UPPER TOWNSHIP — The current noise ordinance for the municipality offers little chance of successful prosecution, township attorney John Amenhauser said Monday.
As such, it’s of little use in curbing noise, he said.
Members of the Township Committee discussed potential amendments to the ordinance, with the expectation that Amenhauser would prepare an ordinance for introduction at an upcoming meeting.
Currently, the ordinance covers “unreasonable or unnecessary noise,” Amenhauser said, a standard so vague as to be close to meaningless.
Some communities use decibel levels to define what amount of noise would be unacceptable, but township Administrator James Van Zlike said the State Police who patrol the township do not use decibel meters.
“They do not have the equipment or training to enforce a decibel violation,” he said.
Amenhauser suggested an amendment setting a standard for noise being clearly audible from a specific distance from the property line.
“To me, the plainly audible standard makes the most sense,” he said Monday. If a trooper takes the witness stand in municipal court on a noise complaint, the question is clear compared to the more subjective evaluation of whether a noise is unnecessary or unreasonable.
For many, dinner and drinks at a comfortable table overlooking the water is the ultimate dining experience.
Van Zlike, who took the job with the township earlier this year, said he was looking for ways to make immediate improvements to the quality of life in the township. Among his first recommendations are changes to the noise ordinance.
“There’s no way to issue a citation for noise ordinance,” he said. “That alone is an issue. If you have an ordinance that’s not prosecutable, why do you even have that ordinance?”
A new ordinance proposal could be ready for the next meeting, set for Oct. 14.
If introduced and eventually approved after a public hearing and second vote, the ordinance would apply to the entire township.
But most of the discussion, and most of the comments from residents, focused on a single community and a single business: the Deauville Inn on the bay in Strathmere.
For years, neighbors have brought complaints about the business to the township, about traffic, about parking but primarily about noise.
At the Monday committee meeting, several residents asked the township to better control noise from the property. Neighbors have also raised concerns when the long-running bar and restaurant has sought a liquor license renewal or site plan approval from the Planning Board for an expanded operation at its beach bar.
On Monday, neighbors again brought their complaints to the committee.
Neighbors have complained to Upper Township Committee about parking, noise and other issues connected with the Deauville Inn in Strathmere, which has greatly expanded its beach bar operations.
One neighbor described weekend afternoons at her home as one long bass line from the nearby business. Closed windows and other steps do not keep the sound out, she said, proceeding to demonstrate with an “Mmmp! Mmmp! Mmmp! Mmmp!”
“You’d probably go a little nuts,” she said. “It got to the point where I don’t invite my family for dinner because inside we can still hear the bass.”
In one form or another, the Deauville has been in operation for more than a century. Tim Fox and Robyn Kjar bought the property in 2019, and later purchased Yesterday’s in the Marmora section of the township.
Attorney Dottie McCrosson, who has represented the Deauville before the Township Committee and at the Planning Board, did not immediately respond to a text message requesting comment Tuesday.
Committee member Victor Nappen asked whether the township could bring the Deauville into the conversation about a new ordinance. The ordinance will be advertised after introduction, Amenhauser said.
“They’re going to have the same opportunity everybody else has,” Amenhauser said.
Nappen said he did not want the ordinance to go too far.
“We want to make sure that it’s not too restrictive on the business, because we are pro-business and we want to advocate for our residents as well,” Nappen said. “We want to make sure that the businesses are able to have their events as well.”
Township Committee has approved new limits on parking at the foot of the Corson’s Inlet Bridge leading into Strathmere, but covered a fraction of what some in the community expected.
Mayor Curtis Corson said bars throughout the township have live music occasionally, mentioning the Tuckahoe Inn in Beesleys Point and Lavari’s. The township sometimes hosts live bands at Amanda’s Field, he added.
In some neighborhoods, he said, Airbnb rentals or backyard parties can bring the noise as well, mentioning one recent neighborhood party at which a backyard band performed.
And there are other sources of noise, Corson said. For instance, the Deauville’s site plan prevents the business from cleaning its septic tank before 8 a.m., while other businesses and nearby residents do not have that restriction.
He spoke about the impact on the resort community in Strathmere.
“We had Star Septic pumping our port-a-potties at 2:30 in the morning,” Corson said. “Can you imagine a blue-collar guy coming down, renting a property for $10,000, $12,000 a week, and you get woke up at 2:30 in the morning with a septic truck?
“If we’re going to limit one person, why wouldn’t we limit everybody in the resort community, including ourselves?” Corson continued.
That could extend to roadwork, trash collection or even beach replenishment, Corson said. If a beach replenishment project could not continue work overnight, he said, no contractor would bid on the project.
Work on the beach after a summer storm also drew complaints, from the sounds of the vehicles and the high-pitched beeping of the backup alarms.
Looking for a place you can grab a bite to eat or sip on a cold drink while overlooking the …
“We started at 5 in the morning. There were people who were upset about that,” Corson said.
“But in order for us to get the job done before the tide shifted we had to start at that time,” added Committee member Zachary Palombo.
Amenhauser said most local ordinances include exceptions for things like emergency sirens, trash collection or municipal necessities, and for other noises such as church bells.
Upper Township did not have any noise ordinance until 2010, and that underwent a year of revisions and discussions out of fear of harming agriculture or creating too cumbersome a structure, according to news reports from that time.
Before that, the township relied on statewide laws to keep the peace and quiet.
Contact Bill Barlow:
609-272-7290
bbarlow@pressofac.com
X @jerseynews_bill
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