[Adopted 4-21-1992 as part of Ord. No. 606-92]
A. 
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.
B. 
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.
C. 
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.
A. 
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.
B. 
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.
C. 
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).