§ 91.06. Exceptions.

The following are exempt from the provisions of this article:

(A)

Any bell or chime from any building clock, school or church;

(B)

Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation, provided that burglar alarms not terminating within 30 minutes after the owner or tenant of the property has been notified shall be unlawful;

(C)

Noise created as a result of or relating to an emergency;

(D)

Warning devices required by OSHA or any local, county, state or federal safety regulations;

(E)

Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration;

(F)

Noises resulting from the provision of municipal sanitation services;

(G)

Commercial construction operations from the daylight hours between 7:30 a.m. and 7:00 p.m. for which building permits have been issued or for which permits are not required due to ownership of the project by an agency of government, providing all equipment is operated in accordance with the manufacturer's specifications and with all the manufacturer's standard mufflers and noise-reducing equipment in use and operating properly;

(H)

All noises coming from motor vehicles properly equipped with the manufacturer's standard mufflers and noise-reducing equipment;

(I)

Noise from lawful fireworks on legal holidays from dawn until the following midnight;

(J)

Commercial lawnmowers and agricultural equipment used between the daylight hours of 7:30 a.m. and 7:00 p.m. when operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and operating properly;

(K)

Sound amplification equipment used in conjunction with a telecommunications system on business properties to notify employees of that business of incoming phone calls; providing that this system be used only between the hours of 7:00 a.m. and 10:00 p.m. and that any speakers attached to the system be oriented toward the interior of the property;

(L)

Sound emanating from regularly scheduled, outdoor athletic events held by schools or local government recreation departments;

(M)

Yard maintenance and construction activities by the occupants of private residences between 7:30 a.m. and 7:00 p.m.;

(N)

Noises resulting from the provision of government services;

(O)

Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;

(P)

Sounds emitted by manufacturing operations in L-1, I-P, and I-W zones of less than 75 dB(A) at the property line; and

(Q)

Notwithstanding any provision to the contrary in this article, noise pursuant to a permit issued under § 91.07 and within the decibel limits of § 91.03 shall not be a violation of § 91.05.

(R)

The sound of a person's voice at an event transmitted over a public address system prior to 8:30 p.m.; provided, however that the noise from such public address system shall not exceed the dB(A) limits provided in subsection (A) of this section, and, this exemption is only available on a zoning lot during two days during a calendar year.

(Ord. 08:007, passed 5-1-2008; Am. Ord. 09-04, passed 10-14-2009)

Cross reference

Penalty, see § 91.99.