Hoboken to institute ‘Outdoor Amplified Sound Permits’ for waterfront businesses

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The Hoboken City Council has adopted an ordinance that would institute an “Outdoor Amplified Sound Permit” to reign in noise pollution from the waterfront affecting uptown residents, although not without pushback from popular summer spot Pier 13.

Instagram photo.

By Dan Israel/Hudson County View

At Wednesday’s meeting, 5th Ward Councilman Phil Cohen recalled how he and 2nd Ward Councilwoman Tiffanie Fisher had discussed the impacts of the ordinance on bars and establishments.

Specifically, the measure would have a “unique” impact on Pier 13, and Cohen asked the councilwoman if she had gotten in touch with them, to which she said she had not.

“What’s unique about the uptown waterfront versus maybe the downtown waterfront, is it has the highest residential density in the City of Hoboken, directly on the waterfront,” Fisher said.

“So, is it a residential area? Is it a tourist area? It’s always striking that balance. And I can tell you that the thing that blows up my phone the most is when the noise is excessive on the uptown waterfront.”

According to Fisher, the frequent noise complaints she receives from uptown residents in her ward are about Pier 13, which she asserted is also is violation of city code, she added, despite measures passed in recent years aimed at curtailing setting off fireworks from the pier due to proximity to residential buildings.

“It’s very disruptive. We’ve had events that have just had really loud microphones or very loud music that have disturbed the residents up there,” she claimed.

The ordinance says that “outdoor amplified sound can travel considerable distances across open waterfront areas and affect nearby residential properties, even when activities are otherwise lawfully conducted.”

As such, the council finds that requiring an Outdoor Amplified Sound Permit will “establish clear expectations for event operators, encourage responsible operation, and provide the city with reasonable tools to promote compliance with permit conditions.”

Single event permits would cost $75, monthly permits $250, and non-profit organization permits $25.

Under the ordinance, amplified music intended for entertainment, performance, commercial recreation, health club use, or group fitness and wellness activities cannot begin before 12 p.m., and is strictly prohibited during any morning hours.

Amplified speech or public address announcements utilized exclusively for event direction, event coordination, or participant safety can begin no earlier than 7 a.m., exclusively for a Single Event Permit and is strictly prohibited for any activities authorized under a Monthly Permit.

Further, amplified sound must end no later than 10 p.m. and speakers must remain in approved locations.

During public comment on the ordinance, uptown resident Sally Golding spoke in favor of the measure.

“In order to enforce the outdoor noise ordinance, there must be a clear process and penalties for those who choose to ignore it. My frustration with the loud music and DJs from Pier 13 has reached a tipping point,” she said.

According to Golding, the noise levels has grown worse over the past two years, and she said management has ignored complaints to remedy the problem.

On behalf of Shipyard Associates, the operator of Pier 13, attorney Nicole Doria, of Connell Foley LLP, urged the council to not adopt the ordinance.

“My client does not oppose reasonable noise regulation. The city should regulate unreasonable noise. But there is an important distinction between regulating noise and requiring a permit from the city to make sound,” she declared.

According to Doria, Hoboken already has a citywide noise ordinance, that regulates noise and includes enforcement mechanisms.

“This proposed ordinance, J-70, does not replace Chapter 133, it layers a new permitting system on top of it but only for businesses and activities located in one zoning district, the I-W Zone,” Doria said.

“So for Pier 13, this is not actually a second layer of regulation, this is actually a third. Pier 13 is already subject to Chapter 133, as well as conditions regulating events and noise that were imposed through the planning board approvals more than a decade ago.”

Doria questioned what problems the new ordinance would solve that Chapter 133 and existing land use approvals wouldn’t already address.

Doria said that, if the city believes Chapter 133 is inadequate, the council should first identify the specific deficiency, explain the need for additional regulation, and adopt standards that are “even-handed, clear, and predictable.”

However, other residents said it wasn’t just Pier 13, but other businesses uptown and even pointed blame at one point on out-of-towners who come to visit Hoboken.

After public comment, Fisher reiterated much of what she said in caucus.

“It’s balancing the residents who live in the area with the people who visit the area, and it’s always trying to strike a balance. I don’t get calls from neighbors saying, ‘Shut down Pier 13,'” Fisher explained.

” … What I get calls from is a neighbor when there’s an event at nine o’clock in the morning playing house music with subwoofers directed at all the residences … I get calls when fireworks get launched from the end of the pier and like blow out all the windows, wake up babies, scare the heck out of dogs … I get calls not all the time from Pier 13 when their music is excessive.”

Fisher said it’s “extreme sound” that this ordinance is targeting, and that she has been speaking with management at Pier 13 about reaching an appropriate volume level for years, but it hasn’t happened.

According to Fisher, Pier 13 would come in and apply for the monthly permit, but wouldn’t be that expensive, only $1,200 for the season for a “very profitable” bar, and that the permit is meant to be easy to get, and easy to keep.

“If the police are called, and say ‘Turn it down,’ and they don’t, they can get a violation for it,” she noted.

The councilwoman continued that she’s tried to be a partner with Pier 13 and wants the business to be more integrated with the community, but residents are frustrated by the lack of consideration from Pier 13.

Cohen also weighed in, indicating this could be accountability tool for businesses, but urged fairness for Pier 13.

“It’s one thing to say that, when you have a business model and a business plan, that there’s a set of rules and you have to comply with those rules. And it’s another thing to change the rules in the middle of the game, and then to only apply it targeting a specific business, which I think raises concerns,” he stated.

“I don’t get calls from neighbors saying, ‘Shut down Pier 13.’ We try to be a business-friendly community. I’m not saying the issues aren’t real, but I’d like to know more about what kind of enforcement we’ve done, what kind of violations they’ve had in the past.”

Cohen said he remembered when Pier 13 opened, they had speakers pointed at his ward but adjusted their direction after complaints and the issue was resolved.

“I think it’s disingenuous to say, ‘It’s not a big deal,’ or even question they would want to bring their lawyers here when you’re talking $250 a month,” Cohen said.

“For a business that operates on a business plan with outdoor speakers, this means a minimum of $2,000 a year just for permits.”

Cohen also said that is a significant amount and penalties increase to over $1,000 by the third violation.

“What I’m saying is, I’m not opposed to the concept of this, but I don’t like the way this has been executed,” he added.

Cohen concluded the intention was good, but it could still prompt litigation, which Councilman at-Large Joe Quintero agreed with, but remained in support of the ordinance.

According to Quintero, he thinks the intended consequences are not to keep a certain clientele out of Hoboken, but turn the noise down from “an 11 to a 7.”

“The town in general just could be a little bit more quiet, and studies show that if it’s a little bit more quiet, then it kind of lowers our cortisol and we’re all a little happier,” Quintero explained.

“But I was a little anxious hearing that, ‘Oh, it’s not from people, it’s the others who are coming.’ That kind of language kind of raises the hair on the back of my neck, and I don’t think that was the ultimate intention of this.”

Quintero felt this would turn the subwoofers down at Pier 13 while hitting them with some fees, which he said may be a burden but they’ll survive.

He also felt is an easier mechanism for enforcement, so if there’s an issue they can fine those businesses without a permit.

Quintero concluded if this works out well, he would be in favor of expanding it to other parts of Hoboken, but would reverse it if it killed business.

Councilman at-Large Steve Firestone said the waterfront is expanding over the next couple of years and it’s wise to discuss the city’s intentions for the area from all angles.

On the other hand, 3rd Ward Councilman Mike Russo noted he was the only person to vote against the ordinance on first reading because he disagrees with Fisher on “every point that she makes” in this instance.

“I think there should be accountability. I think that there are laws in place that should be strengthened and I have no problem doing that,” Russo said.

“And hopefully, regardless of the outcome of this tonight, I’d like to do that citywide because I think the entire city deserves that.”

Russo said he initially objected due to the fees associated with the new permitting process, noting that it was another example of making Hoboken unaffordable for residents and businesses alike.

Corporation Counsel Diana Jeffrey then interjected to share Cohen’s concerns about potential future litigation from Pier 13 in response to the ordinance.

“The remarks made by the attorney from Connell Foley strongly suggest that they are considering or plan to mount a challenge during the estoppel period, a prerogative action challenging this ordinance,” Jeffrey said, noting that she would like to prepare a legal opinion prior to a vote, therefore she recommend tabling the measure.

Fisher said the previous corporation counsel reviewed the ordinance before it was on the agenda, in addition to Business Administrator Jennifer Gonzalez, Police Chief Steven Aguiar, as well as numerous other city officials.

She then accused Cohen of acting as a litigation attorney on behalf of Pier 13 to stipulate the ordinance is targeting their business, when she said it is not, adding that they should not be afraid of a legal challenge.

Public Safety Director Kenneth Ferrante, a former police chief, also addressed the matter before the governing body.

“There is no municipal court judge that wants to hear about a noise complaint that’s earlier than 11 p.m. on a weekend,” he said.

“That’s the reality. So, we always tell the resident if after the police get the music lowered, if it resumes, you have to call the police again. The police will go out a second time, do a tavern report, the tavern complaint get sent to ABC.”

According to Ferrante, the Hoboken Police Department responded to 1,140 loud noise complaints since June 1st of 2025 and 32 of those were directed at Pier 13 over that 14-month span.

“Say five callers coming in a night, that would still be one incident. This is a place that closes at eleven at night.”

Ferrante said he has discussed putting police officers out front of Pier 13, but noted with 120 liquor licenses in the city, most are concentrated in the 1st Ward.

“We’re not getting fights, we’re not getting underage drinking, we’re not getting people passing out,” Ferrante spelled out.

“ … The liquor license back in 2014 was for an occupant of just the boat house, which was like for 48 people Something happened between ’13 and ’14 during the first term of Mayor [Dawn]  Zimmer’s administration before I became chief that changed the occupancy well over a thousand and let the entire pier be a liquor license. That is where the issue came.”

He reiterated that the establishment does not typically have issues such as fights or underage drinking.

Fisher disputed the number of phone calls listed by Ferrante since she said she called personally that number of times, but he repeated that phone calls for the same incident all count as one, adding that the issue at hand is excessive noise, not other conduct.

“What this feels like is people that are trying to not be respectful of the respectful of quality of life issues in the 2nd Ward and it’s mind boggling me,” Fisher said.

“This isn’t going to take away Pier 13’s business, right? This is going to piss the Barry’s off. That’s it.”

Ramos asked, if this passes tonight, what would change in 20 days with enforcement as compared to now, to which Ferrante said there would be a different summons to issue but not much otherwise.

“They would still go and give an initial warning like we do for all 120 establishments. A second time, they would check to see if the caller wants to be the complainant. Nothing new is going to happen,” Ferrante responded.

“If the caller wants to be a complainant or complaint on first call, they’re allowed to. If they want to leave it to the police, the police aways say we want to get there at least twice. We want to give every business a chance to lower.”

Cohen then summarized that Jeffrey has asked to wait two weeks, and since it has been in the works for 11 years per Fisher, it should be able to wait until the next meeting.

“Councilwoman Fisher claims that I’m a lawyer for Pier 13, I assure you I’m not,” Cohen said.

“But what I am is a lawyer who listened to their lawyer and heard issues and the issues sound like potentially legitimate issues that we should get a response to from the counsel for the city. I care about protecting the City of Hoboken from a lawsuit that we might get an answer to.”

A motion to carry the ordinance for two weeks failed 3-6, with Cohen, Quintero, and Councilwoman at-Large Caitlin Layson voting yes.

On the actual vote on the ordinance, the council voted 6-3 with Cohen, Layson, and Russo voting no.

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