(A) Exceptions. The following uses of an activity shall be exempt from noise level regulations:
(1) Noise of safety signals and warning devices;
(2) Noises resulting from any authorized vehicle, when responding to an emergency;
(3) Noises resulting from the provisions of municipal services;
(4) Any noise resulting from activities of a temporary duration permitted by law and/or for which a waiver has been granted by the city;
(5) The unamplified human voice (except as specified in § 93.04(J));
(6) Parades and public gatherings for which a special waiver has been issued; and
(7) Bells, chimes, carillons while being used for religious purposes or in conjunction with religious services, or for national celebrations or public holidays, and those bells, chimes, carillons that are presently installed, and in use, for any purpose.
(B) Exemptions for time to comply. Upon good cause shown by the owner or responsible party for any noise source, the City Council shall have the power to grant an exemption from the requirements of this chapter in order to allow sufficient time for installation of needed control equipment, facilities or modifications to achieve compliance, not to exceed ten days, provided that such exemption may be renewed as necessary, but only if satisfactory progress toward compliance is shown.
(C) Use exemptions. The following uses and activities shall be exempt from noise level regulations:
(1) Lawn maintenance equipment when it is functional within manufacturer’s specifications and with all mufflers and noise reducing equipment in use and in property operating condition between the hours of 8:00 a.m. and 9:00 p.m.;
(2) Nonamplified crowd noises resulting from the activities such as those planned by day care centers, schools governmental or community groups; and
(3) Amplified announcements, electronically amplified announcements at athletic or special events from 8:00 a.m. to 12:01 a.m.
(D) Special waivers.
(1) The City Manager shall have the authority, consistent with this chapter, to grant special waivers.
(2) Any person seeking a special waiver pursuant to this chapter shall file a written application with the City Manager. The written application shall contain information which demonstrates that bringing the source of sound or activity for which the special waiver is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or for another purpose.
(3) In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community and other persons of not granting the special waiver against the adverse impact on the health, safety and welfare of persons affected, the adverse impact of granting the special waiver.
(4) Special waivers shall be granted by notice to the applicant and may include all necessary conditions, including time limits on the permitted activity. The special waiver shall not become effective until all conditions are agreed to by the applicants. Noncompliance with any condition of the special waiver shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sounds or activity for which the special waiver was granted.
(5) The City Manager may issue guidelines defining the. procedures to be followed in applying for special waivers and the criteria in declaring whether to grant a special waiver.
(E) Social gatherings and parties.
(1) Any person who is planning a social gathering or party at which it is anticipated that the noise levels will exceed those set forth in § 93.05 herein may file a written application with the City Manager for a special waiver from such noise levels.
(2) Any person seeking such a special waiver shall indicate in his or her application to the City Manager the specific reason why he or she will not be able to meet the established noise levels. The applicant shall also include a written statement that he or she has personally contacted all residents of properties abutting the property in question and none oppose the special waiver being requested. For purposes of the preceding sentence, when an applicant’s property abuts on a street the applicant will also be required to notify and receive permission from residents directly across such street.
(3) Should the applicant be granted a special waiver pursuant to this division (E), it will be subject to the condition that any such special waiver will expire at 10:00 p.m. on Sunday through Thursday evenings and midnight on Friday and Saturday evenings.
(Ord. 1-G, passed 3-12-1996)