State v. Friedman

Defendants Marvin J. Friedman and his wife Marsha Friedman appeal from their convictions after a trial de novo in the Law Division of violations of Washington Township’s anti-noise ordinance on eight separate occasions when their dog’s barking awakened their neighbor between the hours of 6:12 and 6:44 a.m. The Law Division Judge imposed the same $40 fine for each violation, totaling $320, as had the Municipal Court.

On appeal, the Friedmans make the following arguments:

I. As it was applied to these defendants, Washington Township’s Anti-Noise Ordinance is unconstitutionally subjective and…