PETERSBURG — Criticism of Upper Township’s newly amended noise ordinance ranged from “woefully insufficient” to “this does not address the issue at all.”
Despite the litany of complaints, mostly from residents of the Strathmere section of the township where the Deauville Inn and other restaurants are frequent targets, Township Committee voted unanimously Dec. 15 to adopt the amended version.
It puts time restrictions on noise and employs a “plainly audible” standard and 100-foot distance for determining violations.
“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,” the amended ordinance states.
It covers 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, as well as personal and commercial construction and landscaping.
The new regulations also outlaw construction work on the island on Sundays and holidays during the summer months while allowing it everywhere else in the township.
Reading a letter from his wife, Mark Green from Strathmere said “residents throughout Upper Township need a noise ordinance that is clear and enforceable and provides guidelines to help create livability throughout the township. Their proposed ordinance does not accomplish this goal.”
The unnamed wife complains the ordinance does not use the plainly audible standard as a litmus test outside the hours set, leaving it up to the discretion of the responding party.
“Much of the noise that disrupts our quality of life occurs prior to 10 p.m. through afternoons and evenings. Why is one’s quality of life only considered after 10 p.m.? Why is the inability of a family to enjoy a meal on their porch because of over-the-top music not the top concern for the committee?”
The letter says many area communities have enacted regulations that are in effect throughout the day and evening as well as at night.
It further states that the penalty for violating the ordinance is too little. Violators are subject to a fine not to exceed $1,000, fewer than 90 days in county jail or both.
“A commercial establishment could decide just to pay the fine for each violation,” Green read from the letter. “I feel like there should be escalating fines for multiple violations.”
Green lauded the effort but said it didn’t go far enough.
“I salute you for what you’ve put together here for the night and attention to landscaping work and leaf blowers and such. However, our quality of life is so impacted in the evenings and in the afternoons and this ordinance doesn’t address that time window whatsoever. There’s nothing in here,” he said.
Green said the amendment accomplishes nothing for those who prompted the changes.
“You’re left with the same problem that you wanted to remedy, which was there was nothing objective, there was nothing enforceable. It’s at the discretion of the individual who’s working for the township to determine whether it’s reasonable, appropriate and necessary. That’s the problem that you’re trying to fix, and this doesn’t fix it,” he said.
Green said he would like a plainly audible standard at the property line, like he said is the case in Sea Isle City and Cape May, any time of the day.
Solicitor John Amenhauser acknowledged that the issue is subjective during normal hours but noted there now is an objective test for certain types of noise during the restricted hours.
“Why can we not have the same objective standards that you are currently proposing after 10 p.m. during evenings and afternoons?” Green said. “Why would it be OK to disrupt our evenings, our time with our families on our porches, to the point that we have to leave our homes during certain evenings? Why can we not address that with the same objective standards?”
Township Administrator Jimmy Van Zlike called the amended ordinance “an incremental step toward adding something objective to our ordinance without doing a very substantive overhaul of an ordinance.”
He said he believes nothing short of the Deauville Inn closing would satisfy the neighbors.
“In my opinion from the meeting, you’re trying to hit a target that’s moving because the intent of the complaint is to let the Deauville not operate and not make sound, right? In my estimation, it’s to silence the Deauville is what I left that meeting with, and so no matter what substantive steps you take employing an ordinance, anything short of quiet time year round on Strathmere, I don’t think you’ll ever hit the mark that this contingent is for, in my opinion,” Van Zlike said.
Green said he never mentioned the Deauville Inn, noting that it must stop playing music by 9:30 p.m. via Planning Board regulations and does so. He again argued that the amendments do nothing for island residents.
“You aren’t addressing the problem that we brought to you. This isn’t moving the needle at all on the quality of life for Strathmere residents afternoons and evenings,” he said.
Amenhauser countered that by saying the amended ordinance is a “massive improvement” over the old version.
Strathmere resident Chris Kinicki said the Planning Board requires that the Deauville have a governor on its sound system but no one is forcing the owners to use it.
“I’m listening to music on my headphones in my backyard and I can hear the music coming from the Deauville. You cannot tell me that they’re operating with that governor on their sound machine,” he said. “When it’s not being enforced by the township and it’s not being enforced by the people who have the rules set that they are supposed to follow and they’re not following them, we do feel helpless,” Kinicki said.
Referencing the part of the amended ordinance that restricts the use of lawn care equipment, Kinicki asked what is the difference between having to listen to a leaf blower or having to listen to another annoying noise.
“Absolutely none,” Mayor Curtis Corson responded.
“Then why are we restricting when leaf blowers can operate at a different time than we are with music?” Kinicki countered.
Corson said restrictions on landscapers were enacted years ago because the barrier island communities forced them to stop working at 6 p.m. and everyone then flocked to Upper Township “like the sea gulls leaving the landfill,” but did not address the question.
“What’s the difference? In the end you have a business making noise after 5 o’clock and it’s a landscaper; noise that is annoying to the people inside their homes who are trying to eat dinner. Then you have another business that’s making noise after 5 o’clock?”
“We don’t pick winners and losers here,” Committeeman Tyler Casaccio responded.
“But you are because your time is different,” Kinicki said.
Corson said the committee is trying to write an ordinance that covers the whole township, not target one business.
Amenhauser said the difference is in the type of business involved.
“When you look at the determination as to unreasonable or unnecessary noise, one of the factors to consider is whether the noise is unreasonable or unnecessary in relation to historical or customary uses or activities. Historically, people don’t go out and blow their leaf blower and do landscaping at 9 at night. However, commercial businesses that are licensed premises often have live music beyond those hours. I think you have to consider these things in different perspectives, not all in one pot,” Amenhauser said.
Corson said the ordinance actually goes beyond the complaints of those who prompted the amendments, noting it deals with construction noise and eliminates work on Sundays and holidays during the summer season.
Ted Kingston, an island resident and member of the Planning Board, urged Township Committee to use its powers to simply force the Deauville Inn to stop making so much noise.
“I support the ordinance and hope you approve it tonight. That doesn’t mean that everything is great,” he said.
Kingston believes island residents have been “extremely accommodating” when it comes to the restaurant.
“These people have been complaining about the Deauville and the noise since the Planning Board resolution five years ago. So while I hope you pass this, I’m asking you to swing harder. There needs to be some relief,” he said.
Kingston alleged the Deauville is violating the rules on how long it can have a tent up on the property, adding that is where wedding receptions are held.
“That’s where a lot of it generates,” Kingston said, urging the committee to enforce rules in place. “Push back. If they won’t turn down the noise, tell them they can’t have the tent. Five years, it’s time to stop pussyfooting around and push back. You have cards to play. Make them stop the noise.”
Amy Lombardo rejected the idea that the residents want to see the restaurant close, saying she just wants to be able to enjoy her home.
“I want to see the Deauville succeed. I want to see it do really well. I want to enjoy going there. I need to understand how to make this enforceable and I need to understand on a Friday at 6 o’clock when my house is pumping with bass, like what as a resident of Upper Township I can do to enforce this,” she said.
Amenhauser pointed out that the ordinance specifies the enforcing agents based on the time of the complaints. During normal business hours, the code enforcement officer would be responsible. After hours, it would be the State Police.
Corson said the parking authority officers double as code enforcement, so they could be notified and could issue violations.
“There is teeth to this ordinance,” Corson said. “Sometimes you don’t want to chew on the bone if you don’t have to.”
He said Township Committee would revisit the issue if the amended ordinance did not provide relief.
“If we have to revisit it we will, but right now this is a lot better than anything we have now and we’re probably going to adopt this tonight,” Corson said. “I think this ordinance is going to help. If this ordinance doesn’t work, we’ll take it to the next level,” Corson said.
– By CRAIG D. SCHENCK/Sentinel staff
