Jim Thorpe Borough officially has its own noise ordinance.

By a unanimous 5-0 vote Thursday, council adopted the ordinance, which prohibits noise disturbances from 11 p.m. to 5:59 a.m. for residents and 24 hours per day for Jim Thorpe's 26 establishments with a liquor license.Members Joe Krebs and Paulette Haupt were absent from the meeting.The borough also voted to petition the state for relief from the Pennsylvania Liquor Control Board's noise enforcement.Under the current system, borough establishments with liquor licenses can be fined by the PLCB without warning if a noise complaint is lodged against it.Multiple fines also put the establishment in danger of losing its license.Kurt Jackson, chair of the borough subcommittee that drafted the ordinance, made no bones about the fact that it was created as an effort to help licensed establishments stay in business."Local businesses came to us with concerns over the stringent nature of the state's noise enforcement," Jackson said. "We worked on this for three or four months to try not to impose this 24/7 on the residents, but to bring back enforcement to the local municipality."Among the businesses being hurt by the way enforcement is currently handled is the Mauch Chunk Opera House, which has amassed over $2,000 in fines since November 2013 after complaints by neighbors.JTAMS Inc., operators of the opera house, voluntarily turned in its liquor license last year for "safekeeping" with the PLCB. It has not been able to sell alcohol at its shows since that time.Sandra Reese, who lives on West Broadway, near the opera house, said her family supports the noise ordinance."It's not right what is happening to that business with all the fines and not being able to serve alcohol," she said. "It's beautiful in there and if they have to shut it down, I don't think anybody will come in there and work as hard as they do."Another neighbor, Marjorie Reppert, said the ordinance is good for residents and establishments with liquor licenses, "as long as police come when it's a little wild and loud."Earl Kunkel took a different view. The borough resident said he wouldn't have a problem if the ordinance only dealt with licensed establishments, but he is against "another law for the residents.""Noise can already be dealt with through the state statute for disorderly conduct," he said. "What do we need another law for?"Jackson said from 6 a.m. to 11 p.m., there would be no change in the way noise complaints about residents are handled. Police will go to the scene and can cite a person for disorderly conduct under the state statute if the officer feels it is warranted.The ordinanceNoise 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.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.People 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."The first time is going to be a warning," Mayor Michael Sofranko said. "Police aren't going to get a call for a barking dog at 2 a.m. and go cite the person that night. This is going to be a learning curve."After the warning, a first offense will result in a $150 fine, followed by a $250, $375 and $500 fine for subsequent violations. The maximum fine is $1,000 for any 365-day period.Schatz said Liquor Control Enforcement, an arm of the PLCB, will handle issues such as establishments serving minors and could still be called to deal with noise complaints if the police deem it necessary.Revenue from noise ordinance fines will go to the borough.