Friday, October 9, 2009

Tinton Falls mulls stricter noise ordinance

Tinton Falls mulls stricter noise ordinance
Time limit, use of meters among concerns raised
BY KENNY WALTER Staff Writer

TINTON FALLS — The borough may follow the lead of some of its neighbors and amend its noise ordinance, and is weighing whether to include a noise curfew or decibel limit.

The noise ordinance was the topic of discussion at the July 7 workshop session that followed the Borough Council meeting.

The idea of giving the noise ordinance more clout was initially brought up by newly elected Councilwoman NancyAnne Fama and was met with support from other council members.

"I had a conversation with the [police] chief [Gerald M. Turning Sr.] today regarding the current noise ordinance, which really doesn't have any time specifications," Fama told the meeting.

"I just wanted to bring that up to council to see if we could research that a little bit," she added, "see if we might take a look at the current ordinance and see if we can take a look at some reasonable times to examine it."

According to Borough Clerk Karen Mount-Taylor, the ordinance currently on the books was written in 1982 and is not too specific.

"It's kind of a blanket-type ordinance on noise," Mount-Taylor said in an interview last week.

"It's pretty much a good neighbor policy. If you're having a party and it's 10 o'clock, then turn down the music."

She said the ordinance reads, "It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys or is likely to annoy or disturb the peace, quiet or safety of others," the ordinance states.

There is no mention of decibel limits, and the only time specification mentioned is for construction and repair, which is to be done between 7 a.m. and 8 p.m.

The ordinance does mention that possible noise violations may include horns, radios, yelling, television, loudspeakers and noise produced by animals.

According to Mount-Taylor, it's not an easy law to enforce.

"It's a hard thing to regulate," she said.

She said the topic was expected to be discussed at the July 21 workshop meeting.

At the council meeting, newly appointed council President Duane Morrill also said he had discussed the noise ordinance with the chief.

Morrill said he was surprised that there is no time specified when noise must be curtailed.

"I spoke with the chief tonight; I couldn't believe it," he said. "Every time I have a party, they [police] seem to show up right after 11:30 p.m. I figured that was the time. Apparently not."

The council agreed to look into setting a specific time when noise must be cut off, and Morrill suggested that the time might be different on certain days.

"One of the options we may look into is the possibility of different times for the weekends compared to the weekdays," he said. "You may want to make it a little later on the weekends."

Mount-Taylor warned that specifying a time might not be the best way to approach the problem.

"Even though there isn't a time, keep in mind when you're doing times, there are people that work all night long and sleep during the day," she said.

One provision discussed was the possibility of requiring permits for people to have parties.

"It doesn't have to be a fee, maybe it just has to be a process," Fama said.

She recounted a recent incident when noise issues became a hassle for both partygoers as well as the police.

"I saw a story just recently of someone whose nephew was going away to Iraq," Fama said. "At 9:30 in the evening they were having a family party, and the police were called. I'm sure the police didn't want to be there."

One question raised was whether the noise ordinance would be in effect for both residential and commercial zones in the borough.

Turner said complaints are mostly in residential areas, but the council may look toward a uniform set of rules.

Council members also spoke about having a strict decibel-level limit, but Business Administrator W. Bryan Dempsey said he has concerns with that aspect of the noise rules.

"My only concern is that when we start getting into decibel levels, we have to have someone who is certified with the decibel machine," he said. "So when it's called out, whether it's a police officer or zoning officer, they have to be responsible for that."

If the council needed proof that noise is a problem in the borough, they could just turn to their white-haired police chief, Turner quipped.

"Look at my hair. How many [noise complaints] do you think we get?" he said. "We get a lot of them."

In a light moment, the council was ready to blame one of its own for the noise problems.

"Do they all come from one place?" council Deputy President Gary Baldwin asked, pointing at Morrill, at which the crowd erupted with laughter.

While Baldwin joked, he also said he understood that noise might be a serious problem for some residents.

"I think we need some help," he said. "There shouldn't be a time limit on noise. If you make too much noise at any time, it could be offensive."

Fama said she is just looking to preserve quality of life in the borough.

"I think the goal would just to be reasonable and understand that people need to get to sleep and don't want to be woken up early in the morning," Fama said. "I will follow up with the chief and come back with some recommendations that we can talk about."

Contact Kenny Walter at

kwalter@gmnews.com.


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