Demonstration of the Absurdity of Millville's Noise Ordinance
12-1-2009
Video compliments of RD Owens.
Transcription:
You have received calls from distraught residents complaining about noise that is having an adverse affect on their quality of life. You have sent out your official to take readings. Mr. Caregnato, in his report given to you on November 2, 2009, stated that his “initial reading (was taken) down wind, so there was no favoritism shown and, as a matter of a fact, we did everything we could to take the readings where the levels would be the highest brought on by the weather.”
{Those of us who live within the 3-mile noise zone are very well aware of the role the wind plays in whether or not we will have a peaceful, relaxing day or get the day from Hell.
With all due respect for Mr. Caregnato, I did a little bit of investigating on these readings. Of those 160 reports taken, 32 were taken downwind, however, 52 were taken upwind and 65 were taken with the wind perpendicular to the monitoring location. All this historic information can be found on Weather Underground.com. This site lists the wind direction every 5 to 10 minutes so a very accurate documentation can be made. This is information anyone can access who has an investigative and inquisitive mindset.
That being said, according to this study, no violations were recorded of the city’s noise ordinance of 80 decibels. The report also states that the levels were below what the state of NJ lists for their model Noise Ordinance of 65 during the day.}
Here is an interesting thing: From day one, all references of noise from the NJMP is couched in numbers. In decibels: “65 decibels is the sound of a normal conversation”; “80 decibels is the sound of a vaccumn cleaner”; “80 decibels is the sound of a telephone dial tone.”
According to both the Shropshire Report and the City’s Noise Study, the average decibel readings are between 45 and 60. And you apparently feel that these are acceptable levels for us to live with.
Does anyone here know what 55 decibels of an unmuffled racecar sounds like in your back yard? (Starts iPod.) Imagine this lasting for 8 to 10 hours a day. Even at this level it comes in through closed windows. There is no escape for those who desire the peace and quiet they once enjoyed.
How about 65 decibels? (Volume raised to 65)
How about 75 decibels? (Volume raised to 75)
In order for noise coming from the NJMP to be in violation to your ordinance it must go over 80 decibels for 20 minutes sustained……..(raising volume to 80- if possible) So I ask you, gentleman, is your ordinance really there to protect us?
If I don’t see you all before then, Have a very, very Merry Christmas.
We filed our lawsuit 22 days later on December 23, 2009.
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the City didn't want you to know...
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TO THOSE WHO SAY NOISE DOESN'T BOTHER THEM:
Can you imagine your neighbor being stabbed and saying - "well it didn't bother me so I can't imagine it hurt that much!” TrackRacket understands that some people are more tolerant to noise than others. If you are not bothered by the noise, that does not diminish our agony and discomfort.
TO THOSE WHO SAY WE HAVE NO ROOM TO COMPLAIN FOR THE AIRPORT IS LOUDER:
The airport noise is intermittent, it comes and goes and last from 20 seconds to less than five minutes. The airport does not impede normal, recreational and necessary activities we perform in our residences. The noise produced by the Air Show (now defunct) was for only one weekend per year. Period. As to the noise produced by the testing of engines from Airworks- this happened intermittently and for only a few minutes at a time. Jet fuel is very expensive and testing was kept to a minimal length of time to save money. It was a sad day when Airworks packed their bags and said good-bye to Millville, tossing many dedicated workers out on the street. The bright side of the loss was that the noise stopped. The quality of live improved tremendously for the surrounding neighborhoods. Why would we want to go backwards?
FOR THOSE WHO CONTEND THAT ONCE YOU HAVE SOMETHING THAT CREATES NOISE (THINK AIRPORT) THAT YOU SHOULD JUST PUT UP AND FANCY MORE:
Suppose you go into a restaurant with a stain on your tie. Waiter comes, and while clearing the table, grabs your tie to wipe some grease from his hands. You are not amused, to put it mildly, but the waiter back in the kitchen says: “I found it ironic that he complained about the grease, when his tie was seriously stained to begin with.”
TO THOSE WHO SAY WE ARE JUST A BUNCH OF WHINERS:
All we want is our voices to be heard and our concerns answered. We have come together as a group because our concerns fell on deaf ears. The Millville City Commission and the Racetrack owners ignored these concerns as well as legitimate statements made by reputable sound experts in the planning stages. They ignored reports that the noise would be “very difficult to impossible for residents to enjoy normal outdoor activities” at decibel levels of 65 at a distance of 3,000- that’s right around the distance to Porreca Dr. from the track’s property line. Instead we get an ordinance that says 80 decibels is an appropriate amount of noise for us to live with. You have feigned concern by adopting a sound ordinance that, as of September 2008, is not approved by the state and will never be approved because the state will not allow municipal ordinances that are more lenient than the standards set into law. We are not whining. We are an organized and motivated group of adversely impacted taxpayers that are ready to voice legitimate concerns and accept only reasonable and effective actions from both the commission and the track.
TO THOSE OF YOU WHO SAY WE WANT TO CLOSE DOWN THE TRACK:
This couldn’t be farther from the truth. We recognize the value and importance this industry can have to the economy of the city and the county. We have considerable amount of research that shows that other racetracks have worked with the community to lessen the impact of noise. The track owners as well as the commissioners are well aware of many solutions. Careful consideration of modifications may prove beneficial to all parties involved. We just want to be able to live in our homes and enjoy, in relative peace and quiet, our time here on earth. To allow a continual growth of an industry that adversely affects such a large portion of the anchored tax base with out adequate protection is unconscionable and inhumane. All we have gotten from our City Officials is stonewalling and empty promises- over and over. It's time for this to stop and deal with the real issues.
TO THOSE OF YOU WHO DEFEND THE NJMP TO MAKE UNRESTRICTED AMOUNTS OF NOISE BECAUSE OF ALL THE JOBS THE INDUSTRY BRINGS:
We say to you that noise mitigation does not prevent jobs, curtailing noise does not impede growth. On the contrary, proper noise mitigation can improve the climate for growth and foster good will within the community. Excessive noise is a detriment to the quality of life for all residents. It is absurd that just because someone is making money they can also make huge amounts of noise.
TO THOSE OF YOU WHO SAY: "WHY DON'T YOU JUST MOVE!"
We say that it’s nice to know our fellow Millvillians are so caring and compassionate. It's also disturbing to know that the racing community as a whole shares this view. There are families that have called this area of Millville their home for generations. Residents have enjoyed a certain quality of life in the quiet neighborhoods that their families have toiled in years of hard work to afford the little pleasures of life. The protection of these rights should have been paramount in the Commissioner’s list of actions when the track was first proposed. This noise pollution brought into their private spaces has robbed them of these rights. The stress, tension and fatigue associated with exposure to long-term noise can result in uncontrollable stress, elevated blood pressure, sleep disturbance, severe depression resulting in a cascade of negative effects. For those who find themselves thusly impacted who have decided to leave, have the additional stress of being forced to sell their houses in an economic turn down of historic proportions at a significant loss. And this is ok for the town officials? This is acceptable collateral damage in this push for jobs?
We were here first and this noise pollution has been thrust upon us! We have all invested lots of time and money into our properties and homes. Families have been raised, churches attended, and farms farmed for generations in this area. It would seem that existing housing should over-ride someone coming in and building something that creates an intolerable amount of noise pollution that lowers our quality of life and factors into lower property values. It is easy for them to criticize us when it’s not their home and property that will suffer from it.
FOR THOSE OF YOU WHO SAY THAT IT IS WHITE NOISE AND THAT YOU WILL GET USED TO IT:
This is not white noise. White noise is a steady, constant low pitch hum, like an air conditioner, refrigerator or an oscillating fan. Noise generated by the motor vehicle traffic on major highways can also be considered white noise as it is constant and does not change in pitch or frequency. All of these vehicles have mufflers that reduce the high pitch of a raw engine. What we are dealing with here is noise that is high pitched, low frequency, erratic whine of unmufflered racing engines that scream around the track. It starts and stops without consistency thus the human brain cannot regulate and get used to.
FOR THOSE OF YOU WHO SAY: "WHAT ABOUT ALL THE CRIME IN CENTER CITY?"
Do as we did- Organize! Friends of Millville has done just that and makes a significant contribution in the cause to reduce crime in the streets of Millville. Like us in our efforts, be a part of the solution.
TrackRacket
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