Late Night Noise At Issue In Red Bank

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By John Burton
RED BANK – It’s not just about the noise from neighboring Gotham night club, for Broad Street resident William Doehler, though he alleges that has reached an intolerable level and one that exceeds level limits. “Why do I have to be code enforcement?” wondered Doehler, and how loud is too loud even for the downtown?
Doehler is scheduled to appear in Municipal Court, 90 Monmouth St., on Thursday, Aug. 11 concerning the complaint he leveled against Gotham, 19 Broad St.
He said he had reached out previously to both the borough’s code enforcement office as well as the police and wasn’t getting a satisfactory response. And that led Doehler to file his own complaint, alleging Gotham, a relatively new and popular nightspot, has failed to live up to agreements in his development approval and violates the borough noise ordinance.
“Unquestionably, it’s loud enough to be a nuisance,” at late hours, past midnight, Doehler.
Interestingly enough, the Borough Council at its Aug. 10 meeting is scheduled to hold a public hearing and final vote, and likely passage – after press time for The Two River Times – on an ordinance that strengthens the existing noise disturbance ordinance.
This ordinance lays out that “Any place of public accommodation that plays music, whether pre-recorded or live, for the entertainment of its guests or invitees, shall close all windows, doors and exterior openings and shall cease exterior transmission or such music at 11 p.m. Sunday through Thursday and at midnight on Friday, Saturday and days preceding recognized Federal Holidays…” among other stipulations.
The ordinance doesn’t specify penalties for violating the ordinance.
“I have no comment,” said Gotham co-owner Collin Dudek, then abruptly hanging up, when asked on Tuesday for a response to the complaint and the borough council’s pending action, which would affect his business.
Gotham co-owner Joseph Squillaro could not immediately be reached for comment.
Doehler and his wife live in an apartment in a recently redeveloped retail/residential building on Broad in the vicinity of Gotham. With the coming of the warmer weather in the spring, the nightclub regularly leaves its windows and doors open, with the stereo system music emanating loudly out into the street and into the Doehlers’ apartment, well into the early morning hours on Fridays, Saturdays and Sundays, Doehler said.
He has attempted to add soundproofing, installing three inches of foam rubber to his bedroom windows, hoping to block out the noise. But, “I can’t hear the television in my bedroom,” on those nights.
According to the decimeter readings he’s taken the level reaches above 70 decibels, loud even for a commercial district like Broad Street for an evening, Doehler said. Doehler also has taken video footage detail the sound and activity levels early in the morning.
“I’ve said from the beginning, I understand I live in a downtown business area,” where one has to expect the rumble of traffic, the sirens of fire engines and ambulances and people milling about, he conceded. “Before 11 o’clock (p.m.) knock yourself out,” but after that time of night, it would seem to be a reasonable request to tone it down, he explained.
“What I didn’t bargain for is living across the street from veritable subwoofer,” he said
“I don’t want to put them out of business,” Doehler explained. “I just want some respect and for them to work with me.”
Doehler had broached the subject with borough code enforcement, which suggested Doehler contact the police regarding enforcement for a noise complaint.
A phone call to code enforcement on Tuesday was not returned by press time on Wednesday afternoon.
In a July 5 email response, Police Chief Darren McConnell advised Doehler he should file a complaint with the Municipal Court, allowing Judge William Himelman to make the final determination.
“The police department, as a matter of course, does not issue noise ordinances due to the fact that it is very subjective,” though officers do respond and in the case of extreme situations, get the parties “to abate the problem immediately,” McConnell’s email said. (McConnell did point out that decibel levels in the “high 60’s to the high 70’s – this is loud by every definition.”
Police had responded to Doehler’s call in the early hours of July 10, where the responding officer told Gotham’s manager to close the windows and doors to keep in the noise.
Another problem for police, McConnell pointed out, is the existing ordinance’s vague language.
Doehler said he reached out to the Gotham owners and managers when his complaint was first issued. According Doehler, Dudek had agreed to Doehler’s request to close the doors and windows by 11 p.m.
However, that was short-lived, with the location allegedly going back to having noise escape the open windows and doors.
Gotham received approval from the borough Zoning Board of Adjustment in August 2014, the board’s resolution of approval included references that the establishment wouldn’t have loud speakers outside and that “there will be no music/noise emanating from, or to heard outside of, the existing building,” as well as no outside entertainment.
This situation doesn’t seem to violate the word of those provisions, but would certainly appear to stretch the spirit of it.
“I understand his level of frustration,” Zipprich said, referring to Doehler, given the situation.
Zipprich hoped this ordinance would rectify the situation. “The merchants or venue should comply with that and if code enforcement is not available at that hour at night I would expect our police to pay a visit like they had done to any other venue in the downtown,” the councilman said.
“I would hope the owners of Gotham would be good neighbors,” Zipprich added.