(A) The following uses and activities, among others, are not governed by and shall be exempt from the noise regulations set forth in this subchapter. It is expressly provided, however, that the following enumeration shall not be deemed or considered exclusive, and any activity that is not expressly prohibited as set forth in § 90.02 shall be exempt from this subchapter.
(1) Noises of safety signals and warning devices legally used for their intended purpose for a reasonable duration;
(2) Noise resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;
(3) Noise resulting from emergency work, to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger;
(4) Noise resulting from farming operations, including but not limited to noises generated by machinery, equipment and farm animals;
(5) Noise associated with the legal operations of any firearm club, organization or association legally established;
(6) Noise associated with any event in recognition of a community celebration of national, state or county events or public festivals;
(7) Noise associated with any school activity or camp activity, except that it shall be unlawful for any person to use loud, boisterous, raucous language or shouting in a violent or offensive manner while attending those activities;
(8) Noise associated with the chimes or bells of businesses, schools, camps or religious institutions in the daytime hours, provided they operate for not more than 10 minutes in any hour;
(9) Noise caused by the firing, shooting or discharging of any firearm by law enforcement in the discharge of duty pursuant to lawful direction of law enforcement officers, or in lawful defense of person or property;
(10) Noise associated with the official training of any law enforcement officers, including but not limited to driver training, firearm training and any such other training that is deemed necessary and advisable;
(11) Noise caused by the firing, shooting or discharging of any firearm in the lawful defense of person or property;
(12) Nonamplified crowd noises resulting from activities planned by student, governmental, camp or community groups;
(13) Noise associated with or resulting from the normal operations of any construction, commercial, industrial or agricultural activities or operations, except for electronically amplified sound and acts specifically prohibited by § 90.02;
(14) Noise associated with or resulting from the normal operations of any facility that is properly licensed by the North Carolina Department of Agriculture, Veterinary Division, as a boarding kennel, pet shop or dealer in accordance with the North Carolina Animal Welfare Act (G.S. §§ 19A-20 et seq.), as may be amended, or of any animal shelter that is operated by Henderson County; or
(15) Nonamplified traffic noise on public streets or highways, or routine noises associated with railroad operations.
(B) If any exception stated in this subchapter would limit obligation, limit liability or eliminate either an obligation or liability, the person who would benefit from the application of the exception shall have the burden of proving that the exception applies and that the terms of the exception have been met.
(Ord. O-00-10, passed 8-14-2000)