634.08 COMMERCIAL PROPERTY ADJOINING RESIDENTIAL PROPERTY.
   (a)   No person owning, leasing or controlling the operation of a commercial enterprise or place used for entertainment shall willfully, negligently or through failure to take necessary precautions permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact disc player, computer, loud speaker, megaphone or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument in such manner or at such volume which is plainly audible to persons other than those who are in attendance in which such device or instrument is played and who are voluntary listeners thereto.
   (b)   The duty of administering the Outdoor Sound permit is hereby conferred upon the Service Director, herein referred to as the Administrative Officer.
   (c)   No owner, agent or operator of a commercial enterprise or place used for entertainment shall set up or operate a sound amplifying system which is audible outside the structure or building and which is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises or generate sound by means of a radio, phonograph, television, tape player, compact disc player, computer, loud speaker, megaphone or any other sound amplifying device, horn, drum, piano or other musical or percussion instrument until an Outdoor Sound permit has been issued by the Administrative Officer.
   (d)   The Administrative Officer shall set the yearly fee for issuance of the Outdoor Sound permit.
   (e)   Non-Profit organizations registered under 501c3, Public Schools, and Churches shall have all fees related to the Outdoor Sound permit waived.
   (f)   If the owner, agent or operator of a commercial enterprise or place used for entertainment should at any time fail to comply with the ordinances of the City of Vermilion or conditions of the Outdoor Sound permit beyond a time fixed by the Administrative Officer to cure such default, the Outdoor Sound permit shall become void and all rights thereunder shall terminate and the continuance of use cease.
   (g)   The owner, agent or operator of a commercial enterprise or other place used for entertainment may appeal any action of the Administrative Officer such as the revocation or non-issuance of a permit to Vermilion City Council.
   (h)   Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor, on the first offense, and:
      (1)   With a prior conviction, a second offense which shall be charged as a misdemeanor in the Fourth degree, the penalty shall be as provided in Section 698.02.
      (2)   With more than one prior conviction, any other offenses shall be charged as a misdemeanor in the Third Degree, the penalty shall be as provided in Section 698.02.
      (3)   Penalty shall include both the individual generating the complaint and property owners on which it emanates.
         (Ord. 2012-20. Passed 4-16-12.)