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A2270
ASSEMBLY, No. 2270
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
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
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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.