San Jose |
Code of Ordinances |
Title 10. PUBLIC PEACE, MORALS AND WELFARE |
Chapter 10.16. OFFENSES AGAINST PUBLIC PEACE |
Part 2. LOUDSPEAKERS AND SOUND AMPLIFIERS |
§ 10.16.070. Expedited notice and hearing.
A.
In the case of the denial of a permit application for an event scheduled to take place within five days of the filing of the application, the chief of police, at the applicant's request, shall provide the applicant with expedited notice, written or oral, of the notice of decision, within twenty-four hours of the time the applicant files the application.
B.
Within twenty-four hours of the applicant's receipt of the expedited notice of the decision to deny a permit, the chief of police shall hold a hearing as provided for in Section 10.16.060.
C.
At the hearing before the chief of police, the applicant shall be given an opportunity to present witnesses and documentary and other evidence.
D.
The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence which the chief of police deems reliable, relevant and not unduly repetitious may be considered.
E.
The applicant may be represented by another person.
F.
The chief of police shall provide an oral or written decision to the applicant sustaining, reversing or modifying the initial decision to deny the permit at the close of the hearing.
G.
If the applicant is dissatisfied with the decision of the chief of police, he or she may file a request for an appeal hearing before the appeals hearing board. The request must be in writing and received by the secretary of the board within five days after the close of the hearing before the chief of police. If the applicant does not deliver the request for a hearing to the secretary within five days after the close of the hearing before the chief of police, then the decision of the chief of police shall be final.
(Ord. 24198.)