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A. In cases of emergency or other public necessity, the City Manager may issue a permit allowing activities described in BC 5.50.025 to take place at any hour. The permit may be for the duration of the permitted activity.

B. The City Manager may also issue a permit for a concert or similar event allowing noise otherwise prohibited by this chapter, provided the concert or event is permitted under the applicable provisions of this code. The permit may be for a single concert or event or for a concert series. Applications for a noise permit shall be submitted at least 45 days in advance of the date they will be needed. Within five days of submitting the application, the applicant shall provide notice in a form approved by the City to property owners and residents within 500 feet of the location where the sound will be generated. Notice may be provided by email, hand delivery, door-hangers, regular mail or other means calculated to provide individual notice. The City will provide notice to the applicable neighborhood association or the Downtown Bend Business Association and post notice of the application on the City website. Any person may provide comments to the City regarding the noise permit application within 15 days of the permit application. The applicant shall provide a statement to the City at least 30 days before the scheduled event that notices have been provided as required by this section. The City will normally issue or deny the permit at least 20 days prior to the date of the event. The City Manager may waive any of the deadlines or timelines established by this section, and also may issue a permit notwithstanding the timelines based on his or her assessment of the factors outlined in this section. The City Manager shall consider written comments in making the decision whether to issue the permit, except in the rare instance where waiving a timeline makes it difficult to do so.

C. The grant or denial of permits by the City Manager may be appealed to the City Council within 15 days after denial or permit issuance. A permit when issued remains in effect until the Council decision on the appeal unless withdrawn by the City Manager.

D. Permit applications must include contact information, including a telephone number for a responsible person who will be available at that number while the noise is being generated.

E. Permits may include such restrictions or conditions necessary to safeguard the public peace, including maximum noise levels and time of day restrictions.

F. Failing to obtain a permit when one is required or failing to comply with a permit is a violation. [Ord. NS-2201, 2013; Ord. NS-2188, 2012; Ord. NS-2142, 2010]