2013 New Jersey Revised Statutes
Title 13 - CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS
Section 13:1G-4.3 - Exceptions to the "Noise Control Act of 1971."

13:1G-4.3 Exceptions to the "Noise Control Act of 1971."

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, 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.

(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).

"Carnival amusement ride" means "carnival amusement ride" as defined in section 2 of P.L.1975, c.105 (C.5:3-32).

L.2011, c.198, s.1; amended 2013, c.34.