§ 4-2.5. Exception Permits; Permit for Sound-Amplifying Equipment.

a. Permit General. The Town Manager may grant a permit allowing an exception to this section, or permitting the use of sound-amplification equipment, subject to the requirements of this section.

An application for either type of permit must be submitted at least three (3) working days before the proposed activity and must be accompanied by an application fee in the amount set by Town Council resolution.

The Town Manager’s decision may be appealed to the Town Council under subsections 1-8.1 through 1-8.4.

b. Exception Permit. The Town Manager may grant a permit allowing an exception to subsection 4-2.3 or 4-2.4, paragraphs a. through d. for as short a period of time as is reasonable if the permit applicant demonstrates all of the following:

1. Compliance with this chapter would be impractical or unreasonable;

2. Which mitigation measures will be implemented to minimize the sound disturbance; and

3. The absence of any objection from nearby residents or businesses (by written consent or by their failure to object after notice is sent by the Town).

The Town Manager may impose reasonable conditions on the granting of the permit.

c. Permit for Sound-Amplification Equipment. The Town Manager may grant a permit to allow sound-amplification equipment, subject to reasonable restrictions regarding time, place and manner of use for the safety and convenience of the public.

The applicant shall submit an application containing the following information:

1. The name, address and telephone number of both the owner and user of the sound-amplifying equipment;

2. The maximum wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment;

3. The license number, if a sound truck is to be used;

4. A general description of the sound-amplifying equipment which is to be used;

5. Whether the sound-amplifying equipment will be used for commercial or non-commercial purposes;

6. Which measures will be implemented to reduce noise to neighbors;

7. Where the equipment will be used; and

8. During which day(s) and hour(s) the equipment will be used.

If the application is denied, the Town Manager shall advise the applicant in writing of the reasons for denial.

(Ord. #120, 7-805)