Bill Text: NJ S1754 | 2012-2013 | Regular Session | Introduced
Bill Title: Changes parameters of existing exemption for certain beach bars from noise control standards.*
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-03-12 - Approved P.L.2013, c.34. [S1754 Detail]
Download: New_Jersey-2012-S1754-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Eliminates requirement that a beach bar must have been in existence prior to August 31, 2011 for purposes of qualifying for exemption from "Noise Control Act of 1971."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning noise restrictions on beach bars 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. 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:
(1) a beach bar [, existing and operating as of August 31, 2011,] during normal business hours, as defined by the department, between May 15 and October 15; or
(2) 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.
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 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).
"Carnival amusement ride" means "carnival amusement ride" as defined in section 2 of P.L.1975, c.105 (C.5:3-32).
(cf: P.L.2011, c.198, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would eliminate the requirement that a beach bar must have been existing and operating as of August 31, 2011 in order to qualify for an exemption from the restrictions of the "Noise Control Act of 1971." Under current law, a beach bar operating during normal business hours, as defined by the department, between May 15 and October 15, is exempt only if it was existing and operating as of August 31, 2011. This bill would expand the exemption to include any beach bar operating during normal business hours, as defined by the department, between May 15 and October 15, regardless of how long the beach bar has been existing or operating.
