The following activities shall be exempt from the provisions of this chapter:
(a) Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, “emergency” means a condition that constitutes an immediate threat to public safety, health or welfare or to property.
(b) Warning Devices. Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns.
(c) Outdoor Activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds including, but not limited to, school athletic and school entertainment events and band or orchestral rehearsals for school athletic or school entertainment events.
(d) Construction; Special Circumstances. The provisions of Section 4.34.020 of this chapter do not apply to any person who performs construction, repair, excavation or earthmoving work if and to the extent that the city manager or his or her designee has given express prior written permission to perform such work at times prohibited in Section 4.34.020 of this chapter. In order to be given such permission, the person must submit to the city manager or to the city manager’s designee an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The city manager or his or her designee may grant or conditionally grant such permission if the city manager, city engineer, code enforcement officer or building official has found that:
(1) The work proposed to be done is necessary to protect or promote public safety or welfare or is otherwise in the public interest; or
(2) Hardship including, but not limited to, unreasonable delay due to weather, acts of God or labor strikes, would result from the interruption thereof during the hours and days specified in Section 4.34.020 of this chapter; or
(3) The building or structure involved is devoted or intended to be devoted to a use immediately incidental to public defense.
Any applicant dissatisfied with the decision of the city manager or the city manager’s designee may appeal to the city council by filing a notice of appeal with the city clerk within ten days after notice of the decision. The appeal shall be accompanied by the applicable appeal fee, which shall be established by a resolution of the city council. The city council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the city manager.
The provisions of Section 4.34.020 of this chapter also do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation. The application for the permit shall be accompanied by the payment of the applicable fee established by resolution of the city council.
(e) Outdoor Events. Outdoor events, such as gatherings, fairs, circuses, public dances, parades, shows and sporting events, if and to the extent the events are conducted pursuant to a permit issued by the city manager or the city manager’s designee. The application for such permit shall be accompanied by the payment of the applicable fee established by resolution of the city council.
(f) Filming Activities. Filming activities, if and to the extent the filming activities are conducted pursuant to a permit issued pursuant to Chapter 5.25 of this code.
(Ord. 753 § 4 (part), 1997)