§ 97.05 PERMITS FOR RELIEF FROM ALLOWABLE NOISE LEVEL LIMITS.
   Applications for a permit for relief from the maximum allowable noise level limits designated in §§ 97.01 through 97.04 above may be made in writing to the Chief of Police or his or her designee. Any permit granted by the Chief of Police or his or her designee under this chapter must be in writing and shall contain all conditions upon which the permit shall be effective. The Chief of Police or his or her designee may grant the relief as applied for under the following conditions.
   (A)   General conditions and requirements. The Chief of Police or his or her designee may prescribe any reasonable conditions or requirements he or she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound attenuating devices.
   (B)   Permits. Permits may be granted under the following conditions:
      (1)   The function must be staged between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday and 9:00 a.m. and 12:00 midnight Friday and Saturday;
      (2)   The function must be open to the public;
      (3)   The function must take place on public property or public vehicular areas of shopping centers; and
      (4)   The function may take place on private property provided that the sound is not excessively loud at a distance of 300 feet.
   (C)   Other conditions:
      (1)   No more than four permits may be issued to any one individual or organization within a calendar year;
      (2)   The special permit may be issued for no more than three consecutive days, renewable by further applications and at the discretion of the Chief of Police or his or her designee; and
      (3)   Permits must be applied for at least three business days prior to the scheduled event date. Exceptions can be authorized by the Chief of Police or his or her designee.
   (D)   Permit not required. The following activities would not require a noise permit: construction, demolition, public utility work, emergency repairs, governmental activities and any other activity deemed appropriate by the Chief of Police or his or her designee.
   (E)   Denial. A permit may be denied if a violation of the noise regulation or any other local, state or federal law has previously been violated.
(1985 Code, § 97.05)