| By Heather Harlan | Atlantic City Press | March 14,1998 |
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An ordinance banning ice-cream vendors from playing amplified jingles while toting their tasty treats around local neighborhoods is likely to stick - for now. Stafford Township Mayor Carl Block said Friday that he and other municipal officials have searched unsuccessfully for a compromise to the controversial measure passed on March 3. It is unlikely any action will be taken to reverse the decision at the March 17 council meeting. Despite the governing body's approval of the ban, Block had vowed to seek a possible middle ground. Council President Fred Seeber, who voted against the ban, said Friday that he still favors using the current municipal noise ordinance to control the ice-cream jingles - considered an annoyance by some residents. Enforcing the noise ordinance would require township police officers to gauge the level of the tunes with a decibel meter, as Seeber demonstrated at the March 3 meeting. Block explained Friday that the Department of Environmental Protection officials oppose using noise ordinance to regulate the ice-cream truck noise. Passed in January, the noise law was written by Department of Environmental Protection officials, with the input of Rutgers University employees. Most municipalities have adopted the state noise ordinance model, replacing local measures that may have contained loopholes. Jeffery S. Cabaniss, the owner of Jef-Freeze Treats, previously used amplified music to alert potential customers of his truck's presence in neighborhoods. But, since the passage of the ban, Cabaniss may only use hand bells to advertise his product as he cruises through sections of the township. On Friday, the businessman said, "It actually sounds a little encouraging that they are trying to do something to appease the public and me." Cabaniss and local attorney Gilbert Farr have formed a group opposing the ban: "MUSIC - Manahawkinites United In Support of Ice Cream." Farr, who has a reputation for successfully suing municipalities in violation of the First Amendment, believes the jingle ban is a blatant infringement on free speech. The ice cream ordinance states: "At no time shall a vendor be permitted to use a sound device, mechanical bell, mechanical music, mechanical noise, speakers, amplifiers or any other similar type of sound device." The law also makes it illegal for vendors to shout, cry out or blow a horn. It does allow one alternative: "Vendors may only equip their vehicles with hand bells or bells operated by human hands." |
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