Princeton Council Monday night voted to introduce an ordinance that would limit the early morning opening hours for some Princeton businesses that border residential neighborhoods. The approval, which required a vote from Mayor Liz Lempert in order to break a tie, came after public testimony from business owners who said the proposed ordinance was unnecessary, and residents who expressed their support for it.

This was the third time the topic has come before Council. Since last summer, members of the governing body and municipal staff have met with members of the business community, including the Princeton Merchants Association (PMA), to try and craft an effective ordinance.

The original premise was that businesses 200 feet away from houses in residential zones would be affected by the measure. But that buffer has been removed. The revised ordinance would apply only to establishments located directly adjacent to homes in residential zones.

Those businesses would be required to close during the hours of two to five a.m. “This does not preclude 24-7 businesses; it just limits them when they are located right next to a residential neighborhood,” Mayor Lempert said. “It would help preserve the residential character of our neighborhoods.”

Exempted from the ordinance would be those establishments such as pharmacies and other places offering medical care. Restaurants with liquor licenses and businesses in educational zones patronized by Princeton University students, who tend to stay up later than town residents, would also be unaffected by the measure.

City planning director Lee Solow said in his introduction of the ordinance that most businesses in town open after 8 a.m. and close by 9 p.m., with some exceptions. Hoagie Haven on Nassau Street stays open till 2 a.m., while the CVS down the street is open till 10 p.m. The CVS on State Road and the Wawa market on University Place are open 24 hours. Neither would be affected by the ordinance.

The ordinance has been a topic since plans were announced to turn the former West Coast Video store on East Nassau Street into a 24-hour, 7-Eleven convenience store. Mayor Lempert stressed that the measure is not being created because of that plan, citing other situations that prompted similar issues.

She pointed out that a jazz club was proposed a few years ago for the site that is now the Bank of Princeton on Route 206. Nearby residents expressed concerns at that time about late night noise and traffic. The ordinance is a response to such situations, “an attempt to strike a middle ground and be fair to both sides,” she said.

Robert Bratman, owner of the property where the 7-Eleven is proposed, said he thinks the ordinance is being created in response to that plan. “It’s safe, it has security cameras,” he said. “If anything, this type of store is a solution to these problems.” Quoting someone at a previous meeting who said “this is an ordinance looking for a problem,” he urged Council not to vote to introduce the measure.

Lou Carnevale, who owns the property adjacent to Mr. Bratman’s, also expressed his opposition. Both buildings have been vacant for several years.

PMA president John Marshall proposed that if the ordinance is passed, additional exemptions be applied to the Central Business District, Princeton Shopping Center, and the Cliff Town Center on Route 206. Richard Ryan, owner of the Ivy Inn on Nassau Street, said, “I’m confused as to why this is even being talked about. We’re creating a law that says nothing.”

Residents of the tree streets were the most vocal about passing the ordinance. Stephen Griffies of Maple Street said he supports the measure. “I don’t think it’s an onerous ordinance,” he said. “It’s mild, to be frank.” Others who live in the neighborhood spoke of late night noise, especially during the summer months, and urged Council to vote in favor of the proposal.

A full public hearing on the ordinance will be held at the meeting of Council on December 8.