It shall be unlawful for anyone to use, play, or participate in the use or playing of any loudspeaker, amplifier or other device for the amplification of sound in the downtown business district, or for any owner, lessee, manager or other person exercising control over real property to permit the use or playing of any loudspeaker, amplifier or other device to amplify sound in the downtown business district, unless:
(a) 
The sounds produced by the loudspeaker, amplifier or other device for amplification of sound cannot be heard within an enclosed office, store or other enclosed space with windows and doors shut, located more than 50 feet from the location of the loudspeaker, sound amplifier or other device for the amplification of sound; or
(b) 
The loudspeaker, sound amplifier or other device for the amplification of sound is used or played:
(1) 
Between the hours of 11:00 a.m. and 1:30 p.m., or after 5:00 p.m.;
(2) 
For no more than 10 minutes during any day;
(3) 
On a Saturday, Sunday or holiday observed by the federal, state or local government; or
(4) 
In compliance with a permit issued under KMC § 5.09.020.
For purposes of this chapter the downtown business district is that area within a radius of 1,000 feet from the center point of the intersection of Main Street and Mission Street.
The city manager shall issue a permit to extend the hours that a loudspeaker, sound amplifier or other device for the amplification of sound may be used or played upon proof that:
(a) 
The event for which the permit is sought cannot reasonably be scheduled within the hours described in KMC § 5.09.010(b)(1) or (2);
(b) 
The event will be of temporary duration not lasting more than three days and cannot be held in a manner which complies with KMC § 9.04.011(a); and
(c) 
The applicant has taken reasonable efforts to minimize the disturbance to occupants of building located 50 feet or more from the location of the loudspeakers, amplifiers or other devices for amplification of sound.
The permit may establish maximum decibel levels, may require that sounds be directed away from adjacent buildings, and may impose other conditions to minimize disruption from the use of the loudspeaker, sound amplifier or other device for the amplification of sound. No more than one permit may be issued to any person, group of people, or premises within any 15-day period.
The fine schedule for violations of this chapter shall be: $100.00 on a first offense within 12 months; $200.00 for a second offense within any 12-month period; and $300.00 for third and subsequent offenses within a 12-month period.