(A) It shall be unlawful for any person to play or operate or permit to be played or operated, within the R-1 through R-5 residential zones of the City, any sound amplification device on any premises under the ownership, management or control of such person in such a manner as to cause any sound to be projected outside of any building or out-of-doors between the hours of 11:00 p.m. and 7:00 a.m. without a permit.
(B) It shall be unlawful for any person to operate any machinery within the R-1 through R-5 residential zones of the City between the hours 11:00 p.m. and 7:00 a.m. without a permit or by contract with the City.
(C) It shall be unlawful for any person to play or operate or permit to be played or operated in all zones in the City not listed in subsection (A) of this section, any sound amplification device on any premises under the ownership, management or control of such person in such a manner as to cause any sound to be projected outside of any building or out-of-doors between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 1:00 a.m. and 7:00 a.m. Friday and Saturday without a permit.
(D) Application for such permit shall be made by the owner of the subject property with the City License Inspector, upon a form provided, which shall be reviewed and approved by the City Manager before any permit shall be issued.
(1) The permit shall be issued only after payment of any requisite permit fee.
(2) The City Manager may set reasonable time, place, manner, sound level and duration restrictions on the use of any such sound amplification device.
(3) In setting reasonable time, place and manner restrictions, the City Manager may consider, but is not limited to, the following factors:
(a) Proximity of the proposed use to residential neighborhoods and schools;
(b) Other proposed applicants who wish to use the same or a nearby area during the same time period;
(c) The likelihood that the proposed use will create a disturbance of the peace; and
(d) The applicant's history of compliance with the requirements of this chapter.
(4) The City Manager may deny any application for a permit if the proposed location(s) and/or time(s) for use of any sound amplification device is likely to disturb others in the vicinity of any such public or private place or residence.
(Ord. O-2013-015, passed 10-21-2013)