An apparently futile proposal to ban helicopters from flying over Hoboken has been pulled from the city council agenda, but not because the Federal Aviation Administration says only it can regulate the skies.
Councilmembers were to vote on an ordinance for introduction Wednesday to ban all non-essential helicopters from flying over the city. Helicopters would only be allowed to fly over the New Jersey Transit railroads on the southern border of the city and at least 100 feet from the shore on the Hudson River.
Helicopters would also be prohibited from taking off or landing in the city, as well as taking or dropping off passengers or cargo unless in emergencies. Violating the rules could be punishable for up to 90 days of jail or community service, or a maximum $2,000 fine.
A spokesman for the FAA said the federal agency is the only governmental body with jurisdiction over air space, and that local communities can only regulate takeoffs and landings within its borders.
Councilman Joe Quintero, who sponsored the ordinance, told The Jersey Journal in an email Tuesday afternoon that it was being pulled from the agenda because it hadn’t gone through committee yet.
Helicopters, particularly those from tourist companies, have posed a quality-of-life issue for several Hudson County communities over the past few years, mostly because of the noise. Local, state and federal lawmakers have all complained about the flight patterns, but so far no legislations has been passed to limit the flights.
“Helicopter noise pollution is a detriment to the quality-of-life of many Hoboken residents and the city is exploring all avenues to curtail the problem, including contacting federal and state representatives to seek legislation to address the issue as well as the introductory ordinance as requested by members of the City Council,” city spokeswoman Marilyn Baer said.
Baer also provided The Jersey Journal a letter from Mayor Ravi Bhalla and Councilman Phil Cohen protesting the FAA’s and the National Park Service’s draft agreement regarding commercial air tours around the Statue of Liberty and Governor’s Island.
The two wrote that the federal agencies had failed to consider the negative impacts the agreement would cause for Hoboken’s residents, greater Hudson County and Liberty State Park.
“We in Hoboken have seen the impact of redirected flight paths over our community,” said the letter. “Non-essential helicopter flights coming in low over our community have caused significant disruption to Hoboken residents’ lives and adversely impacted the quiet enjoyment of our homes, gardens and local parks.”
City officials did not address the legality of the proposed ordinance, or the ability to enforce it if the city council were to approve it. Given the FAA’s statement, Quintero did not say if the ordinance would be shelved or reworked.