(A) Emergency exception. The provisions of this subchapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of any emergency, or the emission of sound in the performance of emergency work.
(B) Lawn maintenance tools exception. The provisions of this subchapter shall not apply to the emission of sound created by the use of equipment normally considered to be lawn maintenance equipment, provided that such equipment does not exceed a maximum decibel level of 110 for one hour period and such equipment is used between the hours of 7:00 a.m. to 10:00 p.m.
(C) Special event exemptions.
(1) The City Commission shall have the authority, consistent with this section, to grant special event exemptions.
(2) Any person seeking a special event exemption pursuant to this section shall file an application with the City Commission. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special event exemption is sought into compliance with this section would constitute an unreasonable adversity on the applicant, on the community, or on other persons.
(3) In determining whether to grant or deny the application, the City Commission shall balance the desires of the applicant, the community, and other persons of not granting the special event exemption against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special event exemption. Applicants for special event exemptions and persons contesting special event exemptions may be required to submit any information the City Commission may reasonably require. Upon submission of all required information, the City Commission shall grant or deny the application within 30 days.
(4) Special event exemptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity, and a limit on the noise level. The special event exemption shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special event exemption shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special event exemption was granted.
(5) Application for extension of time limits specified in special event exemptions or for modification of other substantial conditions shall be treated like applications for initial special event exemptions.
(6) The denial of an application shall be final. An applicant whose application is denied may immediately appeal as a matter of right to a court of competent jurisdiction, which court shall promptly review said application.
(D) Exemptions for time to comply.
(1) The owner of any commercial or industrial source of sound not in compliance with this subchapter may apply to the City Commission for an exemption for time to comply with this subchapter. The City Commission shall have the authority, consistent with this section, to grant the exemption, not to exceed 180 days from date of the application and approval thereof.
(2) Any person seeking an exemption for time to comply shall file an application with the City Commission. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exemption is sought into compliance with this section prior to the date requested in the application would constitute an unreasonable adversity on the applicant, on the community, or on other persons.
(3) In determining whether to grant or deny the application, the City Commission shall balance the desires of the applicant, the community, and other interested persons of not granting the exemption for time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exemption. Applicants for exemptions for time to comply and persons contesting exemptions may be required to submit any information the City Commission may reasonably require.
(4) Exemptions for time to comply shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exemption for time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exemption shall terminate the exemption and subject the person holding it to those provisions of this section for which the exemption was granted.
(5) Application for extension of time limits specified in exemptions for time to comply or for modification of other substantial conditions shall be treated like applications for initial exemptions under division (D)(2), except that the City Commission must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
(Ord. 1218, passed 11-2-06)