(A) Application. An application, on a form approved by the town, for a permit for commercial sound amplification pursuant to this section must be submitted to the Town Manager’s office no more than 30, but no less than 15, business days before the permit time requested. The application shall specify the responsible person(s) for the sound amplification equipment.
(B) Factors to be considered. In determining whether a permit should be issued pursuant to this section, the Town Manager shall consider the following:
(1) The time period during which the event will occur;
(2) The location of the event;
(3) Whether the activities would be in compliance with other applicable laws;
(4) Whether the designated place (or nearby place) at the requested time has already been permitted to a different applicant;
(5) Whether the equipment to be used and the number of units of equipment to be used will likely lead to excessive noise;
(6) Whether the applicant/sponsor has had any prior violations of the town noise ordinance, amplification ordinance, or related state or federal law violations;
(7) Whether the applicant/sponsor was found to have made misleading statements in prior applications to the town requesting issuance of an amplification permit; and
(8) Whether this applicant/sponsor has had prior permits granted which excluded the opportunity to provide permits to neighboring property, and whether in the interest of fairness and equity, a neighboring property should be given a permit.
(C) Review of permits. Permit applications shall be reviewed by the Town Manager, and after consideration of the factors outlined in division (B) above, the Town Manager shall decide which permits to grant and which permits to reject. The Town Manager may include reasonable conditions on any permit to be granted (including, but not limited to, a set decibel limit on noise) and any failure of the sponsor to abide by (or ensure other participants abide by) the same may result in the denial of future permits, the suspension of the sponsor’s ability to request a similar permit for a set period of time, and/or the immediate revocation of any permit granted as a result of this application.
(D) Limit on permits by geographical area. Subsequent permits shall not be issued for the same date for a location within a 500-foot radius of the location of an issued permit.
(E) Not permitted in residentially-zoned areas. Permits for sound amplification may not be issued for residentially-occupied property. The creation of sounds registering more than 70 dB(A) anywhere within the boundary line of the nearest residentially-occupied property shall be prohibited.
(F) Permit revocation. If sound checks taken by a town police officer, or other authorized law enforcement officer, during the event of amplified sound determines the sound levels to be in excess of the permit, or should it be determined that any other conditions of this section have not been completed as required or other conditions of the permit not met, the law enforcement officer charge the offender with a violation of this subchapter, and require an immediate cessation of the amplified sound. In addition, law enforcement shall notify the Town Manager of such violation so that a record may be made of any such violation and considered when determining whether additional permits shall be issued to a particular venue in the future.
(G) Permit denial. If the applicant has been denied the issuance of a permit by the Town Manager, and believes the denial to be illegal under applicable local, state or federal law, the applicant may appeal the denial to the Town Council. The appeal shall be delivered in writing, and shall include a copy of the permit and a statement as to the applicant’s beliefs to the legal basis for the appeal. The Town Council shall have the discretion to grant an exceptional permit, waiving the exceptions for location, time of day and/or decibel restrictions, upon his or her determination that the applicant has made a substantial showing of legal entitlement.
(Ord. passed 9-16-2021) Penalty, see § 90.99