(A) A person or group of persons may produce or cause to be produced sound in excess of levels authorized in this chapter, only if a permit to exceed the limit for the time and place of the activity has been obtained and the person or group of persons is not exempt from § 93.99.
(B) Any person or group of persons desiring a permit shall apply as provided herein, and shall provide all information required. All applications shall be submitted to the Police Chief or his or her designee at least forty-eight (48) hours prior to the scheduled event. Failure to comply with this requirement shall be grounds for denying the permit.
(C) The Police Chief or his or her designee shall have the authority to take final action on all applications for permits specified in this section. In considering and acting on the applications, the Police Chief or his or her designee shall consider, but shall not be limited to, the following in issuing or denying the permit: the timeliness of the application; the nature of the requested activity; previous experience with the applicant; other activities in the vicinity of the proposed location; the frequency of the application; the cultural or social benefit of the proposed activity; the effect of the activity on the residential areas of the City.
(D) Permits to exceed limits shall specify the duration for which noncompliance shall be permitted and may prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood. The Police Chief or his or her designee may require, but shall not be limited to, the following:
(1) That no sound speakers shall be set up more than ten feet above the ground; and
(2) That the permit holders change the arrangement of the loud speakers or the sound instruments so as to minimize the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines.
(E) Permit holders shall agree to cooperate with the Police Department in enforcing this chapter by having the individual(s) who signed the permit application on behalf of the applicant available at the site of the event during the entire time for which a permit has been issued. The permit holders must be capable of assisting the police in enforcing the noise control ordinance. Failure of the permit holders or designees to be present or to assist the police in compliance with this chapter may result in the immediate revocation of the permit.
(1989 Code, § 11-4.8) (Ord. 02-01, passed 4-8-2002; Ord. 17-O-03, passed 11-27-2017) Penalty, see §
93.99