The following defenses shall apply to any offense established in this chapter, and the same must be specifically pled by anyone charged with a violation:
(A) The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime, or was produced pursuant to any safety rule or regulation of any governmental entity or agency.
(B) The sound was produced by an authorized emergency vehicle.
(C) The sound was produced by emergency work.
(D) The sound was generated:
(1) By a musical instrument at a lawfully scheduled stadium event. A horn from which sound is not produced by the breath of the individual playing such musical instruction is not considered a musical instrument for the purpose of this defense;
(2) By a parade and spectators and participants on the parade route during a lawful parade authorized by the city;
(3) By spectators and participants at lawfully scheduled amphitheater event;
(4) By patrons and participants using cannons and gunfire during historical battle re-enactment for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal;
(5) By a pyrotechnic display that was approved by the city; or
(6) By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert that was sponsored or co-sponsored by the city.
(E) The sound was produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment.
(F) The sound was produced by aircraft, in flight or in operation at any airport, or railroad equipment in operation on railroad right-of-way.
(G) The sound was produced by operating or permitting the operation of any mechanical power tools, lawn or garden tools, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 9:00 p.m. when the sound is being produced for the maintenance or upkeep of the property on which it was operated.
(H) The sound was generated as authorized under the terms of a permit.
(I) The sound was produced by church bells or church chimes when used as part of a religious observance or service during daytime hours.
(J) The sound was produced during daytime hours by activities conducted on public parks, public playgrounds, and public or private school grounds, including but not limited to Burkburnett Independent School District athletic, band, and school entertainment practice or events.
(Ord. 986, passed 11-16-20)