(A) Noise permit.
(1) The city may grant a permit to make noise or perform acts otherwise controlled or prohibited by this section upon application by a person specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the city that to deny the permit under the circumstances surrounding the making of the application would create an undue hardship upon the applicant and upon a further determination by the city that to grant the permit would not create an undue or prolonged hardship on others for whose benefit and protection the noise or act is prohibited by this section.
(2) Any permit so granted may contain conditions or requirements upon which it is granted as the city deems necessary to minimize the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective.
(3) In addition to the basis of undue hardship as a standard for granting such a permit, the city may grant such a permit upon its determination that:
(a) The granting of the permit is necessary to allow applicant to modify his or her customary activities so as to comply with this section, if the city determines that such customary activity of applicant was not originally undertaken or performed under circumstances, and in a manner evidencing a total disregard for the rights of others;
(b) The activity, operation or noise source will be of a temporary duration and cannot reasonably be performed or controlled in such a manner so as to comply with the provisions of this section; or
(c) The activity creating the noise constitutes a program of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose.
(B) Offenses. It is unlawful for any person to knowingly join or participate in any activity conducted in violation of any term of any permit granted by this chapter.
(C) Parade and motorcade permits. The provisions, controls and prohibitions of this section shall not apply to noise made and acts performed by bona fide participants in a parade or motorcade authorized by a permit issued pursuant to the provisions of Chapter 5.20.
(Prior Code, § 9.02.070) (Ord. 2021-13, passed 12-20-2021)