(A) Who may apply. A person or group of persons may produce or cause to be produced sound in excess of the limits set in § 96.02 only if a “permit to exceed” has been obtained. With a permit granted pursuant to this section, a person or group may exceed the maximum sound levels as long as the hours and scope of the permit are followed, and the noise is not unreasonable shall as set out in § 96.03.
(B) Application for permit. Any person or group of persons desiring an “outdoor amplified sound permit” or a “permit to exceed” shall apply as provided in this section, and shall provide all information required. All applications for a “permit to exceed” shall be submitted to the Chief of Police or his or her designee at least 72 hours prior to the scheduled event; failure to comply with this requirement shall be grounds for denying the permit.
(C) Action by Chief of Police.
(1) The Chief of Police or designee shall act upon all requests for permits. In considering and acting on all requests for permits pursuant to this chapter, the Chief of Police or designee shall consider, but shall not be limited to, the following in issuing or denying such permit:
(a) The timeliness of the application;
(b) The nature of the requested activity; previous experience with the applicant;
(c) The time of the event;
(d) Other activities in the vicinity of the location proposed; the frequency of the application;
(e) The cultural or social benefits of the proposed activity;
(f) The effect of the activity on any residential area of the city; and
(g) Previous violations, if any, of the applicant.
(2) In assessing “other activities in the vicinity” and the frequency of applications in the vicinity, the Chief of Police or designee shall not issue more than two permits per month within a 1,000-foot radius of each other, or issue permits for events on consecutive weekends (Friday and Saturday) within a 1,000-foot radius of each other.
(3) In considering or acting upon a request for a “permit to exceed” requested by a group, the Chief of Police or designee shall limit permits granted at any specific location to no more than four “permits to exceed” per year.
(D) Fee for permit. Every application for a permit or permits shall require a $20 administrative fee. The permit shall not be unreasonably withheld and may contain appropriate conditions, including maximum decibel levels, designed to minimize the disruptive impact. Permits for the activities significantly for religious or political purposes shall be granted, subject only to reasonable time, place and manner restrictions. Permits issued under this section may specify that the permission granted will continue for a stated period or until revoked after actual notice. Persons shall not be held in violation of this chapter when acting in conformity with permit conditions, but any permit may be revoked if it is determined that the authorized activity has exceeded the scope of the permit or resulted in generation of unreasonably loud, disturbing sound levels.
(E) In the event an application is denied, a permit is approved with conditions unacceptable to the applicant, or a permit is revoked, the applicant or permit holder shall be entitled to a prompt, informal hearing with the Town Manager or his or her designee, upon submission of a written request. Any person aggrieved by a matter regulated by this chapter may submit to the governing body written comments, including requests for appropriate relief.
(F) No permitted event may last more than four hours in duration.
(G) The event may in no event may extend beyond 11:00 p.m.
(1992 Code, § 96.04) (Ord. 01-O-22, passed 10-8-2001; Ord. 06-O-246, passed 11-13-2006; Ord. 19-O-062, passed 6-10-2019)