40 Pa. Code § 5.36 - Municipal noise ordinances
(a) A
municipality that desires exemption from section 493(34) of the Liquor Code
(47
P. S. §
4-493(34)),
shall, under section 493.1(b) of the Liquor Code (47 P. S. §
4-493.1(b)), file a petition
with the Board, requesting approval. With its petition, the municipality shall
file the following:
(1) A copy of the
municipality's noise ordinance currently in effect.
(2) The municipality's resolution that:
(i) Confirms the municipality's support of
the petition to substitute the municipal noise ordinance for section 493(34) of
the Liquor Code.
(ii) Cites the
municipal noise ordinance.
(iii)
States the municipality's intention to enforce the ordinance in place of
section 493(34) of the Liquor Code.
(3) A complete written description of the
boundary lines for the proposed exempted noise area.
(4) One copy of a geographical map, the
minimum size of which is 36" x 36", including the designated boundary lines of
the proposed exempted noise area within the municipality.
(5) Three copies of the geographical map
required by paragraph (4), the size of which will be 8 1/2" x 11
1/2".
(6) Identification of a
proposed location, within the proposed exempted noise area, to be used by the
Board to hold the required public hearing within the proposed exempted
area.
(7) Identification of a local
print publication of general circulation that would satisfy 65 Pa.C.S. Chapter
7 (relating to Sunshine Act) notice requirement for announcement of the
required public hearing.
(b) A date for a public hearing shall be set
and public notice given in advance of the hearing: The hearing must comply with
all notice, recording and public participation requirements of 65 Pa.C.S.
Chapter 7.
(c) Within 60 days after
receipt of the petition, the Board will disapprove the petition for an
exemption in its entirety or may approve an area more limited for which the
petition will be granted if the Board finds that granting the petition will
have an adverse effect on the welfare, health, peace and morals of the
residents living in the vicinity of the identified area; otherwise the Board
will approve the petition.
(d) The
Board may place additional conditions on the petition's approval such as
limiting the duration of the approval and any other condition the Board deems
appropriate.
(e) There shall be a
right to appeal to the court of common pleas in the same manner provided by
this act for appeals from refusals to grant licenses.
(f) A municipality may rescind any existing
exemption from section 493(34) of the Liquor Code by notifying the Board of its
intention to do so in writing, 15 days prior to the rescission date. The notice
must be accompanied by an ordinance or resolution authorizing the
rescission.
(g) A rescission of an
existing exemption which does not rescind the entire exempted area shall be
treated as a new petition for exemption with the Board and shall follow the
procedures in this section.
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