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Friday, October 17, 2014

Anti-Noise Ordinance Is Not Violation of Due Process

Anti-noise ordinance is not violation of due process.
State v Clarksburg Inn ___ NJ Super. ___ 868 A. 2d. 1120
(App. Div. 2005).


The Millstone Township Anti-Noise Ordinance is neither overboard nor vague and, therefore, does not violate the Fourteenth Amendment. This court reaffirms the holding in State v. Holland, 132 N.J. Super. 17 (App. Div. 1975), in which the court held that an anti-noise ordinance that regulates loud unnecessary noises that unreasonably annoy, disturb, injure, endanger and are audible may utilize general language to notify the public of the conduct that is proscribed. An anti-noise ordinance does not violate the due process clause of the Fourteenth Amendment as applied if, in balancing the reasonableness of the conduct against the rights of citizens to be free from the nuisance of excessive noise, the noise is found to be objectively unreasonable.


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