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The City Manager or his delegated representative shall issue a permit for emission of amplified noise or sound unless:

a.The loudspeaker is to be utilized for commercial purposes. Commercial purposes as defined herein include any activity done primarily for the purpose of private profit whether such activity resulted in a profit or otherwise. Permits for such amplified sound or noise emission equipment shall be issued only if the City Manager or his delegated representative finds that its use does not unreasonably invade the privacy of, or constitute a nuisance to those who reside, work or otherwise occupy premises in reasonable proximity to the emission of amplified sound or noise or otherwise endanger the health, safety and welfare of the City or its citizens. Once such permit has been issued, it may be revoked upon a finding by the City Manager or his delegated representative that in its operation the amplified sound or noise has become a nuisance or has unreasonably invaded the privacy of those who reside, work, or otherwise occupy the premises in reasonable proximity to the emission, or the emission will in any way endanger the health, safety and welfare of the City or its citizens.

b.The applicant seeks to emit the amplified sound or noise other than between the hours of 9:00 a.m. and 10:00 p.m. Permits which extend the emission of amplified sound or noise outside of those hours shall be issued only if the City Manager or his delegated representative determines that such an emission will not unreasonably invade the privacy of those who reside in or otherwise occupy premises in reasonable proximity to the emission area of operation, or constitute a nuisance as to such persons.

c.The applicant seeks to emit the amplified sound or noise in a residential area of the City, and there is a reasonably alternative means which will not require invasion of the privacy of all of the homeowners or occupiers within such residential area. Residential area as defined here is the area so designated by the zoning ordinance of the City.