Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
Exempts bars in municipally designated redevelopment areas from provisions of "Noise Control Act of 1971" under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning noise restrictions on bars in redevelopment zones and amending P.L.2011, c.198.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2011, c.198 (C.13:1G-4.3) is amended to read as follows:
1. a. (1) (a) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate a beach bar, located outside of the Atlantic City Tourism District and existing and operating as of August 31, 2011, during normal business hours, as defined by the department, between May 15 and October 15.
(b) (Deleted by amendment, P.L.2014, c.24)
(2) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate an amusement park or a carnival amusement ride, existing and operating as of August 31, 2011, during normal business hours, as defined by the department, between May 15 and October 15, provided, however, that the person operating the carnival amusement ride, whether within an amusement park or otherwise, is complying with the recommendations of the manufacturer for maintaining and lubricating the carnival amusement ride to minimize, to the extent practicable, the noise sources within and on the ride.
(3) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate a bar during the hours of 11 a.m. to 7 p.m. in an area of a municipality designated by the municipality as a redevelopment area.
b. In the event of the replacement of a carnival amusement ride existing and in operation as of August 31, 2011, the ride shall remain subject to the provisions of paragraph (2) of subsection a. of this section provided that the noise emissions of the new carnival amusement ride are less than or equal to the noise emissions of the ride that is being replaced.
c. As used in this section:
"Amusement park" means "amusement park" as defined in section 1 of P.L.1992, c.118 (C.5:3-55).
"Atlantic City Tourism District" means the district established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219).
"Carnival amusement ride" means "carnival amusement ride" as defined in section 2 of P.L.1975, c.105 (C.5:3-32).
"Redevelopment area" means "redevelopment area" as defined in section 3 of P.L.1992, c.79 (C.40A:12A-3).
(cf: P.L.2014, c.24, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would exempt bars operating from 11 a.m. to 7 p.m. in a redevelopment area designated by a municipality from the provisions of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.). As used in the bill, "redevelopment area" means an area determined to be in need of redevelopment pursuant to sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6) or determined to be a "blighted area" pursuant to P.L.1949, c.187 (C.40:55-21.1 et seq.) prior to that law's repeal in 1992, as made pursuant to the authority of Article VIII, Section III, paragraph 1 of the Constitution.
The Department of Environmental Protection has adopted rules and regulations, pursuant to the "Noise Control Act of 1971," which establish sound level standards of 50 decibels during nighttime (10:00 p.m. to 7:00 a.m.) and 65 decibels during daytime for commercial and industrial stationary sources.