No person shall use, operate or cause to be used or operated any sound equipment upon the public right-of-way, in any building or upon any public or private premises, if the sound emitted is plainly audible from the public right-of-way within the City, unless such person has obtained a noise permit in accordance with this section, and the actual use or operation of such sound equipment is not inconsistent with the statements made in the application, the conditions imposed in the sound equipment permit or the limitations specified in subsection 5 of this section.
1. A noise permit for sound is an annual license that expires on March 31 each year and must be renewed prior to the first event after that date. Each event where a noise permit will be needed must be listed on the permit application. The event schedule may be amended from time to time with the City Clerks approval.
2. A single-event noise permit license may be issued for a duration of no more than three (3) consecutive days.
3. A noise permit shall not be transferable, and it shall be conspicuously displayed on or adjacent to the sound equipment.
4. Hours of operation of sound equipment shall be limited to six (6) hours. If a sound permit is issued in conjunction with a city approved special events permit then the six (6) hour limitation may be modified and extended.
5. Application for Permit. Applications for noise permits shall be made in writing to the City Clerk and shall contain the following information:
A. Name, address, phone numbers, and signature of applicant.
B. The purpose for which the sound equipment will be used.
C. The location where the sound equipment will be used.
D. The dates of the event(s) that are to be included under the permit.
E. The proposed hours of operation of the sound equipment.
F. A general description of the sound equipment, including the license number of any motor vehicle upon which it is to be operated.
G. The name, address, phone number and a letter of written permission from the building and/or property owner if the noise permit is issued for a location that is not owned or leased by the applicant.
H. The signature(s) of property owners within 200 feet of a residential property line and of property owners adjacent to a commercial property line.
I. Any other information as may be required by the City Clerk.
J. Acknowledgement of Rules established by the City and agreement to adhere to them.
K. Single event applications and fees must be received at least ten (10) business days before the event, and annual permits must be received twenty (20) business days before the first scheduled event of the year.
6. Application Fee. The application fee shall be paid by the applicant for the permit upon submission of the application. The application fee shall be nonrefundable. No fee is required for a noise permit issued to City, State or Federal government or any governmental subdivision or agency.
7. Issuance of Permit. Applications for noise permits shall be reviewed and issued or denied by the City Clerk and must adhere to the rules set forth for specified times defined in Section 44.06 subsection 7.
8. Appeal. If the City Clerk refuses to issue a noise permit, the City Clerk shall make a part of the record the reasons. The applicant shall have a right to appeal the Council at its next regular meeting. The Council may reverse, modify, or affirm the decision of the City Clerk by majority vote of the Council members present and the City Clerk shall carry out the decision of the Council.
9. Limitations. A sound equipment permit shall not be issued if:
A. The sound to be emitted by the sound equipment is other than human speech or music.
B. The sound equipment is to be operated for commercial advertising purposes or for the purpose of attracting the attention of the public to any building, structure, or vehicle for monetary profit or for the purpose of advertising such sound equipment.
C. The sound to be emitted by the sound equipment would be a noise disturbance under Section 44.05 of this chapter (other than subsection 18 of said section).
10. Conditions. The City Manager or the City Manager's designee may impose reasonable conditions and requirements to be met or fulfilled by the noise permit holder preliminary to or at the time of the use or operation of the sound equipment. Such conditions and requirements shall be those necessary or advisable to protect the health, welfare and quality of life of the residents of the City and may include, without limitation, setbacks, fences, walls or other screening necessary to mitigate noise, restrictions on the time of day the sound equipment can be used or operated, restrictions on the level of the sound to be produced and restrictions on the number of minutes or consecutive minutes (or other units of time) that the sound equipment may be used or operated during any one hour or day (or other units of time).
11. Time. proposed hours of operation of the sound equipment shall be limited to six (6) hours, unless issued in conjunction with a city approved special event permit. Noise permits shall not extend after 9:00 p.m. on a weeknight or after 11:00 p.m. on a weekend night or on the night prior to a holiday or the night of a holiday, except in unusual circumstances, for good cause shown and approved by the City Council at their next regular council meeting. Weeknight includes Sunday through Thursday and Weekend night includes Friday through Saturday. Notwithstanding the preceding, the hours set out in a Noise Permit issued to a permittee that has been issued a Special Use Permit in accordance with 196.02(1) shall not exceed those hours granted in the Special Use Permit.
12. Rules. No person shall operate or cause to be operated on public or private property any source of sound in such a matter as to create a sound level that exceeds the following limits on receiving land:
RECEIVING | MAXIMUM dB PERMITTED |
Residential: | 70 dB between 7 a.m. and 8 p.m. 65 dB after 8 p.m. |
Commercial: | 75 dB between 7 a.m. and 8 p.m. 70 dB after 8 p.m. |
A. The measurement of sound shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute (ANSI). The instrument shall be maintained in calibration and good working order. Measurements recorded shall be taken so as to provide a proper representation of the noise source.
B. If there is no voluntary compliance within a reasonable amount of time, the Noise Control Officer is given the authority to issue a municipal citation to shut down the event, to turn off the sound equipment, or to reduce the sound to the level authorized by the Noise Permit.
C. An event for which a Noise Permit either has not been obtained or which is in violation of the maximum decibel levels will also be subject to those penalties established elsewhere in this Code.
D. Maximum dB Permitted levels for Entertainment Districts are defined in Chapter 143 of the City Code.
(Ord. 2099 - Apr. 22 Supp.)