Should people be allowed to do construction work on their homes on Sunday?
In 1993, a resident who was trying to do work on his property discovered that the town ordinance restricted him from working on Saturday or Sunday. In light of the fact that people work other jobs during the week, the council changed the law to allow them to do home improvements on their homes on weekends, but within certain noise limits.
This law was tightened slightly in 1999 when the council increased restrictions on noise levels from those set in 1993. This occurred after the residents on Fifth Street were confronted by overnight running of refrigerator trucks. Under the change, work can be done on homes seven days a week, provided the work does not exceed specific noise levels.
Town Attorney Frank Leanza said the council in 1993 decided to limit noise levels as a way of controlling construction rather than banning work altogether.
People would be allowed to make the most noise between 7 a.m. to 7 p.m. Monday through Friday, and less noise during those hours on Saturday, and still less on Sunday. The noise ordinance in 1993 also restricted the hours more severely on Sunday, allowing construction work from 9 a.m. to 6 p.m.
Last year, residents living near Flanagan Way noticed commercial construction on the Storage Mart was being done seven days a week.
“People came into Town Hall to ask if it was legal,” said Town Administrator Anthony Iacono.
Some residents, like Barbara Napierski from Humboldt Street, complained that construction is going on all the time.
“I would like it to go back to the way it was before,” she told the Town Council at the Feb. 26 meeting, who had complained numerous times, but came to the town meeting when the issue was put on the agenda.
Mayor Dennis Elwell said it would be unfair for the council to do away with work altogether because the law was changed in 1993 to provide homeowners with time to do repairs on their homes.
“The council back then felt that this was a blue collar town and that in the days of Home Depot and home fix-up that people might do as recreation, we could not restrict construction on the weekends,” Elwell said. “We were looking to give homeowners time to perform work, but we were cognizant of people’s right to quiet time, too.”
Re-examining the law to outlaw Sunday construction
The complaints have caused the council to re-examine the law and possibly tighten up the language to make it more clear as to what the restrictions are, and possibly find a better way to enforce the existing regulations. While Iacono said the work on Storage Mart was legal, Councilman John Bueckner said he thought it was illegal.
Iacono said the only way to enforce the noise regulation is use a machine that measures sound, and the person operating the machine must be certified by the state.
“You can have a noise machine, but – like the radar gun police use – you must have certified person operating it,” Elwell said. “The county has offered use of a machine that could be kept in Secaucus and if a problem can be dealt with.”
Elwell said the Town Council should consider training several employees in order to better enforce the law. Deputy Mayor John Reilly, however, said he has received very few complaints about work on Sunday, while Bueckner claimed to have received numerous complaints in a short period earlier this year.
“I wouldn’t want to take away the right for people to do work,” Reilly said. “The work may be enhancing the appearance of the property and neighbors might put up with the noise in order to have a better quality of life.”
Bueckner urged the council to allow work on Saturdays and restrict Sunday.
“Let’s give people a day of peace,” he said. “This way we can give everybody half a loaf.”
The council, however, agreed to put off a decision for six months and to monitor reports to Town Hall or the police department to determine how large a problem is.
“If there is a problem,” Elwell said, “then we’ll seek a solution.”