(A) Application. An application for a permit pursuant to this section must be submitted to the city’s Emergency Management’s Office 60, but no less than 15, business days before the permit time requested. The application shall specify the responsible person(s) for the sound amplification equipment. The application fee for additional amplification shall be established in the city’s Schedule of Fees in § 21.06 and shall be reviewed annually by the City Council.
(B) Notice of tentative approval. Upon initial review of the applicant and requested use, if found within the conditions of this section, a notice of tentative approval shall be issued. For the permit to be considered valid and in effect, the applicant must cause for a notice to be delivered/disseminated to all occupied properties located within 1,000 feet of the proposed location of sound amplification. This must be completed within 72 hours of the proposed event. The confirmation of that delivery of notice shall be returned to the Noise Control Officer prior to the event/use of amplified sound.
(C) Limits on hours. No permit shall be issued which will have the effect of allowing more than 20 of excess amplification per year at any place of public entertainment having a capacity of 500 or more persons or ten hours of excess amplification at any other location.
(D) Limit on permits. Permits shall be tentatively approved and subsequently granted by the city’s Emergency Management Office in the order of receipt. Subsequent permits shall not be issued for a location within a 1,000-foot radius of the location of an issued permit.
(E) Not permitted in residentially-zoned areas. Pursuant to the issuance of a permit, the creation of sounds registering more than 70 dB(A) anywhere within the boundary line of the nearest residentially-occupied property shall be prohibited.
(F) Sound check(s). The applicant shall notify the City Police Department when the amplification equipment is ready for a sound check by the Noise Control Officer. Using a sound-level meter, the Noise Control Officer may take readings to confirm that the levels have been set at the permitted level.
(G) Permit revocation. If sound checks taken by the Noise Control Officer during the event of amplified sound determines the levels to be in excess of the permit, or should it be determined that any other conditions of this section have not been completed as required or other conditions of the permit not met, the Noise Control Officer may revoke the issued permit and require an immediate cessation of the amplified sound.
(H) Permit denial. If the applicant has been denied the issuance of a permit by the Noise Control Officer, and believes the denial to be illegal under applicable local, state or federal law, the applicant may appeal the denial to the City Manager. The appeal shall be delivered in writing, and shall include a copy of the permit and a statement as to the applicant’s beliefs to the legal basis for the appeal. The City Manager shall have the discretion to grant an exceptional permit, waiving the exceptions for location, time of day and/or decibel restrictions, upon his or her determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permits shall be promptly reported to the City Council.
(Ord. 2015-10-6-33(1), passed 6-28-2016) Penalty, see § 82.99