[HISTORY: Adopted by the Township Committee
of the Township of Andover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-30-1973 as § 6-2 of the 1973 Code]
It shall be unlawful for a person to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which does or is likely to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of § 96-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this article. The enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
A.
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 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. The operation of such a set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 8:00 a.m., so that it
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 section.
B.
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, 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.
C.
Animals; birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 20 of this Code.
D.
Horns. The sounding of a horn or warning device on
an 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 on the street. No person shall sound
a horn or warning 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.
E.
Exhaust. The discharge into the open air of the exhaust
of a steam engine, stationary internal combustion engine or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises.
F.
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair or so loaded that it creates
loud and unnecessary grating, grinding, rattling or other noise.
G.
Construction or repair. The carrying on of excavation,
demolition, construction, repair or alteration work other than between
the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction,
repair or alteration work by a homeowner on his own dwelling or property,
other than between the hours of 7:00 a.m. and 9:00 p.m. In case of
urgent necessity or in the interest of public health or safety, the
Director of Public Works may grant a permit for excavation, demolition,
construction, repair or alteration work for a period not to exceed
three days, by the terms of which permit such work may be carried
on between 8:00 p.m. and 7:00 a.m.
H.
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, provided
that conspicuous signs are displayed in such a street indicating that
it is in a school, hospital or court street.
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 municipal 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 municipal officials.
D.
The playing by a band or orchestra in a hall or building
or in the open air, where duly authorized.
A.
Sound trucks may be operated in accordance with the
following regulations upon the issuance of a permit by the Township
Committee for each occasion and each location:
(1)
Sound trucks shall not be operated in residential
zones in the Township before 9:00 a.m. and after 7:00 p.m.
(2)
Sound trucks shall not be operated in commercial zones
in the Township before 9:00 a.m. and after 9:00 p.m.
(3)
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.
(4)
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.
[Adopted 9-13-2010 by Ord. No. 2010-09]
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression, or deceleration of any motor
vehicle which results in the excessive, loud, unusual or explosive
noise from such vehicle.
One in which there is imminent danger of a collision with
property, persons, and/or animals and/or what is necessary for the
health, safety, and welfare of the community.
Sound 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 article.
It is unlawful for the driver of any motor vehicle to activate
or use an internal-combustion-engine-powered vehicle on any posted
public ways, including, but not limited to, streets, alleys, easements,
or rights-of-way established for vehicle operation within the Township
of Andover, while said vehicle or operator is utilizing an engine
brake without an exhaust muffler sufficient to prevent the creation
of excessively loud noises by said vehicle due to improperly maintained,
defective, or modified muffler systems, except when the use of such
engine brake is necessary in an emergency situation. This article
is not intended to prohibit the passage of vehicles equipped with
engine brakes in posted areas, but rather limit the use of such equipment
in posted areas under the aforesaid circumstances.
The provisions of this article shall not be applicable in emergency
situations as described herein:
A.
Noise caused by the application of engine brakes, also known as "compression
braking," which is effectively muffled or if the application is necessary
for the health, safety and welfare of the community is exempt from
the provisions of this article.
B.
Sounds created by emergency equipment for emergency purposes are
also exempt.
The Township is hereby authorized to post at reasonable locations
within the Township signs indicating the prohibition of engine braking
in a nonemergency situation.
A.
Any person, firm, or corporation violating any provision of this
article shall be mandated to a court appearance, fined not less than
$50 nor more than $500, and required to pay court costs and fees for
each offense.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
