The following are exempt from the provisions of this section:
(a) Noise resulting from emergency or necessary maintenance work as performed by the Town of Eleanor, State of West Virginia or its political subdivisions, or public utility companies, including, but not limited to, any work of any kind on roads, streets, bridges, alleys, rights-of-way or government owned property;
(b) Noise resulting from any emergency vehicle, when responding to an emergency call or acting in time of emergency, or during training exercises and maintenance;
(c) Noise from emergency signaling devices, herein except as provided in subsection (d), herein;
(d) Noise from a burglar or fire alarm installed on any building, motor vehicle or other property so long as the alarm terminates its operation within five minutes of its activation; provided that it shall be deemed reasonable for an activated alarm to continue to operate if a crime or fire is in progress at or near the property and/or until law enforcement or other emergency personnel have responded to a legitimate call for assistance related in any way to the property at which the activated alarm is located;
(e) Noise from domestic power tools, landscaping and yard maintenance equipment, and agricultural equipment when operated between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 8:00 a.m. and 9:00 p.m. on weekends and legal holidays;
(f) Noise from commercial or industrial power tools, landscaping and yard maintenance equipment, and agricultural equipment on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 8:00 a.m. and 9:00 p.m. on weekends and legal holidays;
(g) Noise from church bells and chimes when used as part of a religious observance or service or for national celebrations or public holidays, and those bells and chimes that are presently installed and in use, provided said use is reasonable and for a church related purpose;
(h) Noise generated during the normal course of business by any properly licensed commercial or industrial enterprise operating lawfully within an area properly zoned for said enterprise, unless or until said lawful business use is deemed abandoned as a matter of law or fact;
(i) Noise from construction, drilling, earthmoving, excavating, or demolition activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
(j) Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal;
(k) Noise generated in situations within the jurisdiction of the Federal Occupational Safety and Health Administration;
(l) Noise generated from town sponsored or approved celebrations or events, including, but not limited to, parades, outdoor concerts, and athletic events;
(m) Noise generated from secondary school and higher education sponsored or approved celebrations or events, including, but not limited to, outdoor concerts or band festivals and outdoor athletic events and practices;
(n) Noise produced by a governmental body or employee in the performance of a governmental function;
(o) Noise generated from athletic events or practices;
(p) Noise generated from railroads within the Town.
(Ord. 15-02. Passed 11-19-15.)