[First Reprint]

SENATE, No. 1498

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 27, 2014

 


 

Sponsored by:

Senator  RAYMOND J. LESNIAK

District 20 (Union)

Senator  JIM WHELAN

District 2 (Atlantic)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Eliminates exemption from noise control restrictions for certain bars in Atlantic City Tourism District.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on June 23, 2014, with amendments.

  


An Act concerning noise control restrictions on certain bars and amending 1[and supplementing]1 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, 1located outside of the Atlantic City Tourism District and1 existing and operating as of August 31, 2011, during normal business hours, as defined by the department, between May 15 and October 15.

     (b)   [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, or any other noise control standard established by law, including but not limited to, any statute, rule, regulation, or local ordinance, for a person to operate a beach bar located in the Atlantic City Tourism District established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219), between May 15 and October 15, regardless of the hours during which the beach bar is operating, or the date on which the beach bar came into existence or began operating.] (Deleted by amendment, P.L.    , c.   ) (pending before the Legislature as this bill)

     (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.

     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).

      1“Atlantic City Tourism District” means the district established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219).1

     "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.2013, c.34, s.1)

 

     1[2. (New section)  a.  The Casino Reinvestment Development Authority established pursuant to section 5 of P.L.1984, c.218 (C.5:12-153), shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), and within 90 days following the date of enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), rules and regulations establishing noise control standards, to be applicable in the Atlantic City Tourism District established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219), for the operation of any beach bar or outdoor casino bar.

     b.    Upon adoption of rules and regulations establishing noise control standards pursuant to subsection a. of this section, it shall not be a violation of any noise control standard established pursuant to any other law, rule, regulation, or local ordinance, including, but not limited to, any standard established pursuant to the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation adopted pursuant thereto, for a person to operate, within the Atlantic City Tourism District, a beach bar or an outdoor casino bar.

     c.    As used in this section, “outdoor casino bar” means a bar that is physically attached to or operated by a casino, and which has a serving or seating area that is located outdoors or partially outdoors.]1 

 

     1[3.] 2.1  This act shall take effect immediately.