The following defenses shall apply to any offense established in this chapter:
(A) The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger or attempted crime;
(B) The sound was produced by an authorized emergency vehicle;
(C) The sound was produced by emergency works necessary to restore public utilities, or to restore property to safe condition, or to protect persons or property from imminent danger, following fire, accident or natural disaster; and
(D) The sound was generated:
(1) At a lawfully scheduled stadium event;
(2) By a parade and spectators and participants on the parade route during a permitted parade;
(3) By spectators and participants at any outdoor event, fun run, festival, Cowboy Homecoming event conducted in accordance with any ordinance relating to the Cowboy Homecoming, or concert which was sponsored, co-sponsored or permitted by the city;
(4) A governmental entity, as defined by Tex. Loc. Gov't Code § 271.021 as it may be amended from time to time;
(5) The sound was produced by the operation of any air-conditioning unit which did not produce a sound exceeding 65dB(A) or residential property or 75dB(A) on non-residential property, when measured at or near 15 feet from the air conditioning unit producing the sound being measured;
(6) The sound was generated as authorized under the terms of a permit issued under a city ordinance; or
(7) The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.
(Ord. 1257, passed 5-6-2004)