The following acts and activities are exempt from the provisions of this article unless such acts produce a risk of serious and unnecessary bodily harm:
(1) Emergency Work. Emergency work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril. This emergency exception includes maintenance, backup or upkeep ("maintenance") strictly necessary to keep emergency equipment, such as generators, in operating order as prescribed by the manufacturer, provided such maintenance is done only on weekdays between the hours of 9:00 a.m. and 4:00 p.m., sounds created do not exceed 80 dB(A), the equipment is maintained as far from the property line as reasonably possible to serve its purpose, and the equipment has all the manufacturer's standard mufflers and noise-reducing equipment intact.
(2) Athletic Events. Sound emanating from outdoor athletic events scheduled by the Town; educational, religious, or other institutions; or organized sports leagues.
(3) Safety Signals. Noise of safety signals, warning devices, and emergency pressure relief valves, provided such signals are used in a manner consistent with promoting public health and safety.
(4) Religious Bells. Noise resulting from the operation of religious bells or chimes.
(5) Emergency Vehicles. Noise resulting from any authorized emergency vehicle.
(6) Public Demonstrations. Noise resulting from parades, lawful picketing or other public demonstrations protected by the U.S. Constitution or federal law, or for which a local permit has been granted by the town, provided such activity is of a temporary duration lasting no longer than two hours during any 24-hour period. Regulation of noise emanating from activities under permit shall be according to the conditions and limits stated in this Article IV, Division 2 and according to any additional conditions stated on the permit.
(7) Town Sanctioned or Sponsored Events. Unamplified and amplified sound at street fairs community concerts, other celebrations and events, provided that such event is sponsored or sanctioned by the town.
(8) Noisemakers and Pyrotechnics. Noise from noisemakers on holidays and fireworks on holidays or at times allowed under a pyrotechnics permit issued pursuant to G.S. ch. 14, art. 54 (G.S. 14-410 et seq.).
(9) Aircraft. All noises coming from the normal operations of properly equipped aircraft, but not including scale model aircraft.
(10) Lawn Mowers and Landscaping Equipment. Lawn mowers, landscaping equipment, and agricultural equipment used between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and Sundays when operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and in proper operating condition. Typical and routine work to ready a golf course for play beginning at 6:00 a.m. during the months of April through September and at 7:00 a.m. during the months of October through March. Typical and routine work includes the mowing, blowing and raking of all of the course's playing surfaces, using equipment operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and in proper operating condition. Typical and routine work does not include the use of chainsaws, chippers, shredders or equipment that is used on a sporadic, irregular basis.
(11) Marching Bands. Practice sessions or performances by marching bands.
(12) Railroads. Noise from trains and associated railroad rolling stock when kept in proper repair and operated in a proper manner.
(13) Operations of Local Government Employees. Noise created by the normal operations of the town government, including the work of its contractors.
(14) Unamplified Recreational Noise. Unamplified sound originating from recreational activities at public or private recreational, civic or community clubs, and religious institutions, when such noise is created by patrons and/or guests during the legitimate operation of the establishment between the hours of 7:00 a.m. through 9:00 p.m.
(15) Refuse Collection. Operating a front-end loader or other truck for refuse collection Monday through Saturday between the hours of 7:00 a.m. and 8:00 p.m.
(16) Construction Work. Performing construction work or operating construction machinery Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. or between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays and holidays which are observed by the state.
(17) Garages. Noises created by the ordinary business activities of garages or service stations between the hours of 7:00 a.m. and 9:00 p.m.
(Code 1982, § 13-18; Ord. No. 93-29, 5-13-1993; Ord. No. 94-022, § 2, 8-11-1994; Ord. No. 05-003, 2-24-2005; Ord. No. 05-004, 3-10-2005; Ord. No. 2013-Code-05, 10-10-2013; Ord. No. 2015-Code-004, 7-9-2015)