SEA ISLE CITY – Anne Organ, a local resident, alerted City Council to what she considered a snafu in the enforcement of a municipal noise ordinance. “Municipal court has tossed out one complaint because police could not measure the decibel level. The officers did everything right by positioning themselves 150 feet from the location and observing for 15 minutes what was going on. But because they don’t have decibel-measuring equipment the complaint could not be prosecuted,” said Council president Jack Gibson.
“I heard that the judge said when he dismissed ‘you may have been found not guilty, but you are not innocent.’ I want to recommend that council look into what can be done because the police chief told me this equipment is very expensive,” Gibson added.
Gibson said this is a concern and maybe equipment could be rented rather than purchased.
“The character of Sea Isle City has dramatically changed over the last 10 years when we would prosecute literally hundreds of noise disturbance complaints to this year when it’s been just a handful,” explained Thomas Rossi, municipal prosecutor.
“We are always seeking a balance, which is sometimes a hard line to follow, between people who live and visit in Sea Isle to enjoy peace and quiet and those who are here to party. In the case mentioned at council, the judge was not convinced that there was a violation with some teenagers sitting out on the deck and an adult watching television in the house and that this was an unreasonable noise situation that had been proved beyond a reasonable doubt using objective standards.
“In fact, a decibel-measuring machine is not that effective with measuring noise violations by voice which is the most prevalent type of infraction and is best evaluated by the ears of police officers posted at the prescribed distance from the alleged violation. Decibel-measuring equipment is better at demonstrating noise from machinery such as let’s say a malfunctioning air-conditioning unit.”
Rossi continued, “The town has been re-developed so that where in the past an entire house could be rented for $20,000 for the summer and filled with 30 young people, more families are coming and want a family environment and are not partying during the early morning hours.
“We will continue to prosecute those cases that infringe on everyone’s right when the noise is loud and raucous so that all have the opportunity to enjoy the peace and tranquility Sea Isle offers.”
To contact Camille Sailer, email csailer@cmcherald.com.
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