§ 96.04  EXCEPTIONS.
   The following are exempt from the provisions of set forth in this chapter.
   (A)   Activities permitted by law for which a specific license or permit has been granted by the city, state or federal government; including, but not limited to, noise generated by and necessary for the conduct of public festivals, parades, special events, and celebrations of recognized federal, state and local holidays;
   (B)   Sound emanating from scheduled outdoor athletic events;
   (C)   Any bell or chime from any building clock, school, or church;
   (D)   Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation, provided that burglar alarms not terminating within 30 minutes after the responsible person has been notified shall be unlawful;
   (E)   Noise created as a result of or relating to an emergency;
   (F)   Warning devices required by OSHA or any local, county, state, or federal safety regulations;
   (G)   Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration;
   (H)   Noise resulting from the provision of sanitation services;
   (I)   The erection (including excavation), demolition, alteration, or repair of any building in a residential or business district Monday through Saturday;
   (J)   All noises coming from motor vehicles properly equipped with the manufacturer’s standard mufflers and noise reducing equipment;
   (K)   Noise from lawful fireworks and noise-makers on holidays;
   (L)   Lawn mowers and agricultural equipment used between the daylight hours of 7:00 a.m. and 8:00 p.m. when operated with all the manufacturer’s standard mufflers and noise-reducing equipment in use and operating properly;
   (M)   Sound amplification equipment used in conjunction with a telecommunications system on business properties to notify employees of that business of incoming phone calls, providing that this system be used only between the hours of 7:00 a.m. and 8:00 p.m. and that any speakers attached to the system be oriented toward the interior of the property;
   (N)   Sound emanating from regularly scheduled, outdoor athletic events held by the Recreation Department;
   (O)   Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the town in accordance with this chapter;
   (P)   Warning devices used by trains traveling through the town for safety precautions;
   (Q)   Noises resulting from the provision of government services;
   (R)   Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accord with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition; and construction operations from 7:00 a.m. until 9:00 p.m. on weekdays, 8:00 a.m. until 9:00 p.m. on Saturdays and Sundays, for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accordance with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition;
   (S)   Construction operations from 7:00 a.m. until 9:00 p.m. on weekdays, 8:00 a.m. until 9:00 p.m. on Saturdays and Sundays, for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accordance with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition;
   (T)   Emergency work made necessary to restore property to a safe condition; emergency work required to protect persons or property from danger or potential danger; or work by private or public utilities when restoring utility service;
   (U)   Any street construction activity performed by, or on behalf of, a government agency on streets, provided that all equipment is operated in accordance with the manufacturer’s specifications and is equipped with all legally required noise-reducing devices in proper operating condition. Blasting and pile driving on street projects are exempted under this exception only to the extent that they are carried on between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday;
   (V)   Unamplified and amplified sound at festivals, street fairs, or events conducted, sponsored or sanctioned by the town;
   (W)   Unamplified and amplified sound at community concerts, movies or other activities conducted, sponsored or sanctioned by the town; and
   (X)   Practice sessions or performances by marching bands.
(1992 Code, § 96.03)  (Ord. O-31-04089596, passed 4-8-1996; Ord. 01-O-22, passed 10-8-2001; Ord. 06-O-212, passed 3-13-2006; Ord. 06-O-246, passed 11-13-2006; Ord. 15-O-325, passed 1-12-2015; Ord. Ord. 18-O-103, passed 10-8-2018; Ord. 19-O-062, passed 6-10-2019)