§ 308-3. Exceptions and permits.

A. 

Emergency exception. The provisions of this chapter shall not apply to:

(1) 

The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(2) 

The emission of a sound in the performance of emergency work.

B. 

Special permits.

(1) 

The Chief of Police of the City of North Wildwood, with the advice and consent of the Construction Official of the City of North Wildwood, shall have the authority, consistent with this section, to grant special permits which may be requested pursuant to § 308-2E.

(2) 

Any person seeking a special permit pursuant to this section shall file an application with the Chief of Police of the City of North Wildwood. The application shall contain information which demonstrates that bringing the source of sound or activity for which this special permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant and the community.

C. 

Variances for time to comply.

(1) 

Within 10 days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the Chief of Police of the City of North Wildwood for a variance in time to comply with § 308-4. The Chief of Police shall have the authority, consistent with this section, to grant a variance, not to exceed 30 days from the effective date of this chapter.

(2) 

Any person seeking a variance in time to comply shall file an application with the Chief of Police of the City of North Wildwood. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant or the community or on other persons. Any individual who claims to be adversely affected by allowance of the variance in time to comply may file a statement with the Chief of Police of North Wildwood containing any information to support his claim. If the Chief of Police finds that a sufficient controversy exists regarding an application, a public hearing may be held.

D. 

Appeals. Appeals of an adverse decision of the Chief of Police of the City of North Wildwood shall be made to the appropriate court of law. Review of the court shall be de novo.