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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Noise Ordinances Help Keep The Peace
Stuart Lieberman, Esq.,

Many municipalities have local noise ordinances. These ordinances require that property owners keep noises at a certain level so as to not upset neighbors. As we become more and more congested, these ordinances become more and more important.

It used to be that nobody used a noise ordinance for much of any purpose. In fact, most people were not even aware that noise ordinances existed. However, in recent years there have been more and more creative uses of these noise ordinances to retain a sense of calm.

In fact, noise pollution is just like any other kind of pollution; it can make people frustrated and unhappy at its best, and ill at its worst. Noise ordinances serve an important function and should be utilized when necessary.

Airports have been a frequent target of noise reduction ordinances. Recently, Love Field in Dallas, Texas was involved in court hearings with a number of neighborhood organizations that attempted to reduce the number of flights at the airport. Neighborhood organizations opposed flight increases on the Environmental grounds that included noise pollution. There have been many cases throughout the Unites States in recent years in which noise ordinances and state statutes relating to noise have been invoked in an attempt to curtail the amount of airport traffic.

As air traffic becomes increasingly more congested, expect more of these kinds of cases. Readers who live near airports and experience these kinds of difficulties may wish to consider these local and state ordinances to make sure that they are being complied with.

In a recent decision, a New Jersey couple won an appeal against a builder and obtained an order that compelled the builder to fix defects in the construction which created noise. The noise had come from heating ducts under the floors of several rooms. The builder was required to correct the problems in the workmanship that led to the noise. This case provides an interesting example of a case where a noise ordinance or regulation was successfully used in a construction dispute matter. Many readers have construction defects that result in enhanced noise. Consider a noise complaint in order to obtain satisfaction from a builder who does not want to fix his or her mistakes.

Outdoor entertainment venues have also been the subject of noise complaints. For all of you who live near outdoor entertainment venues, keep this in mind.

Recently, a Rhode Island night club found itself on the wrong end of a complaint. It ultimately had its license suspended for sixty days by the local township authorities for violating a town noise ordinance. It also allegedly operated outside of legal hours.

Noise levels from the club were described as pulsating with an occasional drumbeat. It was alleged that the noise exceeded the maximum allowable 79 decibels. The club owner stated that they ir to comply with the law by sound proofing the club, but that apparently was not enough.

Furthermore, neighbors of an outdoor amphitheatre in Washington State filed a lawsuit against the county and the developer claiming that the proposed amphitheater would cause noise pollution and reduce the quality of life for area residents. This was the third lawsuit filed by the citizens group attempting to stop the project. The group alleged that the amphitheatre would bring unacceptable noise as well as obscene song lyrics and other forms of pollution to the property. On the other hand, the developer alleged that the citizens are overreacting to proposed noise levels.

A luxury California Hotel recently was involved in a dispute with a trendy California restaurant over noise.According to published reports, the restaurant which featured live music, got into a fight with a famous hotel because numerous people who resided there lodged complaints. The restaurant was an open-air restaurant that featured live music. While the restaurant made some attempt to reduce the amount of noise, complaints continued. In fact, complaints began just a short time after the restaurant opened in 1995. The hotel claimed that the live muses was "at a high and invasive levels" and interfered with the guests sleeping. The hotel wanted the noise to stop from 10 pm until 2 am, which seems somewhat reasonable.

Noise ordinances are becoming increasingly more important as we become increasingly more crowded. Noise can drive some people crazy. While it is important for all of us to learn how to live together, it is also important that no neighbor become a nuisance for other neighbors. When neighbors become unduly loud for prolonged periods, look to noise ordinances and noise statutes in order to secure needed relief.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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