(A) A person or group of persons that may produce or cause to be produced sound in excess of the limits set in Table I only if a permit to exceed had been obtained. With a permit granted pursuant to this section, maximum sound levels shall be as set out in § 91.04, Table II.
(B) (1) Any person or group of persons desiring a permit to exceed shall apply as provided in this section and shall provide all information required. All applications for a permit to exceed shall be submitted to the Sheriff or his or her designee at least 72 hours prior to the scheduled event.
(2) Failure to comply with this requirement shall be grounds for denying the permit.
(C) The Sheriff or his or her designee shall act upon all requests for permits. In considering and acting on all requests for permits pursuant to this chapter, the Sheriff shall consider, but shall not be limited to the following in issuing or denying the permit: the timeliness of the application; the nature of the requested activity; previous experience with the applicant; the time of the event; other activities in the vicinity of the location proposed; the cultural or social benefits of the proposed activity; the effect of the activity on any residential area of the county; and previous violations, if any, of the applicant.
(D) Permits to exceed shall specify the duration for which noncompliance shall be permitted and shall prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood. The Sheriff or his or her designee may require, but shall not be limited to the following.
(1) No sound speakers may be set up more than ten feet off the ground.
(2) The permit holder(s) shall change the arrangement of amplifying equipment or sound instruments upon the request of any county official so as to minimize the disturbance to others resulting from position or orientation of the amplifying equipment or from atmospherically or geographically caused dispersal of sound beyond the property lines.
(3) No permitted event may last more than four hours in duration. This is a mandatory condition.
(4) No event may extend beyond 11:00 p.m. This is a mandatory condition.
(5) The site of the event, and the area surrounding the site of the event, will be cleaned, by the applicant, of all the trash, litter and debris by 10:00 a.m. the following day or by sunset of the day the event ends if at least four hours before sunset.
(E) Permit holder(s) shall agree to cooperate with the Sheriff's Department in enforcing this chapter by having the signer(s) of the permit available at the site of the event during the entire time for which a permit has been issued and capable of assisting the Sheriff in enforcing this chapter. Failure of the signer(s) of a permit to be present or to assist the Sheriff in complying with this chapter will be cause for revocation of the permit.
(Ord. passed 7-7-97)