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Town May Ban Personal Trainers From Public Parks

Possible law would disallow businesses from operating on public property, but that may affect travel sports leagues

 

Personal trainers and other small business owners who operate their businesses in Mahwah parks may soon be out of a workspace. The town council discussed last week a new law that would prohibit residents from conducting for-profit businesses on township property.

According to Business Administrator Brian Campion, the township has received several noise complaints from neighbors of Commodore Perry and Continental Soldiers fields about personal trainers conducting classes at the parks and making a lot of noise, often early in the morning. “We have not received many complaints saying that people operating businesses at the parks are prohibiting others’ enjoyment of the parks, so that seems to be a lesser problem,” he said.

Council members questioned whether or not small businesses, like personal trainers, should be allowed to use public property to make money.  Campion said that currently, the township has “no specific ordinance prohibiting it,” so trainers are not violating any laws by operating at the fields.

While many on the council expressed a feeling that this practice should not be allowed, Councilman Harry Williams asked what the ramifications of a law prohibiting for-profit businesses from operating at parks would be to travel and other sports teams that use the facilities regularly.

“Our parks are constantly used by travel sports teams, and those sports organizations make money,” Williams said. “How can we prohibit personal trainers, but not soccer trainers?”

Other council members brought up concerns about liability in the event that a customer of one of the businesses gets hurt during a session at the park. Campion said the town could be sued in that case, however “anyone who gets injured at a public place could file a suit. That’s not unique to this.”

The council rejected the idea of having business owners lease space at public facilities.

The governing body decided Thursday to seek legal counsel for input on what type of law, if any, would be appropriate to address this issue. It also said it would look to related laws in nearby towns before  making a decision at a future meeting.

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Have a question or a news tip? Email the editor Jessica Mazzola at jessica.mazzola@patch.com. Or, follow us on Facebook and Twitter. For news straight to your email inbox, sign up for our daily newsletter.

  • Do you think personal trainers and other small business owners should be allowed to conduct business at public parks?

    (Voting has been closed for this question)
    • Yes. It's happening now and there is no problem with it.
        114 (49%)
    • No, it's not fair to let them use public land to make money.
        89 (38%)
    • I'm not sure, but I hope this doesn't affect sports groups that use the parks.
        17 (7%)
    • It doesn't matter to me one way or the other.
        10 (4%)
    Total votes: 230
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: Mahwah Government and Mahwah Town Council

Mahwah Parent

7:26 am on Wednesday, June 13, 2012

So, who is allowed to use the parks--are the baseball clinics prohibited because the trainers are making $$; soccer training is prohibited because the trainer is making $$; same for football and lacrosse? As for early n the morning, many baseball practices start at 8am...
This is an example of someone who has too much time on their hands and wants to complain about every little thing. The parks are open spaces...next, we'll need to eliminate Mahwah Day rides and carney games because they certainly make a profit in the park.

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HarveyL

12:19 am on Thursday, June 14, 2012

All great points. We need to find out who has too much time in their hands at the Municipal Building and make sure they retire soon. These idiots don't realize that these small businesses are helping the economy, and more importantly serving our community with their services, and making their services available to us near to where we live. If anybody knows whose bright idea this was PLEASE let us have this person's name. We need to find out exactly what bug this person has up his/her A… and run him/her out of town.

Hank

7:27 am on Wednesday, June 13, 2012

we will have to hire more police

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Melissa Steinberg

7:28 am on Wednesday, June 13, 2012

Such an ordinance would also prohibit dog walkers from walking dogs in parks...so if there is a vision for greenspace and greenways to be added to Mahwah, dog walkers would be in violation of the law...not sure the good or bad to changing such things.

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James Norberto

7:53 am on Wednesday, June 13, 2012

Um, instead of going after hard-working men and women trying to run a small business... How about focusing on the incredible number of recent narcotic issues, low performing schools, and other more pressing issues in ou beloved town?

Come on fellow residents.. Let's focus here on what really matters.

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Lower Taxes

8:01 am on Wednesday, June 13, 2012

With taxes frequently increasing, why don't we issue permits and charge them for a for-profit use. This should also include controls on the amount of noise and numbers of people who could be involved in the business. We should always be thinking of extra sources of revenue.

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HarveyL

12:23 am on Thursday, June 14, 2012

Levine,

Sounds great but guess what, these additional expenses get passed down to us, consumers. Noise? Are you kidding me? How much more noise do they make than other people using the park. What are they using fog horns? Yelling at people? Get real. It's a bunch of BS.

WHAT?

8:46 am on Wednesday, June 13, 2012

Why can't the trainers just be asked to be quieter? Why do simple minor problems have to result in laws and ordinances that will cause even more problems than the original one?

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DAWN MARINO

12:43 pm on Wednesday, June 13, 2012

I agree with Robin. I live close to a field used for all sorts of stuff like this. I think if people using the field have respect for those close by this shouldn't be such an issue.

Randy H

8:48 am on Wednesday, June 13, 2012

I for one truly wish the mall issue never came to be. The more I read about the clowns making decisions for this town the more of a joke it is.

The council changed the zoning to build a mall that the town does not want, which will make so much more noise, then personal trainers.

Town council please worry about the mall and don’t waste our time and yours on worrying about personal trainers using the park.

To the people living near the parks that have a problem with the little noise that these personal trainers are creating, I suggest you move near where the mall is trying to be put in, and then you will have something to complain about. I mean really, what difference does it make if a sporting game is being played by a bunch of screaming kids or a personal trainers conducting classes. Maybe these people complaining should join the class, work out get rid of some stress and then they might not complain about every little thing.

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Randy H

8:49 am on Wednesday, June 13, 2012

I remember when I was a kid, we had 40 acres of woods growing up, then they built it up and put 40 homes in. My father had 2 metal sheds that had been there for years, well the person that just moved in did not like to look out his back window and see the sheds, so he thought he would just come in and my father was just going to move the sheds because he did not like the view out his back window. Boy was this idiot in for a surprise. He started talking to my father about taking the sheds down and realized he was getting no where when my father was laughing and said, you should of looked more closely before you moved in, the sheds are not going no where. Well again this idiot was loosing steam fast and as a last resort he suggested to my father, what about painting the sheds a different color, my father scratched his chin and said, what color you thinking, the idiot then said brown to match the tree color. My father said, ok, browns good, then told the idiot to buy the paint and paint and both sheds completely, with a high quality out door metal paint. Well we all had a good laugh watching that idiot walking back to his house wondering what just happened, but that was nothing compared to watching this idiot painting the sheds, that was priceless.

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Randy H

8:50 am on Wednesday, June 13, 2012

My point being, just leave things alone if it does not affect you directly,. Let the trainers conduct their classes and let people in the class enjoy outside. If the noise is that unbearable for 45 minutes, then close your window and turn your tv up.

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HarveyL

12:29 am on Thursday, June 14, 2012

The park is for the people. Let the people use the park. Where does this stop. So know you will have to start charging our kids for using the park? Let me tell you. If it was not for these one man small businesses bringing my kids to the park, I would not know what the parks look like. These idiots are going to have a Wall Street protest in front of town hall soon. OCCUPY MAHWAH TOWN HALL NOW!!!

Kenny

9:08 am on Wednesday, June 13, 2012

Let’s focus on more important issues!

How can the neighbors of Continental Soldiers Field be complaining about noise?! WHAT noise? There are NO neighbors in the surrounding area. And the neighbors of Commodore Perry? I can hardly believe that a small group of people running on the field / playing sports are disturbing the peace.

Our public fields are open for all to enjoy and use and there have never been any conflicts. If we take that away we start creating an unpleasant town environment that will eventually erode what’s attractive about this community.

I really question some of our town council members and the issues they entertain. It will be interesting on how they plan to enforce such a “law”. Will a police officer question someone when they’re on the field having a catch with their child? “Sir….are you playing catch or receiving cash for lessons?”

Give us a break Town Council / Brian Campion…and get real!

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Concerned Mahwah Taxpayer

9:23 am on Wednesday, June 13, 2012

Trainers who run businesses should rent or buy space like the rest of society to run their facility. What give trainers the right to use parks to bring in money that will go directly in their pocket and not benefit the town that park is in? How does Mahwah benefit here? They don't. Who maintains the fields, the grass, the parking lots where they trainers are running their classes? The Township of Mahwah and the taxpayers. A message to all personal trainers who use local parks.....go find a realtor to help find you ample space to hold your classes in - not on our fields! Pay like the rest of the world and don't take the easy way out. This must be stopped! This issue is just an important as any other issue in the town of Mahwah!

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CaraGia

10:39 am on Wednesday, June 13, 2012

Dear Concerned Mahwah Taxpayer (or should I say overzealous, petty, small-minded, greedy taxpayer)...

Shut up already! Seriously, is everything all about the almighty dollar these days? Are you really so greedy and mean-spirited? Who is it hurting any of us if someone wants to hold a class on public property if no one else needs the space and it's unused. Why should the town profit or disallow the use because a few nay-sayers such as yourself have nothing else to do besides make-up things to complain about?

Get off your duff, get out there, go enjoy the classes offered and quite complaining. You might find it improves your attitude and overall outlook about life, but also your level of goodwill for everyone, most especially your neighbors who utilize the services of these small businesses and the convenience it allows all of us who partake to have these things on our local sports fields. We live here, too. You act like Ebenezer Scrooge, wanting to take the use of the parks away from the children and adults who use them. I bet you rarely, if ever, use them yourself!

People who buy houses next to park areas know in advance what they are getting into. It's not like the parks were put in place after they moved in or were hidden from view by the previous owners.

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CaraGia

10:40 am on Wednesday, June 13, 2012

As for the towns liability issues, how hard would it be to require a waiver from those who will be using the parks? Or to make sure small businesses using the parks have insurance to cover liability issues and leave it at that. There's no need to stop anyone from using our parks, whether they're doing it for profit or not. What ever happened to Americans helping each other out or encouraging the small business owner to succeed? Have we really turned into a society that does things only for financial gain, one where the people can't extend goodwill and kindness for the betterment of all of us?

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Kenny

12:16 pm on Wednesday, June 13, 2012

Really?! Well, there you have it. It's not about noise after all. It's ALL about money! And others (Concerned Taxpayer) aren't happy when it's not in their pocket. Thanks for shedding the light on this issue.

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HarveyL

12:35 am on Thursday, June 14, 2012

Don't be so concerned Mr. Concerned Tax Payer. I pay taxes and I want the use of these parks to be open to any body that wants to use them with care. I enjoy seeing parks busy with people. It's my tax dollars working for the good of the community and the economy of these small businesses.

hsr

9:35 am on Wednesday, June 13, 2012

I believe the vacant property for town use has been there before the houses. PLUS
USE YOUR HEAD BEFORE you buy! You don't buy then want to change other
property.

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Q

9:40 am on Wednesday, June 13, 2012

more constraints- what is happening here? A police state? Who asked for this? It's a home town not a prision camp. Really, has a little power gone to someones head.

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Mahwah Resident

9:57 am on Wednesday, June 13, 2012

Town Council, put your brains where the mall is. Mall noise vs. Athletic training. Really!!!!!!!!!!!!! Athletic training is a very positive thing for our children. Leave it alone and get real. The mall that no one wants is your REAL PROBLEM!!!!

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KR

9:58 am on Wednesday, June 13, 2012

Sounds a bit extreme. The spirit of the law is to prevent abuse.

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MAHWAH RESIDENT

10:14 am on Wednesday, June 13, 2012

"It is about respect. It's not fair to disrupt people around the area, especially at 6 am on a weekend. If they are using the field for free and making money from it at least do your best to respect the people around you. Some people do not consider others and I feel that this is what it is really about and then unfortunately it gets taken to another level. " -MAHWAH RESIDENT

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HarveyL

12:38 am on Thursday, June 14, 2012

You moved next to a park field and now you want to have the field restricted because people using a field are making too much noise. How about you go to the pharmacy and buy a pair of ear plugs. They work well.

Kevin

11:09 am on Wednesday, June 13, 2012

Ok. Very simple solution here. Create a permit which tells the person running the training what parks and times they can work. Also with that permit is a waiver which excludes the township from any injuries which may take place during this training. The trainer also has to supply a list of customers to the town with that permit. Make the fee a small amount enough to cover the office filing of said permit. I live down the street from one of these parks in question and find this activity to be a positive for my neighborhood. There are two count them one, two houses that could be affected by this activity and I do not think they are. Train away. I go to the gym three times a week maybe I will stop by the park next time and get my work out in there.

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Roger Pachiderm

11:13 am on Wednesday, June 13, 2012

It is a public park and if someone is making a living showing people how to work out without a gym but with what is available that is great. While Mahwah is called Bergen's parkland the truth of our parks is that they are limited in facilities for a good workout. We have numerous sport fields, ski area, golf course and even Darlington Lake. The hiking trails at the reservation are great. The skiing and golf cost a bit of money and really is not for everyone. Darlington Lake serves mostly out of town residents. I like to jog and there really is not a park with a path around a lake or several miles of a loop like in other parts of the county. A path where you can walk, jog, ride a bike or even roller skate (think duck pond or the parks that go from Saddle Brook up to Ridgewood). Those parks are filled with local residents all year long doing a workout It sounds like people are making the best with what we have to get a workout in. Let them be.

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Andy Schmidt

3:40 pm on Thursday, June 14, 2012

Roger, if you park near Grover Cleveland Bridge, you can jog/bike up Bear Swamp "Road" all the way past Bear Swamp Lake up to the pipeline pump station and back. Steady up-hill - nice workout.

I agree, the Saddle River Park is great. Would be nice if Mahwah could somehow create a continuous bike/walking path along the Ramapo, or work it out with Ramsey to connect to their little walking path that runs from the center of town to the back of the Interstate shopping center, following the old rail right-of-way.

LKR

12:12 pm on Wednesday, June 13, 2012

Don't tax and fee us to death. We are already paying for these parks through our property taxes. It is our right to use them in the manner for which they were intended. There are no neighbors at Continental Soldiers Field. As for Commodore Perry there are no restrictions from dawn to dusk. The nation keeps calling for people to get off their behinds and get in shape. Do not restrict individuals and these small business from succeeding. Let us focus on the much larger issues that face our community.

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Regenbogen

12:16 pm on Wednesday, June 13, 2012

I guess R. Lee Ermy has arrived on Mahwah fields!

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Kenny

12:25 pm on Wednesday, June 13, 2012

Just one more thing…I wish some of you could see what the town really spends money on and some of the poor budgetary decisions that are made. Then, people that are “concerned tax payers” would be less concerned about sports teams and personal trainers and more concerned about real fiscal irresponsibility.

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T-Bird 148

2:20 pm on Wednesday, June 13, 2012

Funny ... a year or two ago the Council tried to prevent people with dogs and other animals from using the park ... and that failed miserably! Now they are going to try and limit human use??? And ... it's OK for some of those same residents who live near the parks to use them to park their personal, and sometimes commercial vehicles in the park??? I don't live near the parks, but I have driven past them many times while these training sessions have been going on and I can honestly say I've never heard any noise louder than that of passing vehicles! As long as the trainers are aware that scheduled recreation functions take priority over their business I'm OK with the status quo. Move on ...

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Regenbogen

4:35 pm on Wednesday, June 13, 2012

Who parks their commercial vehicle on the Commodore Perry field? How is this allowed?

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Kim

11:09 pm on Wednesday, June 13, 2012

Seriously??? I work out with trainers at Continental and there are no neighbors other than wildlife and as of yet they haven't complained. The only noise I produce and can hear is the sound of heavy breathing because we're pushing ourselves to become more healthy and fit. Doesn't the town already have laws regarding noise? As far as being respectful, whenever sports groups use the park for training, we have always moved our group to another area of the field and let the kids have their space. I also can't imagine what noise is being made by those who use Commodore Perry. Last I checked, there wasn't a platoon of Marines performing drills. It appears to me as if someone might be a bit jealous of those who have embraced the entrepreneurial spirit and started small businesses or maybe it's just someone who believes they are entitled to the fruits of other's labor?!? With regard to the waiver issues...maybe the town is worried about possible lawsuits due to injuries. Does that then mean everyone who sets foot in any park at any time must first sign a waiver for fear of a lawsuit??? Final thought...we really don't need more "Mayor Bloomberg" types of nanny state regulations.

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HarveyL

12:41 am on Thursday, June 14, 2012

TO ALL THE PEOPLE: OCCUPY TOWN HALL NOW!!!

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Hank

9:46 am on Friday, June 15, 2012

Paramus warned us about physical trainers in parks.

Roger Pachiderm

9:44 am on Thursday, June 14, 2012

Next up will be getting rid of the swings and slides at the playground. I am sure those non-tax paying children are bothering the neighbors too.

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Kevin

9:51 am on Thursday, June 14, 2012

Kenny you are right. It is amazing what get air time in a town. Looks like its a mall or trainers. A big issue and a small one. All the in between is where the money is lost with nobody paying any attention.

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Kevin

9:56 am on Thursday, June 14, 2012

Roger the town may have to evict the wild life because there is no monetary value to the town with them living there.

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Hank

10:35 am on Thursday, June 14, 2012

and what about the cars waiting in the parking lot for those noisy Montessori kids at Commadore Perry.
Did you know that there are local employees eating at the picnic tables on company time? I complained to the police that I saw some of them sitting there for over 45 minutes!
Tax them! Make them get a permit!

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Roger Pachiderm

10:51 am on Thursday, June 14, 2012

Hank were you spying without a permit? I am not sure that is acceptable use.

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Hank

1:36 pm on Thursday, June 14, 2012

I was not aware I needed a spying permit. Now I just found out spying season does not open until July 1. I screwed up sorry.

Regenbogen

11:26 am on Thursday, June 14, 2012

I hope the complaining neighbors realize what fools they have made of themselves. Energy generated in a positive direction is much healthier for the mind and body!! Lighten up!!

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Sue Reardon

12:13 pm on Thursday, June 14, 2012

next thing you know, they'll want to make kids, selling lemonade on the public sidewalk in front of their house, purchase a permit. seriously? How about instead of letting people earn a living by helping people get healthy while charging reasonable rates (which wouldn't be so reasonable if they had to pay for a bldg or a permit), we just join them in a bunch of protests. Every morning. At 6:00am. on the sidewalk in front of your house? we won't make a dime... but it would be legal! c'mon.... enough is enough already!

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Hank

1:44 pm on Thursday, June 14, 2012

you hit the nail on the head Sue. The complainers may very well be the trainers who have rented buildings

CaraGia

2:20 pm on Thursday, June 14, 2012

Did you check the results of the poll. 39% of people think it's "unfair". You poor, poor babies. Let me let you in on a little secret... LIFE ISN'T FAIR!!

I think it's remarkable how small minded and petty some people really are. We're all struggling and have laid out before us, for the most part, many of the same issues on a daily basis. How does it really hurt anyone to utilize a kind, generous and understanding manner with others? Are you losing something by doing so? Probably not and even if you are, things will come back around in your favor later on anyway. Lighten up and move on.

I hope the town is taking note of the comments posted here. Brian Campion.....

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Regenbogen

9:46 pm on Thursday, June 14, 2012

And the ringing of the church bells...that would certainly be a "noise nuisance"!!

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Angelwings

11:08 pm on Thursday, June 14, 2012

I too am at a loss about the fuss about anyone using our parks and fields. What noise? I have walked CSF when trainers were on the field and have passed Commodore Perry when there was an early morning group of boot campers. And the noise not sure what antenna they are wearing? All I observed was a group of kids or adults having fun and working hard. If our fields are being utilized and folks who don't belong to a gym are out and about breaking a sweat honestly does the Town Council need to get involved? Maybe we need a new Town Council. There may be some seeds of envy here. If you own a gym or your own business and want to have an outdoor boot camp or train youth athletes at one of the fields at a time when Rec or Town sanctioned sports are out of session. Well it is great that you can enjoy the beauty of our town and share it with others. IF you can and want to compensate the town for the use of the fields, donate a few dollars to MMA, CFFA or TMYSB. This is definitely not an issue I think the Town Council should address. There are so many other issues that require your attention.

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Shari Levitsky

10:58 am on Friday, June 15, 2012

Who is complaining about the noise? I attend one of these classes, and I can tell you with the utmost certainty, that the child care center across the street from the Commodore Perry field, is by far, way more noisy than any of our classes!! Think about it, 30-40 screaming children vs. 4-5 adult women who can barely catch their breath!!! The noise thing isn't working with me.

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Jonathan N. Marcus, Esq.

2:38 pm on Friday, June 15, 2012

Not having been at the Council meeting when this was discussed, it is possible that I missed some of the facts. Jessica's article notes that there were complaints made about noise at the parks. However, what is not stated was whether those complaints were independently confirmed by township officials. Just because someone complains about something, does not mean that what they are complaining about is actually true.

If these "complaints" were not independently verified, then I fail to see why this was even brought before the Council. As many have noted above, it is quite possible that the so-called "complaints" are actually from competing physical fitness business owners who might have a vested interest in getting their competition out of the parks.

Thus, I would want to know if anyone from the township was able to verify the noise complaints. If not, then I have to question the motives at play here. If anyone was at the Council meeting when this was discussed, I would love to hear whether this verification was ever discussed.

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Regenbogen

3:39 pm on Friday, June 15, 2012

I really don't believe a group of people exercising could cause so much noise that a complaint was filed. Was this basic training maneuvers?

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Hank

5:46 pm on Friday, June 15, 2012

i understand live ammo was involved

Hank

6:42 pm on Friday, June 15, 2012

All the trainer has to do is charge $125 for a bottle of water
and train his/her friends for free at the park

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