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This chapter shall not apply to the following:
1. The emission of sound for the purpose of alerting persons to the existence of an emergency. This is to include the public address systems.
2. The emission of sound in the performance of emergency work.
3. Rail and air transportation and public mass transportation vehicles.
4. The emission of sound from church bells, carillons, or chimes.
5. The emission of sounds from sound equipment made by students, employees or the general public while in attendance at any school-sponsored event or any City sponsored, hosted or funded event using sound equipment with approval from the City Manager.
6. The emission of sounds made by participants and observers of any parade that has been approved by the Council.
7. The sound made or caused to be made by City, school or State-owned or hired equipment or facilities for the conduct of City, school or State operations.
8. The emission of sound associated with the business operations of a company located on property zoned as retail, commercial or industrial during the hours in which the company conducts business operations to include loading and unloading at any time. This exception does not include amplified sound or music.
1. In order to implement and enforce this chapter and for the general purpose of sound and vibration abatement and control, the Noise Control Officer (NCO) shall have, in addition to any other authority vested, the power to:
A. Conduct, or cause to be conducted, research, monitoring, and other studies related to sound and vibration.
B. Conduct programs of public education regarding:
(1) The causes, effects and general methods of abatement and control of noise and vibration; and
(2) The actions prohibited by this chapter and the procedures for reporting violations; and
(3) Encourage the participation of public interest groups in related public information efforts.
C. Coordinate the noise and vibration control activities of all municipal departments.
D. Cooperate to the extent practicable with appropriate County and municipal agencies.
2. In order to implement and enforce this chapter effectively, the NCO shall within a reasonable time after the effective date of this chapter:
A. Develop and promulgate standards, testing methods and procedures, subject to approval of the City Council;
B. Investigate and pursue possible violations of this chapter;
C. Delegate functions, where appropriate under this chapter, to personnel within the NCO and to other departments of the City.
Any permit issued under the provisions of this chapter may be suspended or revoked by the City as follows.
1. Grounds. The City Clerk's Office may suspend or revoke any license issued under this chapter for any of, but not limited to, the following reasons:
A. The permit holder has made fraudulent statements in his/her application for the license or in the conduct of his/her business.
B. The permit holder has violated this chapter or any other chapter of this code or has otherwise conducted his/her business in an unlawful manner.
C. The permit holder has conducted his/her business in such a manner as to endanger the public welfare, safety, order, or morals.
D. The City Clerk's Office has received and investigated three (3) or more found complaints during the permitted period.
2. Notice of Suspension or Revocation; Right to Appeal. The City Clerk or Clerk's designee shall cause notice of the permit revocation to be served in person by a City official or by mail to the licensee's local address, which notice shall specify the reason(s) for such action. The permit holder may appeal the revocation of the permit to the City Council at its next regularly scheduled meeting by filing with the Clerk a written request for an appeal to the City Council at least seven (7) days prior to the meeting. The City Council may affirm, modify or reverse the decision of the Clerk to revoke such permit. If a permit is revoked, no refund of any permit fee paid shall be made. Upon the revocation of a permit the permit holder is not eligible for the issuance of a new permit under this chapter for a period of one year from the date the revocation is served in person or deposited in the U.S. mail.
Unless another penalty is expressly provided by this chapter for any particular provision or section, violations of this chapter are simple misdemeanors subject to a fine of not more than five hundred dollars ($500.00) and may also be punishable as municipal infractions subject to a civil penalty as set forth in this Code. Police officers, code enforcement officers or the Police Chief's designees shall have the authority to issue citations for violations of this chapter and shall have the discretion to enforce this chapter as either a simple misdemeanor or municipal infraction.
(Ch. 44 - Ord. 2006 - Jun. 20 Supp.)