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This article briefly explores threshold defenses available in either civil or quasi-criminal matters asserting violations of municipal noise ordinances. While the principles discussed apply equally to residential complaints, the article focuses mainly upon the predicaments faced by al fresco dining, recreational and other outdoor commercial facilities.
Proper Procedural Enactment
In challenging or defending against any noise ordinance, counsel should initially make certain the ordinance has been properly enacted in compliance with the procedural requirements of N.J.S.A. 40:49-2.
