§ 20-37. Permits to exceed limits.

(a)

A person or group of persons may produce or cause to be produced sound in excess of levels authorized in section 20-35, above, only if a permit to exceed the limit for the time and place of the activity has been obtained.

(b)

Any person or group or persons desiring a permit shall apply as provided herein, and shall provide all information required. All applications shall be submitted to the chief of police or his designee at least 48 hours prior to the scheduled event. Failure to comply with this requirement shall be grounds for denying the permit.

(c)

The chief of police or his designee shall have authority to take final action on all applications for permits specified in this article. In considering and acting on such applications, the chief of police or his designee shall consider, but shall not be limited to, the following in issuing or denying such permit: the timeliness of the application; the nature of the requested activity; previous experience with the applicant; the nature of the event; other activities in the vicinity of the location proposed; the frequency of the application; the cultural or social benefit of the proposed activity; the effect of the activity on the residential areas of the city; previous violations, if any, of the applicant.

(d)

Permits to exceed limits shall specify the duration for which noncompliance shall be permitted and may prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood. The chief of police or his designee may require, but shall not be limited to, the following:

(1)

That no sound speakers shall be set up more than ten feet above the ground;

(2)

That the permit holders change the arrangement of the loud speakers or the sound instruments so as to minimize the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines.

(e)

Permit holders shall agree to cooperate with the police department in enforcing the noise control article by having signers of the permit available at the site of the event during the entire time for which a permit has been issued and capable of assisting the police in enforcing the noise control ordinance. Failure of the permittee or designees to be present or to assist the police in compliance of this article will result in revocation of said permit.

(Ord. No. 00-1170, § 1, 11-9-00)