Boro to strengthen law due to noise complaints
Ordinance change follows many complaints against local club
BY VINCENT TODARO
Staff Writer

SPOTSWOOD - After more than a year of complaints and court hearings over noise from a local nightclub, borough officials are taking action.

The Borough Council on Monday introduced an amendment to the town's nuisance ordinance. The move was precipitated by a recent state Supreme Court decision that overturned a Spotswood municipal court ruling against the Kabaret, a Summerhill Road restaurant that becomes a sort of nightclub on weekend nights.

The higher court decision stated that the borough had no probable cause for which to fine the club, according to Council President Curtis Stollen.

The amended ordinance states that residents as well as the authorities may press nuisance complaints against anyone they consider to be making too much noise.

Kabaret's attorney had argued successfully that the ordinance, as it was written, did not allow for residents to press complaints, according to Borough Attorney Gary Schwartz. The trial never got to the point where the judge had to examine that defense, though.

The local decision was overturned because the borough did not have probable cause before issuing the summonses, Schwartz said. Probable cause requires that a resident appear before a judge or administrator before signing a complaint, he said.

Stollen said the lack of probable cause amounted to the borough failing to check off a box.

Residents of Polonia Street, which is behind Kabaret, began calling the police and complaining at council meetings last year after the restaurant opened. This resulted in the signing of complaints, municipal court hearings, and a court-supervised mediation, but residents said the club continued to blare the music late at night. Spotswood Municipal Court Judge Edward Herman more recently found Kabaret guilty of violating the nuisance ordinance, issued a $2,000 fine and ordered that the music be turned off by 10 p.m.

However, Schwartz said he was not sure of the legality of the 10 p.m. limitation.

In addition to spelling out a resident's right to press nuisance complaints, the proposed amendment to the ordinance raises the fine, states that violators may face prison or community service for up to 90 days, and that each day of noncompliance is considered a separate offense.

Resident Fred Marshall said last year's holiday season was a particularly noisy time for the Kabaret. Stollen told him the revised ordinance could not be adopted until mid-December, and cannot go into effect until early next year.