The following uses and activities shall be exempt from the provisions of this subchapter:
(A) Non-amplified crowd noises resulting from legal activities, between the hours of 6:00 a.m. and 10:00 p.m. in areas zoned for primarily residential use and the hours of 6:00 a.m. and 12:00 a.m. in areas zoned for commercial or mixed use;
(B) Construction operations for which building permits have been issued or construction operations for which a permit is not required, when the construction operations occur between 6:00 a.m. and 10:00 p.m., except on Sundays and holidays. In order to be exempt, all equipment used in such operations shall be operating with the manufacturer’s mufflers and noise reducing equipment in use and in proper operating conditions;
(C) Construction operations or other work occurring at any time when the work is necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service;
(D) Noises of safety signals, warning devices and emergency pressure relief valves;
(E) Noises resulting from any authorized emergency, fire or police vehicle when responding to an emergency call, acting in time of emergency or in connection with official Police or Fire Department business;
(F) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations and air traffic control and instructions and pursuant to and within the duly adopted federal air regulations. Any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control, or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations;
(G) All noises resulting from normal operations of railroad trains;
(H) Noises resulting from security alarms or other warning devices when properly installed; providing, the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;
(I) Noises resulting from municipal operations, including, but not limited to, street sweeping, snow plowing and trash collection, utilizing any mechanical equipment; and
(J) Any other noise resulting from activities of a temporary duration permitted by law and for which a permit has been granted by the city in accordance with § 130.37 of this chapter. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated in the permit.
(Ord. 921, passed 7-8-2011)