9.12.090 Special provisions (exemptions).
A. Emergency Exemption. The provisions of this chapter shall not apply to: (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emergency work.
B. Warning Devices. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.
C. Outdoor Activities. The provisions of this chapter shall not apply to outdoor gatherings, public dances, shows and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of the events.
D. Exemptions from Exterior Noise Standards. The provisions of Section 9.12.060 of this chapter shall not apply to activities covered by the following sections:
1. Section 9.12.050(B)(3), Street Sales;
2. Section 9.12.050(B)(6), Construction/Demolition;
3. Section 9.12.050(B)(10), Domestic Power Tools, Machinery;
4. Section 9.12.050(B)(11), Residential Air-Conditioning or Air-Handling Equipment;
5. Section 9.12.080(A), Refuse Collection Vehicles.
E. Agricultural Operations. All mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural property unless, if in the vicinity of residential land uses, in which case an exception permit is required (Section 9.12.100 of this chapter) to operate noise producing devices, with the following stipulations:
1. Operations do not take place between eight p.m. and six-thirty a.m.; or
2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or
3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the noise control officer; or
4. Such devices utilized for pest control which incorporate stationary or mobile noise sources (electromechanical bird scare devices, etc.) are operated only by permit issued by the noise control office(r). The allowable hours and days for operation of these devices will be specified in the permit.
5. All equipment and machinery powered by internal combustion engines shall be equipped with a proper muffler and air intake silencer in good working order.
F. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter.
G. Preexisting Noise Sources. Those commercial and/or industrial operations in existence prior to the date of adoption of this chapter, if in compliance with local zoning statutes, shall be granted a two year period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the two year period, it can be shown that compliance with the provisions in this chapter constitutes a hardship in terms of technical and economic feasibility, an exception may be granted on an annual basis until such time as compliance may be effected. No more than three exceptions will be allowed on a specific project. (Ord. 1032 § 2 (part), 1985)