For purposes of this chapter, certain words and phrases used
herein are defined as follows:
DAYTIME
6:00 a.m. to 10:59 p.m. the same day.
DESIGNATED OFFICIAL
Shall be the person or official appointed by the Borough
to enforce this chapter. If no person has otherwise been appointed,
the Police Department of the Borough of Jim Thorpe shall have the
authority to enforce this chapter.
DISTRICT
A part, zone, or geographic area of the Borough within which
certain zoning or development regulations apply.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which necessitates immediate
action. Economic loss shall not be the sole determining factor in
the determination of an emergency. It shall be the burden of an alleged
violator to prove an "emergency."
EMERGENCY WORK
Any work made necessary to restore property to a safe condition
following an emergency, or to protect property threatened by an imminent
emergency, to the extent such work is necessary to protect persons
or property from exposure to imminent danger or damage.
LICENSED ESTABLISHMENT
A business or organization in possession of a valid license
to serve alcohol issued by the Pennsylvania Liquor Control Board within
the Borough of Jim Thorpe, Pennsylvania.
NIGHTTIME
11:00 p.m. to 5:59 a.m. the following day.
NOISE
Any sound which disturbs humans which causes or tends to
cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which:
A.
Disturbs a reasonable person of normal sensitivities; or
B.
Is plainly audible as defined in this section.
PERSON
Any person, person's firm, association, copartnership,
joint venture, corporation, or any entity public or private in nature.
PLAINLY AUDIBLE
Any sound or noise produced by any source, or reproduced
by a radio, tape player, television, CD player, electronic audio equipment,
musical instrument, sound amplifier or other mechanical or electronic
sound-making device, or nonamplified human voice that can be clearly
heard by a person using his/her normal hearing faculties.
PROPERTY BOUNDARY
Any imaginary line of any property, at the ground surface,
and its vertical extension, which separates the real property owned
by one person from that owned by another person.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, sidewalk, bike path or alley,
or similar place normally accessible to the public which is owned
or controlled by a governmental entity.
REASONABLE TIME
A radio, music or sound player or other mechanical sound-making
device or instrument within a motor vehicle is instantly. Otherwise,
absent special circumstances, "reasonable time" is five minutes.
Any police officer or other designated official who hears a noise or sound that is plainly audible, as defined in §
314-1, in violation of this chapter, shall assess the noise or sound according to the following standards.
A. The primary means of detection shall be by means of the official's
normal hearing faculties, so long as the official's hearing is
not enhanced by any device, such as a hearing aid.
B. The official must have a direct line of sight and hearing to the
real property of the source of the sound or noise so that the official
can readily identify the offending source of the sound or noise and
the distance involved. If the official is unable to have a direct
line of sight and hearing to the real property of the source of the
sound or noise, then the official shall confirm the source of the
sound or noise by approaching the suspected real property source of
the sound or noise until the official is able to obtain a direct line
of sight and hearing, and identify the identical or same sound or
noise that was heard at the place of original assessment of the sound
or noise.
C. The official need not determine the particular words or phrases being
said or produced or the name of any song or artist producing the noise
or sound. The detection of a rhythmic bass reverberating type of noise
or sound is sufficient to constitute a plainly audible noise or sound.