The following activities shall be exempt from the provisions of this subchapter:
(A) Emergency exception. 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.
(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 and public or private school grounds including but not limited to school athletic and school entertainment events.
(D) Construction–special circumstances.
(1) The provisions of § 92.54(F) do not apply to any person who performs construction, repair, excavation or earthmoving work pursuant to the expressed written permission of the City Manager to perform such work at times prohibited in § 92.54(F). The applicant must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant written permission for the construction if he or she finds:
(a) The work proposed to be done is in the public interest;
(b) Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in § 92.54(F); or
(c) The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense.
(2) Any applicant dissatisfied with the decision of the City Manager may appeal to the City Commission by filing a notice of appeal with the City Clerk within ten (10) days after notice of the City Manager’s decision. The City council shall, within thirty (30) days of filing the appeal, affirm, reverse or modify the decision of the City Manager.
(3) The provisions of § 92.54(F) 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 division (D). The person doing such construction, repair or excavation shall obtain a permit therefor within one (1) business day of such construction, repair or excavation.
(E) Outdoor gatherings, festivals, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager.
(F) Church bells. Sounds created by church bells or chimes.
(G) Lawn mowers and yard equipment. Sounds created by lawn mowers, manual and power tools and household appliances in use between the hours of 8:00 a.m. and 8:00 p.m.
(H) Public utilities. Sounds created by public utilities in carrying out the operations of the city.
(Ord. 04-0- , passed - -; Am. Ord. 0-2011-017, passed 5-23-11)