§ 196-1. Specific noise prohibitions.  


Latest version.
  • A. 
    Unless exempted under the provisions of this article, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the Borough of Wharton.
    B. 
    The following specific acts are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
    (1) 
    Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street, road or public place, except as a warning pursuant to the provisions of N.J.S.A. 33:3-69, a whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up.
    (2) 
    Radio and television sets, phonographs, etc. The use of any radio or television receiving set, 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 volume louder than is necessary for convenient hearing for the person or persons who are in the room or vehicle in which such 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 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
    (3) 
    Loudspeakers and amplifiers for advertising. The use of 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.
    (4) 
    Exhausts. The discharge into the open air of the exhaust of any internal-combustion engine except through an adequate muffler or other device which will effectively prevent loud or explosive noises therefrom.
    (5) 
    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 Building Inspector, 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.
    (6) 
    Schools, courts, churches. The creation of any excessive noise adjacent to any school, institution of learning, house of worship or judicial court while the same are in use, provided that conspicuous signs are displayed on the adjacent streets indicating that the same is a school, church or court street.
    Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
    (7) 
    Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
    (8) 
    Drums, bells and the like. The use of any drum, bell, horn, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by any creation of noise or sound.
    (9) 
    Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
    (10) 
    Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets 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 any persons in the vicinity.
    C. 
    If any person who is not exempted under the provisions of this article shall cause to be made any of the noises prohibited under this article, and if said noises shall be proved to be in violation of the sound levels prescribed herein, said proof shall be sufficient to prove a violation of this article.