(A) Application. The application for a permit for additional amplification than allowed under section 92.05 shall be submitted to the noise control officer who shall be designated by the City Manager at lease fifteen (15) working days in advance of the planned use except in case of emergency. The application shall designate an individual person or persons who shall be in control of the sound amplification equipment and assure that its use complies with the terms of the permit.
(B) Numbers of hours. No permits shall be issued which shall have the effect of allowing more than twenty (20) hours of excess amplification per year at any place of public entertainment having a capacity of one thousand (1,000) or more persons or ten (10) hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the noise control officer in the order of receipt unless permits for twenty (20) or more hours have previously been issued for the same or other locations within a one-thousand-foot radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year's accumulated hours of excess amplification in that location below twenty (20) hours or select another location.
(C) Not permitted in residentially occupied boundaries. In no event shall a permit be granted which allows the creation of sounds registering in excess of seventy (70) db(A) anywhere within the boundary line of the nearest occupied residential property as defined in § 92.01(D).
(D) Denial; exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law or is not in conformance with this Ordinance, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager. The city manager shall have the discretion to grant an exceptional permit waiving location, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to city council.
(Ord. O-1999-18, passed 4-6-99; Am. Ord. O-2004-46, passed 11-2-04)