Resident would like one applying 24/7
PETERSBURG — While John Canderan of the Poets Woods section of the township would like restrictions on noise “24/7,” the amendments Township Committee introduced Nov. 24 are geared toward disruptions in the early morning or late at night.
The most significant change is the employment of a “plainly audible” standard for determining violations. Another is the doubling of the distance (50 feet to 100 feet) from the source of the noise to where it’s a violation if audible. The ordinance also sets time frames for the period when such noise is in violation.
“A commercial establishment from which loud noise emanates as a result of musical instruments, bands, mechanical music devices, and/or any sound reproduction devise, live entertainment or patrons, from either the inside or any outside portion of such establishment, shall be in violation of this section whenever such noise is plainly audible to the enforcing agent … at a distance of one hundred (100) feet from the noise’s point of origin between the hours of 10 p.m. and 8 a.m. the following day,” it states.
The amendment includes noise from the operation of heating, venting and air-conditioning motors and mechanical units and fans, or as a result of the operation of kitchen exhaust fans or other mechanical equipment.
Personal construction and maintenance work also fall under the parameters of the ordinance, which permits the operation of power tools and landscaping equipment by a residential property owner or tenant only between 7 a.m. and 9 p.m. Monday through Saturday and 9 a.m. to 6 p.m. Sunday.
Commercial construction and landscaping are restricted during the summer months. Between Labor Day and Memorial Day, contractors may operate on a residential, commercial or industrial property from 7 a.m. to 7 p.m. Monday through Saturday and from 9 a.m. to 6 p.m. Sunday in all zones.
During the same period, work in the Resort Residential and Resort Commercial zones is permitted from 8 a.m. to 6 p.m. Monday through Saturday but prohibited Sundays and holidays.
Construction and demolition work is allowed from 7 a.m. to 9 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday and Sunday except in the RR and RC zones, where none is permitted Saturday or Sunday and on national holidays.
Exceptions exist for work authorized by the township, county, state Department of Transportation, U.S. Army Corps of Engineers or New Jersey Department of Environmental Protection.
The code enforcement office will be the enforcement agency during normal business hours. For any complaints that occur outside of normal operating hours, the Cape May County Board of Health and/or the New Jersey State Police will be the enforcement agents.
Violators are subject to a fine not to exceed $1,000, fewer than 90 days in county jail or both.
Canderan, who said he would like to see music, pickup basketball, cornhole, horseshoes and other recreational activities covered by the ordinance, questioned who would enforce rules during daylight hours.
Solicitor John Amenhauser said code enforcement could go to the scene and “if it’s unreasonable or unnecessary noise, which is defined in the discretion of that officer, they can still issue a citation.”
“That’s a big problem because if somebody feels like playing music at 4 o’clock in the afternoon, which is outside the prohibited hours, I’m going to have to rely on somebody coming out. It’s very subjective. That was the big problem with the original noise ordinance,” Canderan said.
He said he has reported someone playing music “unreasonably loud in my opinion,” but the responding officer did not feel it was a violation.
“That’s the problem; it’s my interpretation of what’s reasonable or unnecessary versus somebody coming out and saying, ‘I don’t think so, no big deal,’” Canderan said. “To me, the plainly audible standard should be used 24/7.”
Second reading of the noise ordinance is set for Dec. 15.
In other business, Committeeman Sam Palombo announced that the pickleball court upgrade project at Caldwell Park is set to be completed Dec. 8.
The project involved demolishing two of the four tennis courts and extending the surface to create as many as 12 pickleball courts. Additional improvements included resurfacing and color coating the remaining tennis courts at Caldwell Park, along with basketball courts and the hockey rink at Amanda’s Field.
“I’m very excited to get activated on those courts and I look forward to everyone enjoying those,” he said.
Live Nativity
Pageant Dec. 21
in Petersburg
PETERSBURG – There will be a Live Nativity Pageant outdoors at 6 p.m. Sunday, Dec. 21, at Petersburg Wesley United Methodist Church, 400 Route 610, Petersburg.
The free event, with refreshments, will feature a stable complete with a manger, barnyard animals and a camel.
Come hear joyous Christmas music under the stars.
For more information call Pastor Robert Costello at (609) 627-2224.
