The following defenses shall apply to any offense established in this chapter:
(A) The emission of any sound was for the purpose of alerting persons to the existence of an emergency;
(B) The sound was produced by an authorized emergency vehicle;
(C) The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident or natural disaster;
(D) The sound was generated:
(1) At a lawfully scheduled stadium event;
(2) By a parade and spectators and participants on the parade route during a permitted parade;
(3) By spectators and participants at a lawfully scheduled amphitheater event;
(4) By spectators and participants of any outdoor event, fun run, race, festival or concert which was sponsored, cosponsored or permitted by the city; or
(5) A governmental entity, as defined by Tex. Loc. Gov’t Code, § 271.021(2).
(E) The sound was produced by the erection, excavation, construction, demolition, alteration or repair work, or the permitting or causing the operation of any tools or equipment used in any such activity conducted during daytime hours and which activity did not produce a sound exceeding the maximum permissible sound level for residential property when measured from the nearest residential property where sound is being received;
(F) The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on a railroad right-of-way;
(G) The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower or any other similar device used during daytime hours and which device did not produce a sound exceeding the maximum permissible sound level on residential property when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used; and/or
(H) The sound was produced by the operation of any air conditioning unit which did not produce a sound exceeding the maximum permissible sound level as designated for residential property and nonresidential property, when measured at or near 15 feet from the air conditioning unit producing the sound being measured.
(Ord. 9-8-05B, passed 9-8-2005)