(A) Purpose. The purpose of this section is to balance the interests furthered by the proposed use of sound amplification equipment with the public interest in maintaining peace and quiet at the time and place involved in order to protect the health, safety and welfare of the public.
(B) Permit required. Before any person shall use any sound amplifying equipment in any public square, public street, public park or public playground, he or she shall file an application for a permit with the City Clerk, in writing, in a form approved by the City Manager. Such application shall be filed at least five days before the planned operation of sound amplification equipment, and shall designate an individual person or persons who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. A separate application must be filed for each day requested.
(C) Permit to be furnished to applicant; possession and exhibition; revocation. The City Clerk shall issue a sound amplification permit to each applicant under division (B) above whose application leads the City Clerk to believe that the proposed operation of sound amplification equipment will likely be in compliance with this section. Such permit shall be in the possession of any person operating the sound amplifying equipment at all times while the sound amplifying equipment is in operation, and such permit shall be promptly displayed and shown to any police officer or code enforcement officer of the city upon request. The permit may be revoked by the City Clerk, the Chief of Police, or the designee of either, if such permit is not displayed upon request or if the person operating the sound amplifying equipment is in violation of this section.
(D) Appeal for denial or revocation. If the City Clerk shall deny a sound amplification permit to the applicant, or if the permit shall be revoked, then the applicant or permit holder may appeal the denial or revocation to the City Manager in writing not later than five days from the date of the action sought to be reviewed. In the appeal, the applicant may request a new date and time for the operation of sound amplifying equipment for consideration if the date originally requested on the permit application will pass before the end of the appeal review period. The City Manager shall hear the appeal within ten days of the date of the appeal.
(E) Use restrictions generally. Noncommercial use of sound amplifying equipment shall be subject to the following regulations:
(1) The only sounds permitted are music or human speech;
(2) Operations are permitted for a maximum of two hours each day per permit, except on Sundays, when no operations shall be authorized. The permitted two hours of operation shall be between the hours of 9:00 a.m. and 5:00 p.m.;
(3) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound amplifying equipment;
(4) Sound shall not be issued within 100 feet of the property boundary lines of hospitals, schools while in session, or churches;
(5) Operation of sound amplifying equipment shall not block driveways, sidewalks or streets;
(6) Only one applicant may receive a permit per location or within 100 feet of a location per seven-day period. If more than one applicant applies for a permit to operate sound amplification equipment in the same location or within 100 feet of a single location within a period of seven days, then the City Clerk shall consider the applications in the order received; and
(7) A single applicant may not receive permits for more than a total of 24 hours of operations within a period of 12 months per location, or within 100 feet of the same location.
(F) Use in public parks and recreational areas.
(1) The regulations in division (E) above shall apply to any noncommercial use of any sound amplifying equipment in public parks and recreational areas, except that operations shall be permitted on any day of the week, including Sundays.
(2) Further, the volume of sound from sound amplifying equipment used in public parks and recreational areas shall be controlled so that it will not be audible for a distance in excess of 200 feet from the sound amplifying equipment.
(3) Sound shall not be issued within 200 feet of the property boundary lines of hospitals, schools while in session, or churches. There shall be no restriction on the number of applicants who may receive a permit for one location in a seven-day period and there shall be no restriction on the total hours of operations for which a single applicant may receive a permit in a 12-month period. However, only one applicant may receive a permit per location or within 100 feet of a location at a time.
(4) If more than one applicant applies for a permit to operate sound amplification equipment in the same location or within 100 feet of a single location at the same time, then the City Clerk shall consider the applications in the order received.
(5) The application for a permit must describe with specificity the location within the public park or recreation area proposed for the operation of sound amplification equipment.
(G) Exemptions. The following are exempt from the provisions of this section:
(1) Sound emanating from scheduled outdoor athletic events;
(2) Noise of safety signals, warning devices, emergency pressure relief valves, sounds which signal the beginning or end of work and all school and church bells or music. For purposes of this division (G)(2), the term SCHOOL AND CHURCH BELLS OR MUSIC shall include electronic devices or artificial sound reproduction systems intended to sound like bells or music;
(3) Noise resulting from any authorized emergency or police vehicle;
(4) Noise resulting from parades for which a local permit has been granted by the city. Regulation of noise emanating from parades under permit shall be according to any conditions stated on the permit;
(5) Amplified sound at street fairs and festivals conducted, sponsored or permitted by the city;
(6) Amplified sound at community concerts conducted, sponsored or permitted by the city; and
(7) Practice sessions or performances by marching bands.
(Code 2019, § 14-27) Penalty, see § 130.999