§ 90.06  PERMITS.
   (A)   Who may apply.  A person or group of persons may produce or cause to be produced sound in excess of the limits set in Table 1 of § 90.03 only if a permit to exceed has been obtained.  With a permit granted pursuant to this section, maximum sound levels shall be as set out in Table 2 of § 90.03.
   (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 Town Manager 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)   Action by Town Manager.  The Town Manager or his or her designee shall act upon all requests for permits.  In considering and acting on all requests for permits pursuant to this chapter, the Town Manager 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; 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 town and, previous violations, if any, of the applicant.
   (D)   Fee for permit.  Every application for a permit or permits shall require a fee, of $25 and the fee shall be amended from time to time.
   (E)   Conditions on permits. Permits to exceed and outdoor amplified sound permits shall specify the duration of which noncompliance shall be permitted and shall prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood.  The Manager 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 15 feet off the ground unless permanently installed and approved by the Town Manager or his or her designee;
      (2)   That permit holder(s) change the arrangement of amplifying equipment or sound instruments upon the request of any Maggie Valley police officer 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)   That no permitted event may last more than 8 hours in duration.  This is a mandatory condition;
      (4)   That no event may extend beyond 12:00 a.m. midnight.  This is a mandatory condition;
      (5)   That permit holders hire off-duty police officers equipped with noise meters, to monitor compliance of the applicant with the conditions on the permit.  The applicant will employ officers based upon the estimated number of persons attending and the type of event to be held.  The Chief of Police shall be consulted as to the number of officers to be hired for each event.  It is the responsibility of the permit holder to ensure that the number persons actually attending the event do not exceed the estimated numbers specified in the application; and/or
      (6)   That 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 of the day of the event if the event ends at least 4 hours before sunset.
   (F)   Cooperation with police.  Permit holder(s) shall agree to cooperate with the Police Department in enforcing this chapter by having the signer(s) 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 the signer(s) of a permit to be present or to assist the police in complying with this chapter will be cause for revocation of the permit.
(Ord. 327, passed 9-16-2003)