§ 23.06.042. Exceptions to Noise Standards.

The standards of Sections 23.06.044—23.06.050 are not applicable to noise from the following sources:

a.

Activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events;

b.

The use of any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work to protect life or property;

c.

Safety signals, warning devices, and emergency pressure relief valves;

d.

Noise sources associated with construction, provided such activities do not take place before seven a.m. or after nine p.m. any day except Saturday or Sunday, or before eight a.m. or after five p.m. on Saturday or Sunday;

e.

Noise sources associated with the maintenance of a residential use as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, provided that such activities take place between the hours of seven a.m. and nine p.m.;

f.

Noise sources associated with agricultural land uses as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, including but not limited to wind machines used for direct climate control, water well pumps and pest-repelling devices, provided that such pest-repelling devices are used in accordance with accepted standards and practices;

g.

Noise sources associated with a lawful use which is other than a residential use as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of this chapter; this exemption shall expire one year after the effective date of this chapter;

h.

Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;

i.

Noise sources associated with the collection of waste or garbage from property devoted to other than residential uses listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan.

j.

Traffic on public roadways, railroad line operations, aircraft in flight, and any other activity to the extent regulation thereof has been preempted by state or federal law.

[Amended 1992, Ord. 2546; 1993, Ord. 2591; 1995, Ord. 2715]