PLUMSTED – The sounds of gunfire and the risk of ricocheting bullets brought residents to a recent Township Committee meeting to share their concerns.
Vickie and Gary Biasi of Jacobstown Road brought up complaints related to excessive noise in their neighborhood and a potential risk related to gunfire.
Plumsted has a new noise ordinance and Vickie Biasi asked how it was regulated. The township does not have a decibel meter.
Township Attorney Jean Cipriani said “we have a noise ordinance of general application. It requires evidence and that is something that may apply to your situation. I know the municipal judge had a different view on that so I’m trying to get that straightened out. It comes down to evidence that you show to the court that the noise is unreasonable.”
Cipriani stated such cases usually involve the gathering of testimony and a recording of the sound disturbance and at what time it occurred plus the source point of the noise.
Mayor Dominick Cuozzo said two township agencies are involved in enforcing the ordinance, the code enforcement office and the police department who would take testimony and make it a matter of record. He also suggested the collection of evidence and urged that a citizen’s complaint be filed.
Gary Biasi thanked resident James Hagelstein for helping to arrange a meeting with his neighbors concerning another matter and the subject of a fire berm came up. Biasi asked his neighbor if anyone inspected the berm to make sure “it was up to par.”
“He said (Police) Chief (Earl) Meroney came by. I wanted to know what his qualifications were to make sure it was a safe berm to shoot at?” Biasi said.
“One of the officers who came out to our house when we did complain, said they weren’t weapons experts, so if you aren’t weapon experts, how are you berm experts?” Biasi asked.
Chief Meroney who was present at the Committee meeting said he did not inspect the berm but had come out to gather details of the complaint. “I’m not a berm expert.”
Biasi said he was concerned about the possibility of a ricochet and asked why “our neighbors didn’t get any letters telling us that you have a neighbor behind you who will be shooting.”
“There is a difference between a firearms range that will be used commercially,” the mayor said.
Biasi replied, “He is a private firearms range and he should still have to fall under guidelines because he has an FFL (Federal Firearms License) license and he could shoot anything he wants. He can blow up anything he wants and we have to be okay with this.”
“There are loopholes with these things but he is not technically breaking any laws,” the mayor responded.
Biasi replied, “so it is not a problem until something ricochets and hits one of my animals, me, my wife, or one of my kids and then it becomes a problem. I guess we have to wait for that to happen in order for it to be a problem before it can be resolved.”
Mayor Cuozzo said, “it is hard to convict someone of a crime they haven’t yet committed.”
Biasi said he wanted someone qualified “to look at his firing berm to make sure it is okay for all the surrounding residents. Do you agree or do you disagree?”
“You are the one who said you have a great relationship brokered by Mr. Hagelstein with your neighbors so I would encourage you to sit down with your neighbor and maybe Mr. Hagelstein can broker that as well,” Cuozzo said.
“But your chief approved it,” Biasi responded.
“You told me you had a solution. I encourage you to keep on going with your solution,” the mayor added.
“Because you guys are not going to do anything. You are just going to use your Judge Judy gavel,” Biasi said.
Mayor Cuozzo responded, “I love Judge Judy by the way.”
Brown Lane resident Brendan Campos asked “is there a Second Amendment ordinance in Plumsted Township?”
Mayor Cuozzo said “there was a resolution passed years ago called a Second Amendment Sanctuary, first by Ocean County and then Plumsted Township.”
Campos asked if a veteran’s weapons could be confiscated by the police department. “Is that still enforceable in a second amendment sanctuary? Does that apply to the police department?”
Cipriani answered him saying, “I obviously don’t know any of the facts here but there is nothing in that resolution that would supersede criminal laws.”
