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Council weighs nuisance ordinance for noise; residents ask for decibel guidance and better enforcement
Summary
Council discussed a draft nuisance ordinance intended to supplement the existing noise rules. Borough counsel warned that adopting DEP-style decibel limits would require certified meters and trained personnel; residents asked for clearer guidance on enforceability and numbers.
The Borough of Old Tappan opened public comment and council discussion on a proposed nuisance ordinance intended to address objectionable noise and other disturbances without adopting the DEP model noise ordinance.
Borough counsel told the body that “if you're gonna do a strict noise ordinance, you have to do the model noise ordinance from the DEP. And that requires a sound pressure meter and certified personnel.” He said courts have upheld nuisance ordinances that rely on whether noise “annoys or disturbs the quiet comfort or repose of persons,” but that strict decibel enforcement imposes equipment and certification burdens for the borough.
Several council members said the draft aims to balance residents who want quiet with neighbors who entertain. Council discussed hours and examples; one member noted the DEP model has explicit daytime and nighttime standards and that enforcement practicality varies by complaint type.
At public comment, resident Ryan Seagull asked about the draft’s decibel ranges and how the rule would apply. Resident Eric Anderson, who identified himself and said several neighbors support his view, asked how many actual complaints exist and said current ordinances give him little guidance: “My first question is, how many actual people are complaining in this town for noise violations or what's perceived as a noise violation?” He urged the council to bring in an expert to advise on objective measures and enforceability.
Council members agreed that bringing a sound measurement professional or other expert to advise would be useful before finalizing the ordinance; no vote was taken. The item was kept in active discussion for future meetings.
Why it matters: the nuisance ordinance would affect everyday quality-of-life enforcement in the borough, potentially changing how police and code officers investigate and cite noisy or disruptive behavior. The council signaled it prefers a nuisance-based approach that avoids the equipment and certification requirements of the DEP model, but it wants expert input on thresholds and enforcement.
