The following activities and noise sources shall be exempt from the provisions of this chapter:
A. The use of horns, sirens, or other signaling or warning devices by persons vested with legal authority to use the same, and in pursuit of their lawful duties, such as on ambulances, fire, police, or other governmental or official equipment.
B. Such noises as are an accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose, except where there is evidence that such noise is a nuisance and that such a nuisance is a result of the employment of unnecessary and injurious methods of operation.
C. Activities conducted on the grounds of any public or private school during regular hours of operation.
D. Outdoor gatherings, public dances, shows, and sporting and entertainment events provided said events are authorized by the City.
E. Activities conducted at public spaces during regular hours of operation.
F. Any mechanical devices, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, or work.
G. Construction, repair, or excavation necessary for the immediate preservation of life or property.
H. Construction, operation, maintenance, and repairs of equipment, apparatus, or facilities of park and recreation departments, public work projects, or essential public services and facilities, including, but not limited to, trash collection and those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
I. Construction, repair, or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures.
J. Any activity to the extent that regulation thereof has been preempted by State or Federal law.
K. Sounds generated in connection with speech or communication protected by the United States Constitution or the California Constitution, except to the extent such sounds are subject to permissible time, place, and manner restrictions.
(Ord. MC-1246, 5-23-07)