(A) Who may apply. A person or group of persons that may produce or cause to be produced sound in excess of the limits set in Table I of § 131.04(C) of this chapter 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 Table II of § 131.04(D) of this chapter.
(B) Application for permit. Any person or group of persons desiring an outdoor amplified sound permit or 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 Chief of Police or his or her designee at least 72 hours prior to the scheduled event; failure to comply with this requirement shall be grounds for denying the permit.
(C) Estimated maximum number of people attending. The applicant is cautioned that the estimated number of people attending this is placed on the application is the maximum number that they can allow to attend. Any number of people in excess of the estimated maximum will be grounds for immediate revocation of the permit. The applicant is responsible for not allowing the maximum number to be exceeded.
(D) Action by Chief of Police. The Chief of Police or his or her designee shall act upon all requests for permits. In considering and acting on all requests for permits pursuant to this section, the Chief of Police shall consider, but shall not be limited to, the following, in issuing or denying such 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 frequency of the application; the cultural or social benefits of the proposed activity; the effect of the activity on any residential area of the city; and previous violations, if any, of the applicant. In assessing other activities in the vicinity and the frequency of applications in the vicinity, the Chief shall not issue more than two permits per month within a 1,000-foot radius of each other, or issue permits for events on consecutive weekends (Friday and Saturday) within a 1,000-foot radius of each other. In considering or acting upon a request for a permit to exceed, the Chief of Police or appointed designee shall limit permits granted at any specific location to no more than two permits to exceed per year.
(E) Conditions on permit. Permits to exceed and outdoor amplified sound permits shall specify the duration for which non-compliance shall be permitted and shall prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood. The Chief of Police 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 change the arrangement of amplifying equipment or sound instruments upon the request of any police officer of the city so as to minimize the disturbance to others resulting from the position or orientation of the amplifying equipment or from atmospherically or geographically caused dispersal of sound beyond the property lines;
(3) Adjoining property owners surrounding the location proposed as the site of the permitted event be notified by the applicant at least 72 hours prior to the scheduled event, and also advised of the time by which clean-up of the area will be accomplished. Notice to the adjoining property owners shall include a statement indicating that comments or concerns regarding the issuance of a permit at the proposed location may be made to the Chief of Police prior to the event. These conditions are mandatory on all permit to exceed applicants;
(4) No permitted event may last more than four hours in duration. This is a mandatory condition;
(5) No event may extend beyond 11:00 p.m. This is a mandatory condition; and
(6) 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 on the day of the event, if the event ends at least four hours before sunset.
(F) Cooperation with police. The permit holder shall agree to cooperate with the Police Department in enforcing this chapter by having the signer 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 police in enforcing this chapter. Failure of such signer of a permit to be present or to assist the police in complying with this section will be cause for revocation of said permit.
(2005 Code, § 50-44) (Ord. passed 1-8-1996; Ord. passed 6-2-1997)