<div class="chunk-title">Sec. 9-36. - Permits.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Who may apply.</span> A person or group of persons may produce or cause to be produced sound more than
               the limits set in Table 1 only if a "Permit to Exceed" has been obtained. With a permit
               granted pursuant to this section, maximum sound levels shall be as set out in Table
               2.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Application for permit.</span> 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 sheriff
               or sheriff's designee at least 72 hours prior to the scheduled event. Failure to comply
               with this requirement shall be grounds for denying the permit.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Action by sheriff.</span> The sheriff or sheriff's designee shall act upon all requests for permits. In considering
               and acting on all requests for permits pursuant to this article, the sheriff 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 time of the event; other activities in the vicinity
               of the location proposed; the frequency of the application; the cultural or social
               benefits of the proposed activity; the effect of the activity on any residential area
               of the county and, previous violations, if any, of the applicant.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Fee for permit.</span> Every application for a permit or permits shall require payment of $25.00 administrative
               fee.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Conditions on permits.</span> "Permits to exceed" and "outdoor amplified sound permits" shall specify the duration
               for which noncompliance shall be permitted and shall prescribe the conditions or requirements
               necessary to minimize adverse effects upon the community or surrounding neighborhood.
               The sheriff or sheriff's designee may require, but shall not be limited to, the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               No sound speakers may be set up more than ten feet off the ground;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               That permit holder(s) change the arrangement of amplifying equipment or sound instruments
               upon the request of any sheriff's deputy to minimize the disturbance to others resulting
               from the position or orientation of the amplifying equipment or from atmospherically
               or geographically caused dispersal of sound beyond the property lines;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               That adjoining property owners surrounding the location proposed as the site of the
               permitted event be notified by the applicant at last 72 hours prior to the scheduled
               event and advised of the time by which cleanup of the area will be accomplished. Notice
               to the adjoining property owners shall include a statement indicating that comments
               or concerns regarding the issuance of a permit at the proposed location may be made
               to the sheriff prior to the event. These conditions are mandatory on all "permit to
               exceed" applicants;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               That no permitted event may last more than four hours in duration;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               That no event may extend beyond 11:00 p.m.; and
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               That the site of the event, and the area surrounding the site of the event, will be
               cleaned, by the applicant, of all the trash, litter and debris by 10:00 a.m. the following
               day, or by sunset of the day of the event if the event ends at least four hours before
               sunset.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Cooperation with sheriff's department.</span> Permit holder(s) shall agree to cooperate with the sheriff's department in enforcing
               the noise control ordinance by having the signer(s) 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 such
               signer(s) of a permit to be present or to assist the police in complying with this
               article will be cause for revocation of said permit.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Recognition of equivalent permit processes.</span> The chief administrative officer of any governmental body, institution or agency
               located in the county is authorized to establish, administer and enforce a permit
               process which is substantially equivalent to the process contained in subsections
               (a), (b), (c) and (d) of this section. When a permit process has been certified by
               the county manager as being substantially equivalent, sponsors of events which take
               place on:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Premises owned, utilized or occupied by the governmental body, institution or agency;
               or
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Premises owned, utilized, or occupied by organizations or agencies affiliated with
               a governmental entity which is recognized to issue permits, may apply for the substantially
               equivalent permit in lieu of the permit issued by the county. Any activity conducted
               under a permit issued by a governmental body, institution or agency other than the
               county shall be subject to all requirements of this article, and a permit issued under
               a substantially equivalent process recognized by the county manger shall be, for all
               purposes, the equivalent of a permit issued under this section, including the requirements
               of subsection (e).
               </p>
            		
            <p class="b2">
               A copy of all permits issued under a substantially equivalent process recognized by
               the county manager shall be forwarded to the sheriff as quickly as possible, but in
               no case later than 48 hours before the commencement of the event covered under a permit.
               No permit issued under a substantially equivalent process recognized by the county
               manager shall be valid if received by the sheriff less than 48 hours before the commencement
               of the activity covered by the permit. All equivalent permits must be signed by the
               sheriff to be valid.
               </p>
            <p class="historynote0">
               (Ord. of 10-16-95, Â§ 6; Ord. of 5-17-2021(2), pt. III)
               </p></div>