§ 130.055 LIMITED EXEMPTIONS.
   The following limited activities are exempted from the sound level limitations of § 130.054:
   (A)   Operation of power equipment. Operation, between 7:00 a.m. and 10:00 p.m., of power equipment that does not produce a sound level exceeding 90 dB(A) beyond the property line of the property on which the equipment is operated.
   (B)   Construction, repair, remodeling, demolition, drilling, wood cutting or excavation work. Construction, repair, remodeling, demolition, drilling, wood cutting or excavation work conducted between 7:00 a.m. and 8:00 p.m. Mondays through Saturdays, except legal holidays, which does not produce a sound level exceeding 105 dB(A) beyond the property line of the property on which the work is being conducted. Also, a person may engage in such activities at his residence between 9:00 a.m. and 6:00 p.m. on Sundays.
   (C)   Loud speakers, sound amplifiers, public address systems. Operation or use, for any noncommercial purpose, of any loud-speaker, sound amplifier, public address system, or similar device to amplify spoken words between 7:00 a.m. and 10:00 p.m. This exemption applies to the use or operation of mechanical loud-speakers on or from motor vehicles only if a specific permit for the activity has been granted by the City Council. The City Council shall cause such a permit to issue when it finds the following:
      (1)   The applicant has a noncommercial message that cannot be effectively communicated to the public by the other means of communication available.
      (2)   The applicant will limit the use of the loud-speakers to times, locations and sound levels which will not unreasonably disturb the public peace.
      (3)   The applicant will not use the equipment in residential areas between 10:00 p.m. and 7:00 a.m.
   (D)   Killing, trapping, attracting, or repelling insects or other pests. The operation between 7:00 a.m. and 10:00 p.m. of any device for killing, trapping, attracting, or repelling insects or other pests which does not produce a sound level exceeding 83 dB(A) beyond the property line of the property on which the device is operated.
   (E)   Bells or chimes. The use for noncommercial purposes of one or more bells or chimes which does not exceed 90 seconds in duration in an hour.
   (F)   Carillon playing. Carillon playing between 7:00 a.m. and 10:00 p.m.
   (G)   Musical instruments. Playing or practicing with a single musical instrument between 7:00 a.m. and 10:00 p.m. without electric amplification for not more than one hour a day that does not produce a sound level in excess of 67 dB(A) beyond the property line of the property on which the instrument is used.
   (H)   Call to prayer and church bells. The city shall permit “call to prayer,” “church bells” and other reasonable means of announcing religious meetings to be amplified between the hours of 6:00 a.m. and 10:00 p.m. for duration not to exceed five minutes:
      (1)   The city shall have the sole authority to set the level of amplification, provided, however, that no such level shall be enforced until all religious institutions receive notice of the levels; and
      (2)   All complaints regarding alleged violations of this section shall be filed with the City Clerk and placed on the agenda of the next regular meeting of the City Council. The City Council shall take all appropriate action it deems necessary to alleviate the complaints, with the action to include, but not be limited to, an order to terminate use of amplification. If the City Council deems that the means of announcing religious meetings must be reduced, the Council shall amend this section of the subchapter. The Council may also determine that a complaint is without justification and choose to take no action on the complaint; if the determination is made, the decision shall be made by resolution of the City Council.
(Ord. 2008-2, passed 1-22-2008)