Ordinance Silences Background Music In Asbury Park Businesses

ASBURY PARK, N.J. (CBSNewYork) -- Asbury, New Jersey is synonymous with music, but some businesses were recently told to turn all their music off.

As CBS2's Elise Finch reported, performance venues like the Wonder Bar and Stone Pony had to comply with all city sound ordinances just to open their doors. Now, other bars and restaurants are being told to do the same or face hefty fines.

It is eerily quiet at the Toast restaurant on Cookman Avenue in Asbury Park.

"We usually have background music, which we are no longer allowed to play," said Toast restaurant owner Amy Russo Harrigan. "Doctors' officers, boutiques, salons restaurants, bars -- doesn't matter what it is – no background music unless you file a sound mitigation report."

Russo Harrigan was one of many business owners to receive a letter of violation for not having a sound mitigation report. The ordinance requiring them was intended to reduce the noise that Asbury Park central business district residents endure from improperly soundproofed venues that host live bands and DJs.

But a challenge of the ordinance by one business owner resulted in a crackdown for everyone.

"For the city of Asbury Park to unilaterally say turn off all the music, in the city where music lives, is a little outrageous," said Pat Fasano, owner of the Capital Line restaurant.

"No music?" said Gene Binda of Sea Bright. "What kind of good time are you going to have without music?"

Violators were given 10 days to comply or face fines of up to $2,000 per offense

"Another instance of following the letter of the law, as opposed to the intent of the law," said restaurant patron Elizabeth Kinder.

The sound ordinance was intended to prevent conflict between residents and business owners in the central business district. It ended up creating conflict between business owners and the city.

"We aren't paying attention to the importance of the business owners in this city, and how they've created the new revitalization of Asbury Park," said business owner Marilyn Schlossbach.

Asbury Park city manager Michael Capabianco said the sound ordinance is poorly worded, and said it is in the process of being rewritten.

City leaders hope the changes they're making hit the right note with people, and bring music back to every bar and restaurant.

The changes to the Asbury Park sound ordinance will be presented at an Asbury Park City Council workshop Monday night, and voted on at the City Council meeting on Wednesday.