(A) The owner(s), tenant(s) or person(s) with effective consent of the owner(s) and any tenant(s) shall make application with the Chief of Police or his or her delegate specifying the above enumerated defense of which the person intends to take advantage.
(B) The Chief of Police, or his or her delegate, may deny the granting of an application where he or she believes that there has been, or will be a failure to comply with the intent of this section. In the event that an application is denied, applicant shall have the right to appeal to the City Council and receive a hearing at the next available City Council meeting where the item may be posted according to the the State Open Meetings Act.
(C) In the event an individual fails to make an application and obtain approval of the Chief of Police or his or her delegate, then none of the above enumerated exceptions are available as a defense to prosecution.
(Ord. 08-353, passed 6-17-2008) Penalty, see § 131.99