Noise and Sidewalk Cafe Ordinance Meeting Recap: 2-8-2010

Last night on the 2nd floor at the Garden of Eden, Mayor Zimmer, Zoning Officer Ann Holtzman and Police Chief Falco were on hand to answer questions about two new proposed ordinances that are in the works: Noise Control and Sidewalk Cafe. The crowd of around 60 residents asked questions and raised most of their concerns
about the noise control ordinance after brief opening remarks by the Mayor.



Dawn Zimmer speaks to constituents.



Concerns such as motorcycles without proper mufflers, bar patrons on lower Hoboken on weekends around closing time 1-3am, dog walkers, excessive police and fire sirens, construction noise, recycling noise, and surround sound just to name a few. Feelings on the SideWalk Cafe ordinance time changes were mixed. One option would allow for longer hours on the weekends but shorter hours during the week. Some residents were OK with it and others did not like it.

Aside: Lane Bajardi makes an appearance! Where is that Muzzle?

One resident that did not like the changes in the Sidwalk Cafe ordinance of course was purple pillow plopping party pooper Lane Bajardi who was flat out against it. It should be noted that Lane Bajardi doesn't actually live near a sidewalk cafe but he is against the changes nonetheless.

So much for the silence of the Bajardi. He was at the meeting with a video camera but I dd not see him taking any video. Looks like the Hoboken411 hit squad will have to wait for another meeting to bash Dawn Zimmer via multi media.

Mayor Dawn Zimmer and Hoboken Police Chief Falco address the questions on enforcement.

Here are the fact sheets on the two ordinances as they stand right now. Keep in mind these could be subject to change before first reading in subcommittee, after first reading or even before the second reading based on feedback and City Council people making changes. The City Council has final say on these two pieces of potential legislation. Kudos to Ann Holtzman who went above and beyond her duty as Zoning Officer to do the research to bring Hoboken's Noise Control ordinance hopefully into compliance which it is not currently. The Noise Control Ordinance would have to be approved by the state before being enforceable.


Ann Holtzman did the research and legwork for both of these proposed ordinances.



NEW NOISE CONTROL ORDINANCE - FACT SHEET

The new noise ordinance provides for two levels of enforcement, where previously there was only one.

• Noise Control Officers (NCO) - are qualified professionals who are trained to perform noise enforcement activities; more specifically the enforcement of noise control from sources where a noise level meter reading is necessary.
• Noise Control Investigators (NGl) - are employees who are knowledgeable about the noise ordinance and enforcement procedures, and who can enforce sections of the ordinance that do not require the use of a sound level meter. ln Hoboken those officers and agents of the city with the authority to enforce are: Building Code Official(s), Zoning Officer, Health Officer(s), Environmental Health Specialist(s),Public Health Investigator(s), Police Officers and members of the Office of Emergency Management.

Noise enforcement that does not require the use of a sound level meter is defined as "plainly audible." These are noises that can be heard, unaided by the human ear. The specific activities and standards which may be enforced are listed in sections § 133-9 and § 133-10 and include such things as:

• Construction noise, noise from power tools and other motorized devices; hours that are permitted for use and operation;
• Music and other noise operated on a public space or right-of-way that is audible at 50 feet during the day, or 25 feet over night;
• Excessive barking and howling of pets;
• Operation of vehicles or motorcycles without mufflers as originally equipped
• or equivalent as regulated by Federal Parts standards;
• Music from vehicles, moving or stationary;
• Idling of commercial vehicles; and
• Honking of vehicle horns.

* Violations defined as "minor" violations shall receive a Notice of Violation with a specified period of time in which to mitigate the violation. If the violation persists or is unmitigated, then the violator will be issued a Notice of Penalty Assessment (a ticket).
* Violations .that are "non-minor" violations shall have no grace period for mitigation; a Notice of Violation shall be issued, and a Notice of Penalty may also be issued. Any repeat offenders shall be assessed a penalty whether the violation is corrected immediately or not.

HOBOKEN SIDEWALK CAFE ORDINANCE - FACTSHEET

1) Hours of operation are yet to be finalized.

• Option 1: Staggered closing times, 10:00 p.m. Sun-Tue (exception to be made for Sunday evenings of a 3-day federal holiday weekend), 11 :00 p.m. Wed-Thurs, and 12:00 p.m. Fri-Sat.
• Option 2: Leave the closing time at11 :00 p.m. 7-days as it is currently.

2)  Dates of operation are changed to lengthen the season slightly. Opening date is changed from April 1 to "the Wednesday after the first Saturday in March" (addition of approximately 3 weeks). Close is changed from November 30 to "the second Monday in December" (addition of approximately 2 weeks).

3) Licensing fees are revised to charge those cafes who are using more public right-of-way more and those who use less, less.

4) Current fees are $300 for 16 seats or less; $400 for .. over 16 seats.

5) New fees structure is a base fee (up to 12 seats) of $300; cafes with 13 or .. more seat will pay an additional $25 per seat.

6) City of Hoboken is working on changing the procedure so that the Zoning Office will handle all fee transactions eliminating the need to run back and forth from the zoning office to the clerk's office. One stop.

7)  A letter of good standing will now be required from the ABC Board, confirming the applicant is permitted to sell alcohol and that the proper service area amendments have been approved by the State of NJ.

8) Restaurants, bars, taverns, pubs and nightclubs are defined in the new ordinance. Only those establishments that are qualified restaurants and food establishments will be issued a cafe license.

9) Other rules and regulations are consistent with those that were issued by the Zoning Office to each applicant in 2010.

Hoboken Patch covered the event as well:
http://hoboken.patch.com/articles/city-to-introduce-new-noise-ordinance-ssshhh

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Noise and Sidewalk Cafe Ordinance Meeting Recap: 2-8-2010