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<br /> -11- <br />which said permit has been granted and shall specify a <br />reasonable time that the permit shall be effective. The City <br />Manager or his duly authorized representative may grant the <br />relief as applied for only if he finds: <br /> A. That additional time is reasonably necessary <br /> for the applicant to alter or modify his <br /> activity or operation to comply with the San <br /> Marcos Noise Ordinance; or <br /> B. That the activity, operation or noise source <br /> will be of temporary duration and cannot be <br /> done in a manner that would comply with this <br /> Ordinance; and <br /> C. That no other reasonable alternative is <br /> available to the applicant. <br />The City Manager or his duly authorized representative may <br />prescribe any reasonable conditions or requirements he deems <br />necessary to minimize adverse effects upon the community or the <br />surrounding neighborhood. <br /> SECTION 12. Appeal <br />Any individual who claims to be adversely affected by noise as <br />the result of the issuance of a permit pursuant to the terms of <br />Section 11 or any individual who is aggrieved by the disapproval <br />of an undue hardship permit may appeal in writing within ten (10) <br />days to the City Manager stating any information to support the <br />claim. Upon receipt of said appeal, the City Manager or his duly <br />authorized representative shall arrange a hearing with the <br />individual submitting the appeal and the Environmental Noise <br />Committee. The Environmental Noise Committee shall consist of <br />three (3) members appointed by the City Council. <br />Based upon the record of such hearing the Environmental Noise <br />Committee shall make a finding and shall sustain, modify or <br />rescind the permit. A written report of the hearing shall be <br />furnished to the holder of the permit, the individual adversely <br />affected by the allowance of the permit and the City Manager. <br /> SECTION 13. Noises Permitted - Public Events <br />Application for a permit to hold a public event which may violate <br />the provisions of the San Marcos Noise Ordinance shall be made to <br />the City Manager or his duly authorized representative. Such <br />permit shall be valid only at the specified time and on the <br />specified date noted in the permit. <br /> SECTION 14. Enforcement Personnel <br />The Chief of Police shall assign duties of enforcement to <br />personnel trained in noise control techniques and procedures and <br />equipped with calibrated sound level meters of a Type II or <br />better. <br /> SECTION 15. Penalty <br />Any person violating any provision of the San Marcos Noise <br />Ordinance shall be punished by a fine not to exceed $200. Each <br />day a violation shall continue shall constitute a separate <br />offense. <br /> SECTION 16. Additional Remedy - Injunction <br />As an additional remedy, any activity, conduct or the operation <br />or maintenance of any device, instrument, vehicle or machinery <br />which is continuing in nature and in violation of any provision <br />of this chapter and which causes discomfort or annoyance or which <br />endangers the comfort, repose, health or peace of residents <br />within the corporate limits of the City of San Marcos; or which <br />exceeds the sound levels permitted by Section 5 shall be deemed <br />