§ 90.05  EXCEPTIONS.
   (A)   Generally.  The following are exempt from the provisions of Table 1 and Table 2 of § 90.03.
   (B)   Specifically.
      (1)   Sound emanation from scheduled outdoor athletic events;
      (2)   Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 8:00 p.m. on Saturdays, 1:00 p.m. to 5:00 p.m. on Sundays for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accord with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition;
      (3)   Noise of safety signals, warning devices, emergency pressure relief valves, and all church bells.  For purposes of this division (B)(3), the term church bells shall not include electronic devices or artificial sound reproduction systems intended to sound like church bells;
      (4)   Noise resulting from any authorized emergency vehicle;
      (5)   Noise resulting from parades, lawful picketing, or other public demonstrations protected by the U.S. Constitution or federal law, or for which a local permit has been granted by the town, provided the activity is of a temporary duration lasting no longer than 2 hours during any 24-hour period.  Regulation of noise emanation from activities under permit shall be according to the conditions and limits stated in this chapter and according to any additional conditions stated on the permit;
      (6)   Un-amplified and amplified sound at street fairs conducted, sponsored, or sanctioned by the town;
      (7)   All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft);
      (8)   Noise from noisemakers on holidays and fireworks on holidays or at times allowed under a pyrotechnics permit issued pursuant to G.S. Chapter 14, Article 54;
      (9)   Lawn mowers and agricultural equipment used between daylight hours 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer’s standard mufflers and noise-reducing equipment in use and in proper operating condition;
      (10)   Un-amplified and amplified sound at community concerts conducted, sponsored, or sanctioned by the town;
      (11)   Practice sessions or performances by marching bands;
      (12)   Emergency work, as defined in § 90.01; and
      (13)   Those places of business found to be in violation of this limit shall be subject to the penalties in § 90.99.
(Ord. 327, passed 9-16-2003)