(A) No person or group of persons shall operate or cause to be operated a source of sound in excess of sound levels as specified in § 92.04 without first obtaining a permit as hereinafter set forth.
(B) Any person or persons desiring a permit shall apply as provided herein and provide all information required.
(1) A legally responsible person of 18 years or older, must be listed on the permit.
(2) An application for a permit pursuant to this division shall be submitted to the county’s central permitting office at least seven days prior to the event or activity. Upon tentative approval, the applicant for a permit shall be responsible for mailing or otherwise delivering to the occupants of each property within a 1,000-foot radius of the facility or property for which the permit is being considered, as shown on the tax maps of the county, a notice stating the date and hours of the event. The notice shall be delivered at least 72 hours in advance of the event. The permit shall not be granted until the applicant submits an affidavit to central permitting that the notices have actually been mailed or delivered. An application may be accepted with less than seven days’ notice provided notice to property owners is achieved within 72 hours of the event.
(3) The applicant or applicant’s designee shall have the permit present at the event and available for inspection upon request by any law enforcement officer; otherwise the permit becomes null and void.
(4) The County Manager, or his or her designee, will act expeditiously upon all requests for a permit to exceed maximum permissible sound levels.
(5) In considering and acting on all requests for permits pursuant to this section, the County Manager, or his or her designee, shall consider the following in issuing or denying the permit: the timeliness of the application; the nature of the requested activity or event; the time of the event, and other activities in the vicinity of the location proposed; the effect of the activity on surrounding areas and/or persons; previous noise ordinance violations or failure to provide any of the provisions in this division, if any, of the applicant, and any other relevant information at his or her disposal. Any person aggrieved by a permit decision may seek review by certiorari in the Superior Court of the county.
(6) Prior to obtaining a permit to exceed maximum permissible sound levels, the applicant will pay to the county an administrative fee of $50, or the then current fee. The information included in the permit shall include the type of activity, purpose of the event, address of event, date of the event or activity.
(7) Permit holders shall cooperate with the County Sheriff’s office in enforcing this chapter by having the applicant or applicant’s designee as indicated on the permit application physically present at the site of the event during the entire time for which a permit has been issued and shall agree to assist the Sheriff in enforcing this chapter. The permit holder shall allow the Sheriff’s officer to enter the premises at any time during the prescribed activity in order to assess compliance. Failure of the applicant or designee to be present or to assist the Sheriff as herein prescribed shall be cause for revocation of the permit.
(C) A violation of this section is punishable as a misdemeanor.
(Ord. passed 9-18-2006; Ord. passed 10-19-2015; Ord. passed 11-15-2021) Penalty, see § 92.99