Any person who claims that the application or threatened application of this chapter
or any section of this code regulating the generation of noise to such person violates
their right to freedom of speech, freedom of assembly, equal protection, or to the
free exercise of their religion as secured by the Minnesota Constitution or United
States Constitution, should promptly apply to the director of inspections for a waiver.
Application shall be made to the director on a form provided by the director. The
matter shall then be heard by the director of inspections or the director's designee
or referred to a hearing officer(s) as the director may determine. After hearing the
matter or receiving the report of the hearing officer(s), the director or the director's
designee shall grant such waiver to the extent necessary to eliminate the violation
if the director or director's designee determines based on the reliable evidence submitted
or on the report of the reliable evidence presented that application of the ordinance
in such case would violate the applicant's right to freedom of speech, freedom of
assembly, equal protection, or to the free exercise of the applicant's religion as
secured by the Minnesota Constitution or United States Constitution, section 389.60(g) or (h) of this chapter, or section 389.65 (b)(13) of this chapter. (97-Or-063, § 16, 7-11-97; 97-Or-067, § 4, 7-25-97)
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