(a) Application. Application for a permit under section 22-106(8) or for additional amplification under section 22-109 shall be submitted in writing to the police department at least 15 working days in advance of the planned use. The application shall designate an individual person or persons who shall be:
(1) in control of the amplification in the case of a permit for section 22-109;
(2) in control of the firing or discharge of a gun or pyrotechnics in the case of a permit under section 22-106(8); and
(3) responsible for seeing that the activity complies with the terms of the permit.
(b) Notice of tentative approval. In the case of permits for additional sound amplification pursuant to section 22-109, if the permit is tentatively approved, the applicant shall be responsible for mailing or otherwise delivering to the occupants of each property within a 1,000-foot radius of the property or facility for which the permit has been granted, as shown on the county tax maps, a notice on a form provided by the noise control officer showing the date and hours of the event. The notice shall be delivered at least 72 hours in advance of the event. The permit will not be approved and issued by the town until the applicant submits an affidavit to the noise control officer confirming that such notices have actually been mailed or otherwise delivered.
(c) Number of hours. In the case of excess amplification under section 22-109, no permits shall be issued which shall have the effect of allowing more than 20 hours of excess amplification per year at any place of public entertainment or ten hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the noise control officer in the order of receipt unless permits for 20 or more hours have previously been issued for the same or other locations within a 1,000-foot radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year's accumulated hours of excess amplification in that location between 20 hours or select another location.
(d) Not permitted in residentially occupied boundaries. In no event shall a permit be granted which allows the creation of sounds registering more than 70 dB(A) at any point on or within the boundary line of the nearest residentially occupied property. For multifamily structures, including apartments, condominiums, or other residential arrangements, and for structures where boundary lines cannot readily be determined or do not exist, measurements shall be taken from any point abutting the exterior of the residential unit.
(e) Denial; exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, the applicant shall promptly submit a copy of the denied permit application together with a short statement of the reasons the applicant believes he is entitled to a permit to the town manager. The town manager shall have the discretion to grant an exceptional permit waiving locational, time, and/or dB(A) requirements, upon the determination by the town manager that the applicant has made a substantial showing of legal entitlement. Any such exception permit shall be promptly reported to the town council.
(Code 1982, § 13-16; Ord. No. 93-29, 5-13-1993; Ord. No. 05-003, 2-24-2005; Ord. No. 2013-Code-05, 10-10-2013)