§ 34-39. Temporary permits.

(a)

The mayor is authorized to issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this section. The mayor may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this article shall contain all conditions upon which the permit has been granted, including the period of time for which the permit has been granted. Such relief may be granted in the following situations:

(1)

Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this article, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant. Such permits may be granted for a period of time not to exceed ten days.

(2)

Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with sections 34-35, 34-37 and 34-38; provided that all equipment shall be operated in accordance with manufacturers specifications, shall be in good repair and shall utilize all noise baffling methods as specified by the manufacturer, and further provided that such activities shall occur only as follows:

a.

Between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday; between the hours of 8:00 a.m. and 8:00 p.m., Saturday and Sunday.

b.

Notwithstanding the provisions set forth in subsection (a)(2)a. of this section, the building official may authorize any construction activity at a particular site earlier than 7:00 a.m. and/or later than 8:00 p.m. The work authorized by the building official pursuant to this subsection (a)(2)b. may be conditioned upon notice to surrounding property owners and tenants.

(3)

Special events. When the applicant seeks to hold an activity or special event for which a permit is required by chapter 78, article VI, of this Code relating to special events and has met all of the city's requirements for obtaining such permit, and the activity or special event cannot be performed or held in a manner that would comply with sections 34-35, 34-37 and 34-38. This section shall also apply to private entities holding leases for use of city owned property within the city.

(b)

Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in sections 34-41 and 34-42.

(Ord. No. 4136-08, § 1, 4-21-2008; Ord. No. 4591-15, § 1, 9-28-2015)