No person shall use, operate or cause to be used or operated any sound equipment upon the public rights-of-way or in any building or upon any premises, public or private, if the sound emitted thereby is plainly audible from the public right-of-way within the City unless such person has obtained a sound equipment permit in accordance with this section and the actual use or operation of such sound equipment is not inconsistent with the statements made in the application or the conditions imposed in the sound equipment permit.
1. Application for Permit. Applications for sound equipment permits shall be made in writing to the Clerk or Building Official and shall contain the following information:
A. Name and address of applicant.
B. The type of event for which the sound equipment will be used.
C. The location where the sound equipment will be used.
D. The proposed date and duration of the event and the hours of operation of the sound equipment.
E. A general description of the sound equipment, including whether the sound source will be located inside a building or outside as well as the license number of any motor vehicle upon which said sound equipment is to be operated if applicable.
F. Any other information as may be required by the Clerk or Building Official.
2. Permit Fee. The fee for a sound equipment permit shall be as established by resolution of the Council.
3. Issuance of Permit. Permits may be issued by the City Administrator or his designee(s). In the event that two (2) or more designees are selected by the City Administrator, approval of the issuance of any permit shall be unanimous. Except as hereinafter provided, if the application contains the required information and is accompanied by the required fee, the sound equipment permit shall be issued with reasonable dispatch.
4. Conditions. The Building Official or the Council may impose reasonable conditions and requirements to be met or fulfilled by the sound equipment permit holder preliminary to or at the time of the use or operation of the sound equipment. Such conditions and requirements shall be those conditions and requirements necessary or advisable to protect the health, welfare and quality of life of the residents of the City and may include, without limitation, restrictions on the time of day the sound equipment can be used or operated, restrictions on the level of the sound to be produced and restrictions on the number of minutes or consecutive minutes that the sound equipment may be used or operated during any one hour or day.
5. Permissibility. Any other language to the contrary in this chapter notwithstanding, sound made by sound equipment for which a valid sound equipment permit has been issued under this section 48.06 shall be permissible hereunder and shall not constitute a violation of this chapter regardless of the fact that said sound equipment may be operated upon the public right-of-way or in a building or upon premises, public or private, that is plainly audible from a public right-of-way within the City.
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