<div class="chunk-title">Sec. 12-186. - Permits.</div>
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               (a)
               
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               <span class="ital">Who may apply.</span> A person or group of persons may produce or cause to be produced sound in excess
               of the limits set in<a href="" data-chunk-id="PTIICOOR_CH12EN_ARTIIINOCO_S12-182MAPESOLEUSOC" class="section-link" data-product-id="15271"> section 12-182</a>, 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<a href="" data-chunk-id="PTIICOOR_CH12EN_ARTIIINOCO_S12-182MAPESOLEUSOC" class="section-link" data-product-id="15271"> section 12-182</a>, table 2.
               
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               (b)
               
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               <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;
               failure to comply with this requirement shall be grounds for denying the permit.
               
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               (c)
               
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               <span class="ital">Action by sheriff.</span> The sheriff or his designee shall act upon all requests for permits. In considering
               and acting on all requests for permits pursuant to this article, the sheriff or his
               designee shall consider, but shall not be limited to, the following in issuing or
               denying such permit:
               
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               (1)
               
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               The timeliness of the application;
               
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               (2)
               
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               The nature of the requested activity; previous experience with the applicant;
               
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               (3)
               
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               The time of the event; other activities in the vicinity of the location proposed;
               
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               (4)
               
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               The frequency of the application;
               
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               (5)
               
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               The cultural or social benefits of the proposed activity;
               
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               (6)
               
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               The effect of the activity on any residential area of the county; and
               
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               (7)
               
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               Previous violations, if any, of the applicant.
               
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               (d)
               
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               <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 his designee may require, but shall not be limited to, the following:
               
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               (1)
               
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               That no sound speakers may be set up more than ten feet off the ground.
               
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               (2)
               
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               That the permit holder change the arrangement of amplifying equipment or sound instruments
               upon the request of any county law enforcement officer so as 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.
               
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               (3)
               
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               That adjoining property owners surrounding the location proposed as the site of the
               permitted event be notified by the applicant at least 72 hours prior to the scheduled
               event. 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. For the purposes of the provision of notice to adjoining
               property owners as required by this subsection, when the location proposed as the
               site of the permitted event is at or within an apartment complex or other multifamily
               dwelling development, adjoining property shall include all units within the development,
               which are wholly or partially within 100 feet of the site of the permitted event and
               all properties, which either abut directly on the external boundary of the development
               or are only separated from the external boundary of the development by a street or
               the right-of-way of a street, railroad, or other public service corporation.
               
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               (4)
               
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               That no permitted event may last more than four hours in duration.
               
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               (5)
               
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               That no event may extend beyond 10:00 p.m.
               
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               (6)
               
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               That misrepresentations, false, misleading or inaccurate information provided in the
               application for an outdoor amplified sound permit will result in the immediate revocation
               of the permit and may result in the denial of future permits.
               
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               (7)
               
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               That applicants and others that may be responsible, according to the terms of the
               permit application, are responsible for all costs, salaries, and expenses incurred
               by the county for violations of the permit to exceed the outdoor amplified sound permit.
               
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               (e)
               
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               <span class="ital">Cooperation with sheriff.</span> The permit holder shall agree to cooperate with the sheriff's department by having
               the signer 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 officers in enforcing
               the noise control ordinance. Failure of such signer of a permit to be present or to
               assist the officers in complying with the terms of the permit will be cause for immediate
               revocation of said permit.
               
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            <p class="historynote0">
               (Ord. No. 2008-2, Â§ 7, 5-14-2008)
               
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