Ord 2024-012 - Municipal Code Amendments

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10:00 p.m. to 8:00 a.m. ................................................................55 decibels § 4-1-1120 EXEMPTIONS. The following activities shall be exempt from the provisions of this Title: (a) Emergency Work. The provisions of this title shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or in the performance of emergency work, and activities involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including, but not limited to, sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment. (b) Entertainment Events. The provisions of this Article shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events and occasional public and private outdoor or indoor gatherings, public dances, shows, bands, sporting and entertainment events conducted between the hours of 7:00 a.m. and 10:00 p.m., and special events for which a permit has been issued pursuant to Chapter 4-20 of this Title. (c) Federal or State Preempted Activities. The provisions of this Article shall not apply to any other activity the noise level of which is regulated by State or Federal law. (d) Maintenance to Residential Property. The provisions of this Article shall not apply to noise sources associated with maintenance to property used for residential purposes, provided the activities take place between the hours of 8:00 a.m. and 10:00 p.m. (e) Public Health, Welfare and Safety Activities. The provisions of this Article shall not apply to construction maintenance and repair operations conducted by public agencies, franchisees of the City and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety, including, but not limited to, trash collection, street sweeping, tree removal, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, sidewalks, etc. § 4-1-1125 EXCEPTIONS. If an applicant can show to the City Manager or his/her designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this Article would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the City Manager or his/her designee may appeal to the City Council pursuant to Article 4 of Chapter 1-12 of this Code. § 4-1-1130 ENFORCEMENT. Any violations of the provisions of this Article are expressly deemed and declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1-12 of this Code.