shall include the legal right-of-way, including, but not limited to,
the cartway or traffic lanes, curb, the sidewalks, whether paved or
unpaved, and any grass lots or other grounds found within the legal
right-of-way of a street. The term "street" shall apply irrespective
of what it is called or formally named, whether alley, avenue, court,
road or otherwise. The term "street" shall also include, for the purposes
of this chapter, shopping centers, parking lots, parks, playgrounds,
public buildings and similar areas open to the use of the public.
No person shall create any unreasonably loud disturbance or
unnecessary noise of such character, intensity or duration as to disturb
the peace, quiet and comfort of the neighboring inhabitants or to
the annoyance or inconvenience of travelers on the street or persons
in neighboring premises.
A.
Without intending to limit the generality of § 283-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Horns and signaling devices. The sounding of a horn or signaling
device on an automobile, motorcycle, bus or other vehicle, on any
street or public place except when required by law or when necessary
to give timely warning of the approach of the vehicle or as warning
of impending danger to persons driving other vehicles or to persons
on the street. No person shall sound a horn or signaling device on
an automobile, motorcycle, bus or other vehicle which emits an unreasonably
loud or harsh sound, or for an unnecessary or unreasonable period
of time. No person shall use any signaling device except one operated
by hand or electricity. The use of any horn, whistle or other device
operated by engine exhausts is prohibited. The use of any signaling
device is prohibited when traffic for any reason is held up.
(2)
Radios, televisions, phonographs. The playing, use or operation of
any radio receiving set, television, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the machine or device is operated and who 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. so that it
is clearly 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 chapter.
(3)
Loudspeakers; amplifiers for advertising.
(a)
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 after making
written application for a permit, setting forth the name and address
of the person who is to operate said loudspeaker or sound wagon, the
purpose for which the same is to be used, the carrying distance of
said speaker or sound wagon, and presenting said application in person
to the Township Committee of the Township of Riverside, in the County
of Burlington, at any regular or special meeting of said Township
Committee.
(b)
Such sound shall not be audible in any location for a period
of longer than five minutes in any hour, except by special permit
from the Township Committee.
(4)
Yelling, shouting. Yelling, shouting, hooting, whistling or singing
on the public streets between the hours of 11:00 p.m. and 7:00 a.m.,
or at any time or place, which annoys or disturbs the quiet, comfort
or repose of persons in any office, dwelling, hotel, motel or other
type of residence or of any persons in the vicinity.
(5)
Animals, birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturb the comfort or repose of
any person in the vicinity.
(6)
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.
(7)
Exhaust. The discharge into the open air of the exhaust of a steam
engine, internal combustion engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises.
(8)
Defect in vehicle or load. The use of an automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner that it creates
loud and unnecessary grating, grinding, rattling or other noise.
(9)
Loading, unloading, servicing, opening. The creation of a loud and
excessive noise in connection with loading or unloading any vehicle,
the servicing of any and all equipment or the opening of a business
which disturbs, disrupts or unduly annoys residents living in and/or
other businesses operating in the area.
(10)
Construction or repair.
(a)
The carrying on of excavation, demolition, construction, repair
or alteration work, other than between the hours of 7:00 am. and 6:00
p.m. weekdays and Saturdays; the carrying on of construction, repair
or alteration work by a homeowner on his or her own dwelling or property,
other than between the hours of 7:00 a.m. and 9:00 p.m.
(b)
In the case of urgent necessity or in the interest of public
health or safety, the Construction Code Official or his/her designee
may grant a permit for excavation, demolition, construction, repair
or alteration work for a period not to exceed three days, which may
be renewed for additional periods of three days, while the emergency
continues by the terms of which permit such work may be carried on
during the hours specified in the permit.
(11)
Schools, courts, churches, hospitals. The creation of excessive
noise on a street adjacent to a school, institution of learning, church
or court while in use, or adjacent to a hospital, which unreasonably
interferes with the working of the institution or which disturbs or
unduly annoys patients in the hospital.
(a)
If the Construction Code Official or his/her designee 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 between the hours of 6:00 p.m.
and 7:00 a.m., and if he or she shall further determine that loss
or inconvenience would result to any party in interest, he or she
may grant permission for such work to be done between 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.
(b)
No work involving the erection, demolition, alteration or repair
of any building or the excavation or the movement of any dirt shall
be done on Sunday except with a permit which may be granted by the
Construction Code Official or his/her designee in accordance with
the conditions set forth above.
(12)
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.
(13)
Hawkers and peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
(14)
Transportation of metal rails, pillars and columns. 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.
(15)
Operation of railroad cars and buses. The causing, permitting
or continuing of any excessive, unnecessary and avoidable noise in
the operation of railroad cars, locomotives and buses.
(16)
Pile drivers; hammers. 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 other appliance, the use
of which is attended by loud or unusual noise.
(17)
Blowers. The operation of any hoist-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.
(18)
Outside alarms. The user of any alarm system emitting an audible
or visible response shall, at the time such system is installed, cause
to be installed an automatic timing device which shall deactivate
such alarm so that it will be activated for no more than 15 minutes.
(19)
Public sales; taxicabs. Public outcries shall be prohibited
at or for any public sale or auction, or to advertise any goods, wares
or merchandise for sale, or to attract any attention, or to gain passengers
for any cab, taxicab, hack or omnibus.
(20)
Lawn equipment. The operation, other than between the hours
of 7:00 a.m. and sundown, on weekdays and weekends of any lawn equipment
including, but not limited to, lawn mowers, weed wackers, blowers
and edgers.
B.
The above enumeration is intended to give typical illustrations of
prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to church
bells or chimes.
