‘Plainly audible’ will be the standard; balance sought
PETERSBURG — Township Committee is crafting a new noise ordinance that will base violations on a “plainly audible” standard, solicitor John Amenhauser said Oct. 27.
He said he added more specific restrictions to the existing noise ordinance, “including a plainly audible standard as it related to live music, things of that nature,” and other things based on community feedback.
The discussion was intended so committee members could determine “whether you like what we did, whether you want to get rid of some stuff,” Amenhauser said. “Based on feedback that we get from you here tonight, the next step would be to go forward with introduction of an amended ordinance related to noise and moving forward with a second reading and public hearing.”
The ordinance will have to be introduced, then sent to the Planning Board to determine whether it is consistent with the Master Plan. It then would be subject to a public hearing and final vote.
“So it’ll be available for the public to look at, weigh in on. That may influence changes if necessary,” Amenhauser said.
Committeeman Tyler Casaccio said he was pleased with the changes.
Deputy Mayor Victor Nappen mentioned he could hear sports announcers from Caldwell Park at his home, asking how the ordinance would apply in cases such as that.
Amenhauser said the ordinance would specifically deal with the time when the noise is being heard and the distance.
“For instance, like the commercial establishments with live music, you don’t want to have it happening all night long and keeping people up when they live across the street,” he said.
The ordinance would prohibit music that’s plainly audible from 100 feet away, an increase from 50 feet in the existing ordinance, after 10 p.m.
Township Administrator Jim Van Zlike said one of the benefits of using the plainly audible standard is that most of the violations occur after working hours, requiring the State Police to enforce the rules rather than the code enforcement office.
“So in an effort to use our partnership with the State Police to help enforce the ordinance, I think that would be one way that they can enforce it as opposed to like a decibel reader which requires noise conservation officer training and they don’t have that option,” Van Zlike said.
Nappen asked about neighboring communities, such as Somers Point.
Amenhauser said Somers Point’s ordinance prohibits audible music after 11 p.m., noting it was an outlier because most local communities use 10 p.m.
“I would think that in the summertime 11 p.m. would be reasonable,” Nappen said.
Amenhauser noted that there is no seasonal aspect to the ordinance, just one standard all year.
Nappen said he feels like the changes “balance the community with the businesses well, which is what I wanted to do.”
During public comment, Strathmere resident Dodie Reagan Correntini asked why Somers Point was used as an example when most establishments in Cape May County use 9 p.m. as a cutoff.
Nappen said the Deauville Inn in Strathmere, source of a lot of complaints from island residents, hosts weddings.
“I don’t know how a wedding could end at 9 o’clock,” he said. “Most weddings go to 10, 11. That’s why I was bringing up possibly thinking of 11.”
He again said his intent was to provide a balance.
“You want a bar and a business to be successful and you want the people to be happy. I think 10 is a good healthy medium,” Nappen said.
Frank from Strathmere said he would like to see the township mirror Sea Isle City, which has a 9 p.m. cutoff for amplified music.
He said his major frustration is not being able to do anything when the music is too loud.
“However this ends up, ideally I would love to see just a very clear definition of what path the neighbors need to take if there is an issue that’s going to result in some sort of action and someone coming out,” he said. “We’ve gone to the township, the township has gone to county. The county said, ‘Well, you have to call the State Police.’ The State Police say it’s a township issue.”
– By CRAIG D. SCHENCK/Sentinel staff
