(A)   (1)   Public safety exceptions. The operation of authorized emergency vehicles, including without limitation police vehicles, fire vehicles, ambulances and city, county or state snowplowing vehicles, the use of sirens, warning devices, sound amplification devices or other equipment by public safety personnel in emergency situations, and the performance of any emergency work such as utility maintenance, and snow removal necessary to restore public service or eliminate a hazard are exempt from the requirements of this chapter.
      (2)   Public maintenance exceptions. The operation of authorized maintenance vehicles of the city, county or state, or of their authorized contractors, or of other equipment by such public maintenance personnel, or authorized contractors, is exempt from the requirements of this chapter.
      (3)   Private exceptions. It is recognized that under certain circumstances it would be impossible for a noise source to comply with the provisions of § 95.05 of this chapter due to economic or technological reasons. In cases such as this, an application for an exception may be made in writing to the City Administrator or his or her designee together with an application fee in an amount duly established by the City Council from time to time as set forth in Appendix A to Chapter 35 entitled “Fees and Charges.” The application shall contain the following pertinent information:
         (a)   Dates for exception requested;
         (b)   Location of particular noise source and times of operation;
         (c)   Equipment involved;
         (d)   Necessity for request of exception;
         (e)   Steps taken to minimize noise level from source; and
         (f)   Names of responsible persons.
      (4)   Notification. The city shall notify by mail all property owners within 350 feet of the source in question of the requested exception. Applications will be reviewed by the City Administrator, and a decision to approve or deny the exception will be made in writing to the responsible persons within 20 days of receipt.
(1992 Code, § 1082:25)
   (B)   The decision made by the City Administrator concerning the exception request may be appealed to the City Council within ten days after receiving the City Administrator’s written decision. The appeal shall be filed in writing with the City Administrator who shall schedule a hearing before the City Council as soon as possible. A written report shall accompany the request for appeal. The report shall contain pertinent information which would adequately justify the request for an exception.
(1992 Code, § 1082:30)
(Ord. 1382, passed 9-6-2005; Ord. 1554, passed 1-3-2017)