ELR Citation: ELR 20225
No(s). A-524-71 (N.J. Super. Ct. App. Div. Oct 27, 1972)

A municipal ordinance regulating noise from airplanes hovering and cruising at low levels for sport parachuting is a reasonable exercise of the police power. Since there is no federal regulatory scheme for noise from aircraft in a limited interstate airspace there is no preemption by the federal government. The ordinance proscribes other noises as well, so it is not discriminatory; it need not reach all transient noises.

Counsel for Plaintiff
Stanley Yacker
154 Main Street
Matawan, NJ 07747

Counsel for Defendant
Norman Smith
Smith, Stratton, Wise and Heher
1412 Trenton Trust Building
Trenton, NJ 08608

Gaulkin, Lora, and Allcorn, JJ.