What a Letter our legal team drafted and sent on behalf of our community! Read, share, and bring attention to our effort! Ask your neighbors to sign our unity petition in support of our campaign for environmental justice. Senator Gopal and others are now reaching our town council and mayor with our concerns, we deserve peace and emergency systems that we can trust and do no harm. Together we can win for everyone!
Environmental Justice Initiative
New York Environmental Law & Justice Project
affiliated with National Lawyers Guild Environmental Justice Committee
Joel Richard Kupferman, Esq. Executive Director
Columbia Fiero, Documentarian & Editor
01 West 107th ST Suite 4W New York NY10025-2793USA
envjoel@ix.netcom.com info@nyenvirolaw.org
www.nyenvirolaw.org https://www.facebook.com/EJIforHAITI/
F: 212-658-9540 Cell: 917-414-1983
* 501(c)(3) tax-exempt
July 15, 2024
Mayor Rachel McGreevy
Office of the Mayor
Neptune City Hall
106 West Sylvania Avenue
Neptune City, New Jersey 07753
Dear Mayor McGreevy, Neptune City Town Council Members Danielle Pappas, Brian Thomas, Pamela Renee, Glen Kocsis, Scott Dellett, Dana Farley, and Senator Gopal,
We are writing to you on behalf of the residents of Neptune City to address the ongoing public nuisance and disruption caused by the public alarm notification device, believed to be the model WPS-2804 produced by Whelen Engineering, or a similar device. This alarm, operates at approximately 118 decibels chronically exposes its residents at an unhealthy level and is located in very close proximity to residences, workplaces, the town library and municipal center, a neighborhood church, schools, and various small businesses and recreation areas. We would also like to schedule a meeting with the mayor, Senator Gopal, and town council, including the council designated horn liaison, Brian Thomas, to discuss this issue and work collaboratively to eliminate the ongoing noise pollution caused by the alarm system.
We, Environmental Justice Initiative (EJI), counsel and represent groups, first responders, municipalities, workers and individuals concerned with the preservation and improvement of community environmental conditions. We believe the ongoing incessant blaring of the public alarm notification device has caused considerable nuisance and adverse health effects within the community. Residents have reported being startled and alarmed, with both children and adults experiencing significant disturbance. EJI was notified that complaints filed by residents were met with apparent dismissive or hostile responses, and residents have been accused of being anti-first responders when they raise concerns about the alarm’s impact on their peace and well-being. Our prior success regarding the 9/11 World Trade Center litigation has familiarized us with the work, duties and vulnerabilities of first responders. However, in this case, we have learned that the town's first aid squad is no longer operational, with EMS services now provided by neighboring Neptune Township. The town firefighters, a volunteer squad, primarily use the IRespond app for communication. Despite this, the alarm continues to be used frequently and inconsistently, often without any apparent real need or clear purpose after reviewing town and county records. Our understanding from previous litigation and scores of studies also indicates that this type of noise is neither effective nor safe for the community.
Noise is a recognized public health hazard. The Noise Control Act of 1972 declared that “it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare.”[1] The United States Environmental Protection Agency (EPA) defines noise as “unwanted or disturbing sound”. New Jersey law allows municipalities to regulate noise through local ordinances, provided these ordinances are more stringent than state regulations and have been approved by the New Jersey Department of Environmental Protection (NJDEP). State v. Krause, 399 N.J. Super. 579.[2] However, the Neptune City noise ordinance does not establish a noise threshold and is not more stringent than state regulations. The New Jersey Noise Control Act of 1971 authorizes the NJDEP to adopt noise standards to ensure an environment free from unnecessary noise. Malhame v. Demarest, 162 N.J. Super. 248.[3] Even if Neptune City claims that the noise is for emergency purposes, town records reveal that much of it is unnecessary.
Noise-related problems include stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and reduced productivity. While Noise Induced Hearing Loss (NIHL) is the most commonly discussed health effect, research has shown that exposure to constant or high levels of noise can lead to numerous adverse health effects.[4] Children, especially, are prone to noise damage. Children have smaller ear canals than adults, which intensifies higher frequency sounds. The concern extends beyond just volume; it's also about the duration and frequency of children's exposure to noise.[5] Background noise can disrupt cognitive tasks, particularly short- and long-term memory. Exposure to loud noise has lasting effects on cognitive functions such as memory, attention, and reaction time, even after the noise ceases. Additionally, noise negatively impacts speech comprehension and intelligibility. The constant blaring of high volume of noise also negatively impacts first responders and city workers who are in a closer vicinity of the noise, which also reduces the capability of efficient emergency response.
In the case of Ruiz v. Mero, the New Jersey Supreme Court discussed the legislative abolition of the firefighter's rule, which traditionally barred first responders from recovering damages for injuries sustained in the line of duty. The court highlighted that statutes N.J.S.A. §§ 2A:62A-21, -22 provide first responders with the right to recover damages for any injuries sustained while responding to emergencies, indicating a legislative intent to offer broad protections to first responders.[6] Therefore, the city and its officials could be held liable for any damages caused by noise pollution to first responders, given the broad interpretation of the statute.
Moreover, the town has never posted a formal notice, excluded town’s engagement in the procedure and failed to provide any updates explaining what the alarm signifies. Neptune City, a coastal town, faces an increased flooding risk exacerbated by the climate crisis. The alarm could indicate serious issues, such as the need for evacuation, but because residents don't know what the alarm signifies, they are unsure how to respond. Additionally, the constant blaring of the alarm for unidentified and unnecessary reasons makes people indifferent to its warnings.
The town has also identified itself as a wildlife sanctuary, including the resting site of the American Bald Eagle but the high volume of the alarm disrupts and adversely impacts the fauna in addition to its residents. This ongoing environmental justice issue, coupled with the town's lack of response, must be addressed to protect its residents, wildlife, and ecosystem.
The residents in Neptune City formed a coalition called Peace in Neptune City, which has documented frequent, non-emergency activations of the town horn since September 2023, noting its unnecessary use outside of emergencies and its inactivity overnight. Despite reporting these issues to local officials, including Council President Danielle Pappas, Town Council Member and Fire Commissioner/Horn Liaison Brian Thomas, Councilperson Pamela Renee, Town Administrator Al Jardine, and both the previous and current mayor, community concerns were ignored. For example, during a state of emergency in January 2024, the horn's use did not correlate with actual emergencies, raising concerns it might cause them. Subsequent investigations revealed many horn activations lacked corresponding emergency calls. A former first responder and health advocate, resigned from her position, in response to the absolute failure of the town to eliminate the obsolete and harmful alarm system. She further advocated for modern alert systems to prevent public health hazards.
The use of the alarm appears to increase in response to community complaints, which has been perceived as punitive. EJI has also learned of a particular incident when a former fire chief passed away, the alarm’s use intensified despite previous periods of silence. This further raises concerns about the motives behind its activation and the lack of transparency from town officials regarding its purpose.
All the above statements, letters and action by the community shows nuisance caused by the fire alarm system. The community, distressed by the alarming noise and the nonchalance of the officials, cannot be silenced. This is an environmental issue that disrupts the community’s peace and well-being. To address the communities’ pain and suffering caused by the alarm system, residents have taken steps including launching a Change.org petition and engaging in extensive communication with town officials. Despite minimal response from your office, communication and transparency has been lacking, and the issue persists. The horn continues to disrupt daily life, with no clear system or policy in place for its use.
Given the substantial evidence that the alarm is unnecessary and hazardous, we request that it be decommissioned in favor of more modern and less intrusive methods of communication. The circumstances that currently trigger the fire alarm do not constitute an emergency. Furthermore, this level of sound is dangerous to public health and exceeds New Jersey's sound ordinance limits. The town council’s decision, made without prior discussion with its members, reveals the weak mayor structure of the city, which endangers the lives of its residents. The town officials are responsible for the residents' suffering and will be held liable if this issue is not addressed promptly. We would like to arrange a meeting with the mayor, council members and Senator Gopal to collaboratively address and mitigate the ongoing noise pollution.
Thank you for your attention to this matter and for your continued efforts to support the well-being of our community. We look forward to your prompt action and a peaceful resolution to this issue.
Sincerely,
Joel R Kupferman, Esq.
Executive Director, Environmental Justice Initiative
Anindita Das
Legal Intern, Environmental Justice Initiative
cc
Aaron Kleinbaum, Assistant Attorney General
State of New Jersey, Office of the Attorney General
Christopher P. Merkel, M.P.H.,
Public Health Coordinator, Monmounth County Health Department
Eric Zwerling, Director
Rutgers Noise Technical Assistance Center
Bob Hennelly
Journalist
[1] 42 U.S.C. 4901
[2] State v. Krause, 399 N.J. Super. 579, 945 A.2d 116 (Super. Ct. App. Div. 2008)
[3] Malhame v. Demarest, 162 N.J. Super. 248, 392 A.2d 652 (Super. Ct. 1978)
[4] Environmental Protection Agency, Clean Air Act Overview: Noise Pollution, https://www.epa.gov/clean-air-act-overview/clean-air-act-title-iv-noise-pollution#:~:text=Health%20Effects&text=Problems%20related%20to%20noise%20include,sleep%20disruption%2C%20and%20lost%20productivity
[5] Balk, Sophie J., et al. "Preventing excessive noise exposure in infants, children, and adolescents." Pediatrics 152.5 (2023): e2023063753.
[6] Ruiz v. Mero, 189 N.J. 525, 917 A.2d 239 (2007)