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(a) The prohibitions contained in this chapter shall not be applicable to the activities of departments or divisions of the City, County, State or Federal Government engaged in any activity to protect the public health and safety, maintain the public streets, roads, bridges, sidewalks and other infrastructure, or respond to any emergency or disaster.
(b) The prohibitions contained within this chapter shall not be applicable to noise which is normally incidental to commercial or industrial activity and which is caused by such activity conducted within a commercial or industrial area between the hours of 7:00 a.m. and 7:00 p.m., as long as such incidental noise does not create a noise disturbance as defined in Sections 511.01(b)(1) or (b)(2).
(c) The prohibitions contained within this chapter shall not be applicable to noise which is normally incidental to construction, repair, maintenance, or demolition of structures and appurtenances, or to mowing or trimming lawns or shrubs, or to trimming or removing trees, and which is caused by such activity conducted within a residential area between the hours of 7:00 a.m. and 7:00 p.m., as long as such incidental noise does not create a noise disturbance as defined in Sections 511.01(b)(1) or (b)(2).
(d) The prohibitions contained within this chapter shall not be applicable to any activity for which a valid permit has been obtained from the City Manager as set forth herein or in Chapter 341. (Ord. 2008-123. Passed 9-15-08.)
(a) No person desiring to hold or conduct a concert, street fair, or other social, charitable, or commercial event which may result in a violation of this chapter shall hold or conduct such event without first obtaining a permit from the City Manager. Such permit may be granted if, in the opinion of the City Manager, the noise level and duration will not be injurious to the public health or safety or unduly annoying to a person of ordinary sensibilities.
(1) In no event shall any such permit, if issued, allow the music or sound amplification or reproduction equipment to be operated in such a manner that is plainly audible beyond the property line of the premises occupied by the operator or containing any component of the equipment used to produce such sound after 11:00 p.m.
(2) The cost of such permit shall be twenty-five dollars ($25.00). No permit shall be issued for more than three continuous days, nor shall any person be issued permits for an event or events at a single location aggregating more than seven days in any thirty-day period.
(b) The prohibition set forth in subsection (a) hereof shall not apply to social or sporting events held in or on the property of any public or private school which are attended primarily by students and parents of students and supervised or chaperoned by persons employed by such school. No permit shall be required for such events.
(Ord. 2008-123. Passed 9-15-08.)
A violation of any provision of this chapter is a minor misdemeanor as to a first offense, and a fourth degree misdemeanor for a second or subsequent offense committed within one year of a prior conviction of a violation of any provision of this chapter. Each day of a continuing violation shall be treated as a separate offense.
(Ord. 2008-123. Passed 9-15-08.)
CITY OF ASHTABULA