The following activities shall be exempted from the provisions of this chapter:
(A) Those noise events in the community (e.g. arterial traffic noise, railroad noise) that are more accurately measured by application of the general plan noise element policy, utilizing the community noise equivalent level (CNEL) method.
(B) School bands, school athletic and school entertainment events.
(C) Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are authorized by the city via permit, or previously approved development agreement.
(D) Activities conducted in public parks and public playgrounds with a valid city permit.
(E) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
(F) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
(G) Mobile noise sounds associated with agricultural operations provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a Federal holiday.
(H) Mobile noise sources associated with agricultural pest control through pesticide application.
(I) The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including trash collection and those activities of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
(J) The provisions of this chapter shall not apply to noise sources associated with minor maintenance or improvement of property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.
(K) The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law or which is necessary or appropriate means of complying with health or safety requirements imposed by state or federal law.
(L) If at the time the enforcement officer investigates a noisy animal(s) complaint, and determines that the cause of the noise is the result of a person, other than the animal's owner or caretaker, committing or attempting to commit an illegal act, such as trespass or theft, no violation of § 95C.04 shall have taken place.
(Ord. 1267, passed 4-5-00)