ASSEMBLY, No. 2587

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Assemblymen WEINGARTEN and O'TOOLE

An Act concerning municipal noise control ordinances, and amending P.L.1971, c.418.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 21 of P.L.1971, c.418 (C.13:1G-21) is amended to read as follows:

    21. No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this act or any code, rules, regulations or orders promulgated pursuant thereto.

    No ordinances or resolutions of any governing body of a municipality or county or board of health which establish specific standards for the level or duration of community noise more stringent than this act or any code, rules, regulations or orders promulgated pursuant thereto shall be superseded. Nothing in this act or in any code, rules, regulations or orders promulgated pursuant thereto shall preclude the right of any governing body of a municipality or county board of health, subject to the approval of the department, to adopt ordinances, resolutions or regulations which establish specific standards for the level or duration of community noise more stringent than this act or any code, rules or regulations promulgated pursuant thereto. Municipal ordinances establishing maximum noise levels for lawn mowers and trimmers, leaf blowers and vacuums, chain saws, lawn tractors, snow blowers and plows, any other similar yard maintenance machinery or equipment, and any other similar source of noise for which the State or the federal government has not established specific standards shall not be subject to approval by the department.

(cf: P.L.1971, c.418, s.21)

    2. This act shall take effect immediately.

STATEMENT

    This bill would allow the governing body of a municipality to adopt ordinances establishing maximum noise levels for lawn mowers and trimmers, leaf blowers and vacuums, chain saws, lawn tractors, snow blowers and plows, any other similar yard maintenance machinery or equipment, and any other similar source of noise for which the State or the federal government has not established specific standards without being subject to approval by the Department of Environmental Protection.

Allows municipalities to adopt certain noise control ordinances without DEP approval.