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Jim Thorpe to advertise noise ordinance

Jim Thorpe Borough Council could vote on establishing a noise ordinance as soon as its January meeting after unanimously voting Thursday night to advertise it.

Residents have 30 days to comment on the ordinance that, among other things, would make it illegal to for anyone to make sound causing a “noise disturbance” from 11 p.m. to 5:59 a.m.Noise disturbance is defined in the ordinance as “any sound that disturbs a reasonable person of normal sensibilities or is plainly audible.”Under the ordinance, noise from licensed establishments can't extend beyond the property boundary during any time of the day or night.The idea for a noise ordinance came about in large part as a response to a situation at the Mauch Chunk Opera House.JTAMS Inc., operators of the opera house, voluntarily turned in its liquor license earlier this year for “safekeeping” with the Pennsylvania Liquor Control Board (PLCB) in the wake of continued complaints from neighbors about the noise level during shows.Previously, JTAMS paid five PLCB fines since November 2013 totaling $2,450.Municipalities with a noise ordinance can petition the PLCB for oversight of noise enforcement.“Council can act at the January meeting,” said Borough Solicitor James Nanovic. “After that it would need to petition the Liquor Control Board for enforcement and have a hearing in front of it.”Council members said it could be around two months after that hearing that the PLCB yields control to the borough.While it currently can't sell alcohol at shows, JTAMS has been giving it away and asking for donations.Opera house representatives attended Thursday's meeting and reported revenue is down without the ability to sell alcohol and the business is in “dire straits.”A handful of residents and business owners also urged council to move forward with the ordinance.Helen Van Pelt, president of the Mauch Chunk Historical Society, which owns the opera house building, said she would like to see the ordinance passed so the historical society can look at 2015 with a “positive light and be optimistic about the future.”Darren Behan, executive chef of Molly Maguires Pub and Steakhouse, said advertising the ordinance will be a good opportunity for the community to get to see it and provide feedback.“The opera house is an important part of our community and I'm concerned about its wellbeing,” said Maya Kowalcyk, owner of Jim Thorpe Yoga.Sean McFadden called the opera house an “institution we can't afford to lose.”“The opera house is not only a gem in this town, but in this county,” said Brad Konstas, a bartender and volunteer at the venue. “I'm appalled that we are in the situation we're in. It's a place where shows go until 11 p.m. at the latest and it's on the verge of shutting down. This is important for all the businesses of Jim Thorpe. When there is not a show there on a Friday or Saturday night, this place is a ghost town.”“I think it's important to understand that the intent here is to help licensed establishments have music,” said Mayor Michael Sofranko. “Some residents think this is going to handle a whole bunch of things when it isn't geared that way. Every barking dog will not result in a citation.”Exemptions are in place for emergency vehicles, aircrafts, rail carriers, school concerts, sporting activities, art festivals, worship services, borough groups such as the parks and recreation unit and other events such as firework displays.Individuals or businesses can also apply for a one-day special permit, excluding themselves from the noise restrictions.Permits will cost $30 and can be approved by the borough manager, if there is one at the time, or a zoning officer.Police, or any other official the borough deems appropriate, can enforce the ordinance.Excessive noise will be determined by the official's “normal hearing capacities” without the use of a hearing aid.On first complaint, police can issue a warning and give the offender “reasonable time” to comply with the ordinance.Reasonable time is listed in the draft ordinance as 15 minutes, but borough officials discussed amending that before final adoption.A first offense will result in a $150 fine, followed by a $250, $375 and $500 fine for subsequent violations.Revenue from fines would go to the borough.