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In connection with a permitted special event, no person shall make, cause, allow, or permit the operation of any continuous source of sound in such a manner as to create, when measured at or beyond 100 feet from the source from which the sound emanates if the source is located on public property, or at or beyond the real property line if the source is on private property, a sound level that exceeds the dBA or dBC standard in this chapter applicable to the point of measurement and the time of measurement, unless a different standard is established in the special event permit.
The Director of Development Services or his or her designee is authorized to issue a temporary permit to allow noise prohibited by §§ 100.02 and 100.04 when produced by temporary use or activity which does not significantly endanger the health, safety and domestic tranquility of the sur-rounding neighborhood. The Director of Development Services or his or her designee may prescribe any conditions reasonably necessary to minimize any adverse impact upon the affected neighborhood. A permit granted hereunder shall contain all conditions upon which the permit has been granted including the period of time for which the permit has been granted. Such departures may be granted in the following situations:
(A) Compliance in progress. When an applicant is making best efforts to comply with the noise restriction in this chapter, but additional time is required for the applicant to modify the activity to comply and no reasonable alternative is available to the applicant. Such temporary permits may be granted for a period of time not to exceed ten days.
(B) Construction. When construction activities pursuant to a valid building permit cannot be accomplished in a manner which would comply with §§ 100.02 and 100.04 ; provided that all equipment shall be operated in accordance with manufacturer’s specifications, the equipment shall be in good repair and the permittee shall utilize all available noise baffling methods as specified by the manufacturer. Such permits may be granted for a period of time not to exceed three days unless otherwise authorized by the Director of Development Services or his or her designee.
(C) Special events. When the applicant seeks to hold an activity or special event and has previously met all of the city’s requirements for obtaining such permit as set forth in the City Code and the activity or special event cannot be performed or accomplished in a manner which would comply with §§ 100.02 and 100.04 of this chapter. Such permits may be issued for a period of time not to exceed three days.
(E) Permit denied. A temporary permit application may be denied if the Director of Development Services or his or her designee finds that the proposed activity or special event will result in a private or public nuisance on any adjoining or receiving property. A permit may not be denied on the basis of the content of the proposed sound. The Director of Development Services or his or her designee may also establish temporary permit conditions for a particular time and location as an alternative to the request contained in a temporary permit application, considering factors such as the location of the event, the compatibility of the amplified noise levels generated, and the compatibility of the hours of operation with the surrounding neighborhood and the operation’s impact upon the domestic tranquility of the surrounding neighborhood.
(F) Permit appeal. A decision by the Director of Development Services or his or her designee to deny a temporary permit application shall immediately authorize the aggrieved party to a right of appeal to the City Manager or Assistant City Manager no later than three business days following the denial of the temporary permit application by submitting a written request for appeal to the Office of the City Manager or Assistant City Manager. The City Manager or Assistant City Manager shall confer with the City Attorney and respond to the written request for appeal of the permit denial in a reasonable and timely manner.
(Ord. O-95-35, passed 7-5-95; Am. Ord. O-97-07, passed 3-26-97; Am. Ord. O-2021-05, passed 4-7-21)