Part 2 — LOUDSPEAKERS AND SOUND AMPLIFIERS

No person shall operate any loudspeaker or sound amplifier or similar device in such a manner as to cause any sound to be projected outside of any building or out-of-doors, except upon receipt of a permit from the chief of police as provided in Section 10.16.040.

(Prior code § 4233; Ord. 24198.)

A.

The chief of police shall make a decision to grant or deny an application for a loudspeaker permit within five working days after the date the application is received by the police department.

B.

The chief of police may deny the permit application for any of the following reasons:

The applicant has been convicted of a crime related to disturbance of the peace within the past three years or has been found civilly liable for the creation of a public or private nuisance by means of unreasonably loud or disturbing noise.

The applicant has knowingly made false statements in the application.

The proposed location(s) and/or time(s) for the use of the loudspeaker, sound amplifier, or other similar equipment would be likely to create a disturbance of the peace as set out in Sections 10.16.010 and 10.16.020 of this Code.

C.

The permit shall be issued only after payment of the permit fee set forth in the schedule of fees established by resolution of the council.

D.

The chief of police may set reasonable time, place, manner, sound level and duration restrictions on the use of loudspeakers, sound amplifiers and similar devices as a condition for the issuance of a loudspeaker permit.

In setting reasonable time, place and manner restrictions, the chief of police may consider, but is not limited to consideration of, the following factors:

a.

Proximity of the proposed use to residential neighborhoods, medical facilities and schools;

b.

Other proposed applicants who wish to use the same or a nearby area during the same time period;

c.

The likelihood that the proposed use will create a disturbance of the peace;

d.

The applicant's history of compliance with the requirements of this chapter during the past three years.

(Prior code § 4234; Ords. 19764, 21289, 24198.)

A.

The chief of police is authorized to summarily suspend a loudspeaker permit at any time if use of the permitted speaker, sound amplifier or other similar device of the permittee violates the permit conditions set forth under subsection 10.16.040 D. or creates a disturbance of the peace as defined in Sections 10.16.010 and 10.16.020.

B.

The decision to suspend a loudspeaker permit shall take effect immediately.

C.

The decision to suspend the loudspeaker permit may be issued orally or in writing to the permittee or person controlling the loudspeaker. When the decision to suspend is delivered orally to the permittee, the decision to suspend shall be reduced to writing and be mailed to the permittee at the address stated on the application or permit within five days after delivery of the oral decision. Alternatively, the decision to suspend may be hand-delivered or mailed to the permittee or to the address given on the application or permit within five days after delivery of the oral decision.

D.

The written decision to suspend shall advise the permittee that he or she may request a hearing before the appeals hearing board. The request must be in writing and received by the secretary of the board within fifteen days of the date of hand-delivery or mailing of the decision to suspend.

E.

If the permittee does not request a hearing before the board, then the decision to suspend shall become a final decision to revoke the permit at the end of fifteen days after the hand-delivery or mailing of the decision to suspend.

(Ord. 24198.)

A.

The chief of police shall provide a written notice of decision to deny or revoke a loudspeaker permit.

B.

The notice of decision shall state all the grounds and reasons upon which the denial or revocation is based. A permit may be revoked by the chief of police for any of the grounds for denial stated in Section 10.16.040 B., for violation of any restriction placed on the permit under authority of Section 10.16.040 D., or for creating a disturbance of the peace as set out in Sections 10.16.010 and 10.16.020 of this chapter.

C.

The notice of decision shall be mailed to the applicant or permittee at the address stated on the application or permit. Alternatively, the notice of decision may be delivered to the applicant, permittee or address given in the application or permit.

D.

The notice of decision shall advise the applicant or permittee that the denial or revocation shall become final unless the applicant or permittee requests a hearing before the appeals hearing board. The request must be in writing and received by the secretary of the board within fifteen days of the mailing of the notice of decision.

(Ord. 24198.)

A.

In the case of the denial of a permit application for an event scheduled to take place within five days of the filing of the application, the chief of police, at the applicant's request, shall provide the applicant with expedited notice, written or oral, of the notice of decision, within twenty-four hours of the time the applicant files the application.

B.

Within twenty-four hours of the applicant's receipt of the expedited notice of the decision to deny a permit, the chief of police shall hold a hearing as provided for in Section 10.16.060.

C.

At the hearing before the chief of police, the applicant shall be given an opportunity to present witnesses and documentary and other evidence.

D.

The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence which the chief of police deems reliable, relevant and not unduly repetitious may be considered.

E.

The applicant may be represented by another person.

F.

The chief of police shall provide an oral or written decision to the applicant sustaining, reversing or modifying the initial decision to deny the permit at the close of the hearing.

G.

If the applicant is dissatisfied with the decision of the chief of police, he or she may file a request for an appeal hearing before the appeals hearing board. The request must be in writing and received by the secretary of the board within five days after the close of the hearing before the chief of police. If the applicant does not deliver the request for a hearing to the secretary within five days after the close of the hearing before the chief of police, then the decision of the chief of police shall be final.

(Ord. 24198.)

A.

The request for a hearing must be in writing and received by the secretary of the appeals hearing board within fifteen days of the date of the police chief's hearing decision.

B.

The appeal hearing shall be conducted in conformance with Part 29 of Chapter 2.08 and the rules and regulations of the appeals hearing board.

C.

The decision of the appeals hearing board shall be final.

(Ord. 24198.)

A.

An owner or occupant of any property who is affected by a violation or threatened violation of any provision of this chapter may bring an action for damages, injunctive or declaratory relief or any other appropriate action, in a court of competent jurisdiction to enforce the provisions of this chapter.

B.

An owner or occupant of any property who is affected by a violation or threatened violation of any provision of this chapter who prevails in such an action shall be entitled to recover damages and costs, including reasonable attorney fees; and such other relief as determined by the court. In addition to all other damages or other relief, the court may award the city or private party a civil penalty of up to one thousand dollars for each violation of this chapter.

C.

The remedies provided by this chapter are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ord. 24198.)