Thomas Bonfiglio v. Borough of Sea Bright

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 14, 2025
DocketA-2253-23
StatusUnpublished

This text of Thomas Bonfiglio v. Borough of Sea Bright (Thomas Bonfiglio v. Borough of Sea Bright) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas Bonfiglio v. Borough of Sea Bright, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2253-23

THOMAS BONFIGLIO, 1030 PARTNERS, LLC, and 1030 LIQUOR PARTNERS, LLC,

Plaintiffs-Respondents,

v.

BOROUGH OF SEA BRIGHT, and the MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF SEA BRIGHT,

Defendants-Appellants. _______________________________

Argued April 1, 2025 – Decided July 14, 2025

Before Judges Gilson, Firko and Augostini.

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-1883-17.

Richard J. Shaklee argued the cause for appellants (McLaughlin Stauffer & Shaklee, attorneys; Richard J. Shaklee and Heather N. Oehlmann, on the briefs). Andrew J. Ball argued the cause for respondents (Davison Eastman Muñoz Paone, PA, attorneys; Andrew J. Ball, of counsel and on the brief).

PER CURIAM

This appeal arises from a challenge to the Borough of Sea Bright's

(Borough) Noise Ordinance Number 17-2017 (Ordinance 17-2017). Defendants

Borough of Sea Bright, and the Mayor and Borough Council of Sea Bright

(collectively defendants) appeal from an October 23, 20231 order finding the

Noise Ordinance void for two reasons: (1) it was contrary to and preempted by

the specific grants of authority over noise nuisances to local health boards,

which in this case was the regional board; and (2) Ordinance 17-2017 was

unconstitutionally overbroad. Having conducted a de novo review of the record

and the trial court's legal conclusions, we reject defendants' arguments and

affirm the order holding Ordinance 17-2017 to be void for two, albeit different,

reasons: (1) the Borough's reliance on the general grant of authority under the

Home Rule Act (HR Act), N.J.S.A. 40:48-1, to enact a noise nuisance ordinance

must yield to the more specific authority granted to the Monmouth County

Regional Health Commission (MCRHC) under Chapter 3 of Title 26 of the

1 The order was signed on October 23, 2023 and filed on October 24, 2023. A-2253-23 2 Health and Vital Statistics laws, N.J.S.A. 26:3-1 to -94 (Title 26); and (2)

Ordinance 17-2017 is unconstitutionally overbroad.

I.

We discern the undisputed facts from the trial record. Plaintiffs Thomas

Bonfiglio,2 1030 Partners, LLC, and 1030 Liquors Partners (collectively

plaintiffs) own and operate Tommy's Tavern + Tap (Tommy's), a restaurant and

bar in Sea Bright. Tommy's is located in the Borough's business-residential

zone, which is a mixed-use zone and permits residential, government, and

business uses.

The Borough is a member of the MCRHC pursuant to N.J.S.A. 26:3-92.

In 1987, the MCRHC adopted the Public Health Nuisance Code of 1953, which

in accordance with the Model Nuisance Code, Section IV, provides:

It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it, or upon any public street, alley or thoroughfare in this municipality, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives,

2 According to plaintiffs' brief, Thomas Bonfiglio passed away on July 1, 2022, and Tommy's is now operated by the remaining plaintiffs. A-2253-23 3 health, peace and comfort of the inhabitants of this municipality or any number thereof.

On December 15, 1998, the Borough adopted a Noise Nuisance Ordinance which

relied on reasonableness as a standard of enforcement and was based on a

version of the Model Nuisance Code.

In 1992, the Borough additionally adopted an ordinance for noise control

under the New Jersey Noise Control Act (NCA), N.J.S.A. 13:1G-1 to -23,

administered by the New Jersey Department of Environmental Protection (the

DEP), which "relies on decibel level as a standard of enforcement." The NCA

requires that any municipal ordinance be at least more stringent than the laws of

the State and approved by the DEP. N.J.S.A. 13:1G-21. The DEP approved the

Borough's Noise Control Ordinance on July 16, 2009. On July 5, 2016, the

Borough repealed the Noise Control Ordinance.

In 2015, plaintiffs applied to the Planning Board of the Borough of Sea

Bright (the Board) for bulk variances and site plan approval for Tommy's. On

March 24, 2015, the Board approved the application. Plaintiffs then sought

amended site plan approval to include outdoor entertainment, but the Board

expressed concerns about the impact of noise on neighboring properties.

Plaintiffs withdrew their proposal, instead applying to the Board for additional

seating in the rear yard of Tommy's. The Board approved this application and

A-2253-23 4 issued a resolution memorializing same on June 28, 2017. The approval was

conditioned on the requirement that the rear outdoor patio dining area would

close at 10:00 p.m., and patrons would be required to leave the rear yard at that

time.

On April 4, 2017, the Borough adopted Ordinance 05-2017, "An

Ordinance Amending Chapter 146, Nuisances, Article II, Noise Nuisances of

the Code of the Borough of Sea Bright." Section 146-8 of Ordinance 05-2017

established "[m]aximum permissible sound levels for certain nuisances" by

decibel levels. The DEP did not approve Ordinance 05-2017. In a letter dated

July 27, 2017, the DEP explained that "[t]he ordinance submitted on behalf of

the Borough significantly varies from the Model [Ordinance] and is therefore

not approved."

Because the DEP had not approved Ordinance 05-2017, the Borough

adopted Ordinance 17-2017 on October 17, 2017, amending the Borough Code

by deleting the measurable noise standards by decibel levels contained in

Section 146-8. By removing the decibel levels from the Ordinance, the DEP's

approval was no longer required. Ordinance 17-2017 constitutes the Borough's

noise nuisance scheme, which is the subject of this appeal.

Section 146-5 of Ordinance 17-2017 states, in relevant part:

A-2253-23 5 [Section] 146-5. Noise Nuisance Prohibited

A. It shall be unlawful for any person to make, continue or cause to be made or permitted any unnecessary and unreasonable loud, disturbing noise which is plainly audible and either annoys, injures or endangers the comfort, repose, health or welfare of others within the limits of the Borough. Such unlawful activity shall be considered a "noise nuisance" as further defined by [Section] 146-7 of this article.

B. It shall be unlawful for any person on property owned by him or her or under lease or other arrangement to allow or give permission to any other person on the property to make, continue or cause to be made or permitted any unnecessary and unreasonable loud, disturbing noise which is plainly audible and either annoys, injures or endangers the comfort, repose, health or welfare of others within the limits of the Borough. Such unlawful activity shall be considered a "noise nuisance" as further defined by [Section] 146-7 of this article.

Section 146-7 defines noise nuisances, in relevant parts, as:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reno v. American Civil Liberties Union
521 U.S. 844 (Supreme Court, 1997)
Atlantic Container v. Township of Eagleswood Planning Bd.
728 A.2d 849 (New Jersey Superior Court App Division, 1999)
State v. Golin
833 A.2d 660 (New Jersey Superior Court App Division, 2003)
State v. Holland
331 A.2d 626 (New Jersey Superior Court App Division, 1975)
Jones v. Buford
365 A.2d 1364 (Supreme Court of New Jersey, 1976)
Bubis v. Kassin
878 A.2d 815 (Supreme Court of New Jersey, 2005)
Landry v. Daley
280 F. Supp. 938 (N.D. Illinois, 1968)
W. KINGSLEY v. Wes Outdoor Advertising Co.
262 A.2d 193 (Supreme Court of New Jersey, 1970)
Overlook Terrace Management Corp. v. Rent Control Board of West New York
366 A.2d 321 (Supreme Court of New Jersey, 1976)
State v. Drury
919 A.2d 813 (Supreme Court of New Jersey, 2007)
Karins v. City of Atlantic City
706 A.2d 706 (Supreme Court of New Jersey, 1998)
Inganamort v. Borough of Fort Lee
303 A.2d 298 (Supreme Court of New Jersey, 1973)
State v. Profaci
266 A.2d 579 (Supreme Court of New Jersey, 1970)
First Peoples Bank v. Township of Medford
599 A.2d 1248 (Supreme Court of New Jersey, 1991)
Zullo v. Board of Health, Woodbridge Tp.
88 A.2d 625 (Supreme Court of New Jersey, 1952)
STATE BY HIGHWAY COMM'R. v. Dilley
226 A.2d 1 (Supreme Court of New Jersey, 1967)
State v. Clarksburg Inn
868 A.2d 1120 (New Jersey Superior Court App Division, 2005)
Summer v. Township of Teaneck
251 A.2d 761 (Supreme Court of New Jersey, 1969)
Hon. Dana L. Redd v. Vance Bowman(073567)
121 A.3d 341 (Supreme Court of New Jersey, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
Thomas Bonfiglio v. Borough of Sea Bright, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-bonfiglio-v-borough-of-sea-bright-njsuperctappdiv-2025.