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(a) Any person, firm, or entity proposing to conduct any activity or operate any sound producing device which is reasonably expected to produce a sound or occur at a time in violation of Section 652.04(o) and (w) shall apply to the City Council for a permit to allow such conduct or the use of such device.
(b) The party seeking a permit shall file an application with the City Manager on a form prescribed by the City Manager. Upon receipt of an application, the City Manager shall investigate the application which investigation may include, but is not limited to, consulting with such other persons as deemed necessary or desirable. Upon completion of the investigation, the City Manager shall make a recommendation to City Council as to whether a variance should be granted.
(c) In determining whether to issue such permit or variance, the City Council shall consider:
(1) The date and time of the proposed conduct,
(2) The location of the proposed conduct,
(3) The nature and proximity of other dwellings and/or uses,
(4) The type of proposed conduct and/or the type of device proposed to be used,
(5) The purpose for such conduct or the use of such device,
(6) The hardship to the applicant in not granting the variance against adverse impact on health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the permit or variance,
(7) The number, if any, of previous permits or variances granted to the applicant, for the same location or activity,
(8) Whether the type of noise to be produced by the event is unusual for the location or area for which the permit or variance is requested,
(9) The nature of the sound to be produced, including but not limited to, whether the sound will be steady, intermittent, or of a repetitive impulse nature.
(d) The applicant may submit evidence to the Council in support of the request that a permit be granted. Individuals opposing the applicant's request for a permit shall also be allowed to present evidence in opposition to granting such variance.
(e) Neither the City Manager nor the City Council shall consider the communicative content of the activity or event in determining whether to grant or deny a permit or variance. The rights of all interested persons to due process of law and equal protection shall not be denied.
(f) Any permit issued by City Council shall specify the date, time, location and duration of the permitted activity. The City Council may impose such other restrictions or conditions upon the issuance of such permit as it may deem appropriate and/or necessary to the interest of public health and welfare.
(g) Such conditions shall be noted on the permit issued to applicant and noncompliance with any condition of the permit or variance shall terminate the variance and subject the applicant, event or activity to the penalty provisions of this Code. The permit or variance shall not be valid unless all conditions thereof are agreed to by the applicant in writing.
(h) Any permit or variance issued pursuant to this Section shall be kept at the site of the event or activity for which the permit or variance was obtained. The variance shall be displayed, on request, to any police officer or other representative of the City. The requirements of this Subsection are hereby made express conditions of the granting of a permit and failure to comply with these conditions shall cause the permit or variance to terminate.
(Ord. 004-2019. Passed 6-17-19.)