The Noise Control Act of 1972, 42 U.S.C. § 4901 et seq.,
acknowledges that the primary responsibility for control of noise
rests with state and local governments.
The Noise Control Act of 1972 authorizes local governments to adopt
and enforce standards applicable to noise emissions resulting from
the equipment and facilities of interstate rail carriers identical
to the standards and compliance regulations promulgated pursuant to
federal law.
It is in the public interest that the City of Perth Amboy adopt and
enforce noise emission standards and compliance regulations for interstate
rail carriers for the purpose of securing and promoting the public
health, comfort, convenience, safety and welfare of the City of Perth
Amboy and its residents.
There is hereby adopted by the City of Perth Amboy, for the purposes set forth in § 304-12, Title 40 of the Code of Federal Regulations, Part 201, Noise Emission Standards for Transportation Equipment: Interstate Rail Carriers, and Part 210, Railroad Noise Emission Compliance Regulations.
Notwithstanding any language contained in 40 CFR Parts 201 and 210
to the contrary, the standards and the compliance provisions may be
enforced by designated City of Perth Amboy employees and officials.
Not fewer than two (2) copies of 40 CFR Parts 201 and 210 have been
and now are filed in the office of the City Clerk and made a part
of this Article.
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not less than one hundred
dollars ($100) and not exceeding one thousand dollars ($1,000).