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HomeMy WebLinkAbout2015-03-16-Ordinance 2778_Noise Control, FeesORDINANCE NO.2778 AN ORDINANCE TO AMEND CHAPTER 228,WAUKEK MUNICIPAL CODE,NOISE CONTROL,BY AMENDING SECTION 228.07,NOISE PERMIT FOR SOUND EQUIPMENT,AS SPECIFIED BELOW WHEREAS,the City of Waukee has determined that those fees associated with noise permits for sound equipment shall be amended. BK IT ORDAINED by the City Council of the City of Waukee: Section 1.Chapter 228,Waukee Municipal Code,Noise Control,Section 228.07,Noise Permit for Sound Equipment,is hereby amended as follows: $228.07 Noise Permit for Sound Equipment.No person shall use,operate or cause to be used or operated any sound equipment upon the public right-of-way,in any building or upon any public or private premises,if the sound is in excess of the maximum permitted levels under Section 228.05 when measured at the property boundary,or anywhere within the property, of a receiving land use,or if in a park,approximately two hundred {200)feet from the source of the sound or,when a complaint is received,at the nearest boundary of the property where the complaining party was disturbed,unless such person has obtained a noise permit in accordance with this section,and the actual use or operation of such sound equipment is not inconsistent with statements made in the application,the condition imposed in the sound equipment permit or the limitations specified in subsection 4 of this section.Any person who operates any sound equipment in violation of this section,and without obtaining a noise permit,shall be subject to having the event stopped or the sound equipment turned off or reduced to a legal level.Such remedy shall be in addition to any other rights and remedies of the City.A noise permit shall not be transferable,and it shall be conspicuously displayed on or adjacent to the sound equipment, Section 2.Chapter 8,Waukee Municipal Code,Noise Control,Section 228.07{2),Noise Permit for Sound Equipment,is hereby amended as follows: 2.Permit Fee.A $25.00 permit fee shall be paid by the applicant for the permit upon submission of the application.The fee is nonrefundable. No fee is required for a noise permit issued to City,State or Federal government or any governmental subdivision or agency thereof. Section 3.Re ealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4.Severabili Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provisions or part thereof not adjudged invalid or unconstitutional. Section 5.Effective Date.This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Council the 16"'day of March„2015,and approved this 16"'day of March,2015. illia F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk