§ 34-88. Exemptions.
The following activities shall be exempted from this article:
(1)
School bands, school athletic and school entertainment events.
(2)
Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit issued by the city.
(3)
Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school.
(4)
Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work.
(5)
Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 6:00 a.m. on weekdays and Friday commencing at 8:00 p.m. through and including 7:00 a.m. on Saturday, Saturdays commencing at 8:00 p.m. through and including 7:00 a.m. on the next following Sunday, and on each Sunday after the hour of 8:00 p.m. However, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work after 8:00 p.m. and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner.
(6)
Noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 6:00 a.m.
(7)
Any mechanical device, apparatus or equipment which is utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control.
(8)
Noise sources associated with maintenance of residential area property, provided the activities take place between the hours of 6:00 a.m. and 8:00 p.m. on any day except Saturday or Sunday, or between the hours of 7:00 a.m. and 8:00 p.m. on Saturday or Sunday.
(9)
Any activity, to the extent provisions of 42 USC 65 and Public Utilities Code §§ 21661—21669.6 and 21670—21679.5 preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas; any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States; or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation.
(10)
Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States.
(Ord. No. 2015-011, § 1, 1-14-2016)