(A) The Mayor may grant a temporary permit which allows non-compliance with the limitations prescribed in this article for the purpose of amplified sound or construction noise activities of short duration.
(B) Permits shall be granted upon application, at no cost to applicant, provided an initial evaluation indicates that the permit will not result in a condition injurious to health or safety.
(C) The following factors shall be considered in the initial evaluation to determine whether granting the permit will result in a condition injurious to health or safety:
(1) Temporary Permits for use of sound amplifying equipment:
(a) Distance of proposed activities from noise-sensitive property;
(b) Number of amplification devices to be used in the proposed activities;
(c) Anticipated direction of amplification devices;
(d) Anticipated length of proposed activities;
(e) Whether the activity will be held within or without a structure; and
(f) Other circumstances or conditions that may be impacted or aggravated by the proposed activities.
(2) Temporary Construction Noise Permits:
(a) Distance from noise-sensitive property;
(b) Type of activity and equipment;
(c) Estimated noise level and duration;
(d) Noise mitigation measures to be used;
(e) Health and safety benefits to be realized as a result of the completed project; and
(f) Other circumstances or conditions that may be impacted or aggravated by the proposed activities.
(D) Upon a determination that the granting of a permit will not result in a condition injurious to health or safety, the permit shall be issued specifying place, duration, and any requirements appropriate to the proposed activity site, which may include maximum sound level limits.
(E) Unless other dates and times are explicitly addressed in the permit, permitted noise shall not continue past 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday. On Friday and Saturday, permitted noise shall not continue past 12:00 a.m.
(F) Issued permits become void and shall be surrendered to any city police officer or any representative of the Mayor authorized to enforce this article upon request when it is determined that any requirement contained in the permit has been violated. Upon revocation of the permit, permitted activities must either immediately cease or must be in compliance with the limitations prescribed in this article.
(G) A subsequent permit application by the same applicant or another applicant may be denied upon substantiated complaint(s) by resident(s) in the locality of the previously permitted activity or if an applicant has in the past been required to surrender a permit as described in division (F).
(H) This section shall not apply to any person who has been granted a variance as prescribed by § 9-9-6.
(I) Any person aggrieved by the disposition of an application for a temporary permit may appeal such disposition by filing a written petition with the Mayor within 30 days of the disposition.
('74 Code, § 6-22-5) (Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 2017-002)