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DRAFT 12/13/06 <br />(e) Sounds made by activities by or at the request of the city in <br />maintenance, construction, or repair of public improvements in public <br />rights-of-way or easements.] <br />(fc) Sounds produced pursuant to a specific variance granted by the <br />Oregon Environmental Quality Commission, or by the city manager or <br />hearings official under subsection (2) of [this] section 6.755 of this <br />code. <br />(gd) Sounds caused by sources regulated as to sound production by federal <br />law or sounds caused by sources the regulation of which is preempted <br />by state law. <br />(he) Sounds not electronically amplified, created by athletic and <br />entertainment events other than motor vehicle racing events or <br />fireworks displays. <br />(if) Electronically amplified announcements at athletic events other than <br />motor vehicle racing events. <br />(jg) The sounding of any horn or signaling device on an automobile, <br />motorcycle, or other vehicle reasonably required by the exigencies of <br />vehicular or pedestrian traffic. <br />(kh) Sounds specifically authorized under a permit or license issued by the <br />city. <br />[(2) <br /> Variances. Any person who owns, controls, or operates any sound <br />source which does not comply with section 4.080, 4.081, or 4.083 of <br />this code may apply to the city manager for a variance. As used herein, <br />"city manager" includes a designee of the city manager. <br />(a) Application. An application for a variance shall be in writing on a <br />form provided by the city, contain the information required by the <br />city manager, and be accompanied by a fee in an amount set <br />under section 2.020 of this code. No application shall be <br />considered received until all required information and the fee have <br />been submitted. <br />(b) Public notification. The city shall give written notice of the <br />application to any officially recognized neighborhood association <br />in whose boundaries the sound source is located. The city shall <br />also post written notice at the sound source location. The notice <br />shall state the date by which the application will be considered, <br />the nature of the variance to be considered, and where persons <br />may file written comments regarding the application. The <br />applicant shall maintain the posted notice until the final decision <br />on the application is made. <br />(c) Types of variances. <br />1. Class A variances may be granted by the city manager for <br />an event or activity which does not exceed 24 hours. <br />2. Class B variances may be granted by the city manager for <br />an event or activity or series of related activities which are 24 <br />hours or more in duration. <br />(d) Decision. <br />1. The city manager shall grant or deny the variance within 14 <br />days of receiving a complete variance application. The time <br />Ordinance - <br />3 <br /> <br />