Berkeley Heights proposed noise ordinance gets silenced

Tracy Ness/Independent Press

BERKELEY HEIGHTS – It was a noisy affair at last night’s Berkeley Heights Council meeting as residents packed town hall to find out if a proposed noise ordinance would ban events such as the Mt. Carmel Fair, parades and Friday night football games. Mayoral candidate John Bonacci got an earful too from his fellow council members, council candidates and Board of Education Vice President John Sincaglia.

At issue was a revised noise ordinance brought to the council table by Bonacci after stating that, “our current noise ordinance is illegal with the New Jersey State statutes and our lawyers had to re-write it.” The proposed ordinance states that “Self contained, portable, hand held music devices, non-portable device, radios, televisions, phonographs or sound amplification or reproduction equipment may not be operated in such a manner as to be plainly audible at a distance of 25 feet in any direction between the hours of 8 a.m. and 10 p.m.” The ordinance defines a noise disturbance as “any sound which annoys or disturbs a reasonable person with normal sensitivities.”

During the public comment section, BOE Vice President John Sincaglia stated that “the restriction is for the entire day and noise that is audible from 25 feet away is almost impossible to avoid. And any sound that annoys a reasonable person? What in God’s name does that mean?” Candidate for Council Tom Pirone asked for the ordinance to be withdrawn. “Events such as the Boy Scout Camporee, outdoor High School graduation, Relay for Life, block parties and the classic car show fire department fundraiser would not be allowed if this ordinance was put into effect,” he said. “All of these events make our town a community.”

Bonacci stated that while he brought the ordinance to the council, he did not write it. “I was led to believe that this was a better ordinance then the one we had,” he said. “I like to study something after it has been introduced.” Council Member Kevin Hall shot back, “when a council person is introducing an ordinance, the assumption is that they have read it and are endorsing it.” Sincaglia asked Bonacci to do his homework. “Don’t put some canned item on the agenda and then not stand up for it.”

Council member Elaine Perna jumped into the fray to clarify the township’s position on its current noise ordinance. “It is not illegal. What our attorney said was that if we changed our current ordinance, it would be subject to much stricter standards,” she said.

There are residents living near the high school who support a tougher noise ordinance and who were represented at the meeting by local attorney Carl Woodward. He stated that the proposed noise ordinance was submitted to and approved by the Department of Environmental Protection in December 2009. He explained that, “There are specific exemptions for public celebrations that are either government sponsored or permitted by the government and those events mentioned tonight could remain as long as they permitted.”

One resident took to the microphone and called the ordinance embarrassing. “The people who live near the high school should have known there would be noise when they moved there,” he said. “Maybe they should consider moving.”

Having taken the brunt of the criticism, Bonacci stated that he had read the ordinance and would go ahead and introduce it for a council vote. “There is plenty of leeway in there. Maybe we can make the Relay for Life or a football game a public celebration,” he said. The introduction of the ordinance was defeated with only Bonacci and Council Member Gerry Nelson voting yes.

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