Persons may file an application with the Town for a special temporary noise permit authorizing the applicant to take certain action or conduct certain activities not otherwise permitted herein. Any permit issued hereunder shall be in addition to any and all other licenses or permits required by law, and shall be subject to all other State and County laws regarding noise emissions.
A. Application: Applications for a special temporary noise permit shall be made in writing to the Town Clerk and shall include the following items:
1. Name and address of the applicant;
2. Activity or purpose for which the permit is desired;
3. Reasons why the permit is necessary, including an explanation of undue hardship and lack of reasonable alternatives;
4. The specific date, time and location to be covered by the permit;
5. Any other relevant information requested by the Town.
B. Fees: Each application for the special temporary noise permit filed hereunder shall be accompanied by any required permit fees set forth in the Town consolidated fee schedule. No permit shall be issued until the proper fees have been paid to the Town. Unless otherwise provided, the fees required herein shall be in addition to any and all other license or permit fees imposed by any other law.
C. Issuance: The Mayor or his/her designee shall review all applications filed hereunder and may issue or deny a permit, in whole or in part, based upon consideration for public health and safety. Any permit issued hereunder shall contain any conditions upon which the permit has been granted, including the effective dates, time restrictions, location and other reasonable requirements necessary to minimize adverse effects upon surrounding areas and any persons therein.
D. Denial: If the proper fees have not been paid, or the Mayor determines that the application does not conform with applicable law or it is not in the public's best interest to issue the permit, the Mayor shall deny the permit and notify the applicant in writing of such denial. The notice shall state the reasons for denial and inform the applicant that he or she may file a written appeal of such denial pursuant to subsection I of this section.
E. Term: Any permit issued hereunder shall specifically state the term and purpose for which it was issued, not to exceed thirty (30) days.
F. Limitation: Except as provided herein, each permit issued hereunder shall be valid only for the person to whom it is issued. Permit holders shall ensure that the permit is available for inspection by Town officials at the place and time for which it is issued.
G. Records: The Town Clerk shall keep a record of all permits issued hereunder, including the name of the person to whom the permit was issued, the type of permit issued, and the fees collected.
H. Revocation: Any permit issued hereunder may be revoked or suspended by the Mayor due to the permit holder's failure to comply with the provisions hereof or other applicable law. Prior to revocation of any permit, proper notice and an opportunity to be heard shall be provided to the permit holder.
I. Appeal: Any determination made by the Mayor relative to the issuance, denial or revocation of a permit hereunder may be appealed to the Town Council by filing, within ten (10) days from the date of said determination, a written notice of appeal setting forth the grounds for the appeal and any other pertinent information. Such notice of appeal shall be filed by delivering an original and five (5) copies to the Town Council during regular business hours. Upon receipt of the appeal, the Town Council shall thoroughly and objectively investigate the matter and issue a written decision stating the reasons for the decision and informing the appellant of any right to judicial review provided by law. The Town Council may hold a hearing on the appeal within thirty (30) days of the date of the appeal; and may delegate its duty to investigate the matter to one (1) of its members, or to another person. Any petition for review of the Town Council's decision shall be filed with the District Court within thirty (30) days of the date of the decision. (Ord. 2016-10-13, 10-13-2016)