(a) Permit Process.
(1) The permit application shall include the name, address and telephone number of the permit applicant; the date, hours and location for which permit is requested; and the nature of the event or activity. The application must be submitted at least ten days in advance of the event, including holidays and weekends.
(2) Upon receipt of the permit application, the Director of Administration or designee will review the application and issue a decision promptly, but in no event less than three days prior to the date of the event. If no decision is issued by the time specified, the permit will be considered to be issued. The permit shall be issued provided the proposed activity meets the requirement of this section.
(3) Any permit granted must be in writing and shall contain all conditions upon which the permit shall be effective.
(4) The Director of Administration or designee may prescribe any reasonable conditions or requirements he/she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.
(5) Any final decision of the Director of Administration or designee pursuant to this section which denies the applicant the right to create sound levels, including amplified sound, will be immediately reviewed as a matter of right by the Mayor upon the filing of an appropriate pleading by the City.
(b) Permits for Entertainment. Permits may be granted for the purpose of entertainment under the following conditions:
(1) The function must be open to the general public (admission may be charged).
(2) The function must take place on public property, or public space, provided only six functions requiring a special permit may be held on any particular space per calendar year.
(3) The permit will be granted for only four hours in one 24-hour day or any reasonable extension thereof as authorized by the Director of Administration or designee.
(4) The permit will only be granted for hours between 9:00 a.m. and 12:00 midnight on all days other than Friday and Saturday; and, on Friday and Saturday, between the hours of 9:00 a.m. and 1:00 a.m. of the following day, except in the following circumstances:
A. A permit granted for hours between 9:00 a.m. on New Year's Eve and 1:00 a.m. the following day (New Year's Day).
B. A permit may be granted for hours between 9:00 a.m. and 2:00 a.m. the following day if there are no private residences, hospitals or nursing homes within a 0.5 mile radius of the property where the function is taking place.
(5) Functions for which the permits are issued shall be limited to a continuous airborne sound level as measured 100 feet from the real property boundary of the source property. When one or more streets are closed adjacent to the source of the sound, the measurement shall be taken 100 feet from the boundary of the closed area.
(c) Other Permits. Special permits for non-entertainment special purposes, other than for emergency work that is exempt, may be issued under the following conditions.
(1) Nonrecurring.
A. If the special purpose relates to the operation of a trade or business, the special purpose shall not be in the ordinary course of that trade or business; or
B. If the special purpose does not relate to the operation of a trade or business, the special purpose shall not be an ordinary event in the affairs of the applicant;
(2) Recurring. If the special purpose is a recurring purpose, it shall not recur more often than four times each calendar year, and:
A. The special purpose shall be essential to the operation of the applicant's trade or business; or
B. If the special purpose is not essential to the operation of a trade or business, the special purpose shall be compatible with the ordinary activities of the surrounding neighborhood.
(3) Hours. The special permit may be issued only for hours between 7:00 a.m. and 11:00 p.m. the same day on weekdays; and
(4) Duration. Special permits may be issued for no longer than one week, renewable by further application to the Director of Administration or designee provided the applicant otherwise meets the provisions of this chapter.
(Ord. 4269. Passed 6-24-08.)
(Ord. 4269. Passed 6-24-08.)