US Lawyer Database

342F-30.8 Leaf blowers; restrictions.

§342F-30.8 Leaf blowers; restrictions. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 6:00 p.m. […]

342F-31 Rules; specific.

§342F-31 Rules; specific. The director may establish by rule: (1) The control of vehicular noise; and (2) Other specific areas for control of excessive noise, thereby allowing for varying conditions. [L 1989, c 212, pt of §3] Case Notes Neither this chapter nor rules promulgated under §342-42 for “vehicular noise” extend to sounds reproduced by […]

342F-31.5 Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to sixty decibels, measured using the dBC weighting system, in certain areas they deem appropriate and not adversely affecting public health and safety. (b) In any urban land use district, a sound level of more than sixty decibels for bass sound (using the dBC weighting system), measured at a complainant’s site, shall be deemed to exceed the maximum permissible sound at nighttime; provided that, where the complainant’s site is within or in close proximity to an area zoned mixed-use or residential, the maximum permissible sound at nighttime shall be fifty decibels dBC. (c) For purposes of this section: "Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and "Urban land use district" means property designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3]

§342F-31.5 Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to […]

342F-32 Complaints; hearings; appointment of masters.

§342F-32 Complaints; hearings; appointment of masters. The director may: (1) Receive or initiate complaints of excessive noise, hold hearings in connection with excessive noise, and institute legal proceedings in the name of the State for the prevention, control, or abatement of excessive noise; and (2) Appoint a master or masters to conduct investigations and hearings. […]

342F-33 Research, educational, and training programs.

§342F-33 Research, educational, and training programs. The director may: (1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of excessive noise and the means whereby noise may be monitored, controlled, or abated; (2) With the approval of the governor, cooperate with, and receive money from, the federal government, […]

342F-30.5 Noise control. By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of any conflict between this section and section 46-17, section 46-17 shall govern. [L 1995, c 200, §2]

§342F-30.5 Noise control. By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of any conflict between this section and section 46-17, section […]

342F-10 Citation.

§342F-10 Citation. Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation by any person authorized to enforce such rules, hereinafter referred to as enforcement officer. The summons or citation shall be printed in the form […]

342F-11 Administrative penalties.

§342F-11 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342F-9(b) and (c). (b) Factors to be considered in imposing an administrative penalty include: (1) The nature and […]

342F-11.5 Disposition of collected fines and penalties.

§342F-11.5 Disposition of collected fines and penalties. Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §3]

342F-12 Injunctive and other relief.

§342F-12 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of […]