Part 5 — EXEMPTIONS

The following activities set out in this chapter shall be exempted from the provisions of this chapter:

A.

Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or 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;

C.

Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events;

D.

Exemption from Exterior Noise Standards. The following activities are exclusively regulated by the prohibitions of Part 4 of this chapter:

1.

Construction,

2.

Stationary nonemergency signaling devices,

3.

Emergency signaling devices,

4.

Refuse collection vehicles,

5.

Residential air-conditioning or refrigeration equipment,

6.

Forced-air blowers;

E.

Motion Picture Production and Related Activities;

F.

Railroad Activities. All locomotives and rail cars operated by any railroad which is regulated by the California Public Utilities Commission;

G.

Federal or State Preexempted Activities. Any activity, to the extent regulation thereof has been preempted by state or federal law;

H.

Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations which may occur on private real property deemed necessary to serve the best interest of the public and to protect the public's health and well being, including but not limited to street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, snow removal, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, sewers, etc.;

I.

Motor Vehicles on Private Right-of-way and Private Property. Except as provided in Section 12.08.550, all legal vehicles of transportation operating in a legal manner in accordance with local, state and federal vehicle-noise regulations within the public right-of-way or air space, or on private property;

J.

Seismic Surveys Authorized by the State Land Commission;

K.

Agricultural Operations. All mechanical devices, apparatus or equivalent associated with agricultural operations conducted on agricultural property, unless if in the vicinity of residential land uses, in which case a variance permit is required to operate noise-producing devices, with the following stipulations:

1.

Operations do not take place between 8:00 p.m. and 6:00 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 county agricultural commissioner,

4.

Such devices utilized for pest control which incorporate stationary or mobile noise sources (electromechanical birdscare devices, etc.) are operated only by permit issued by the health officer. 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;

L.

Minor Maintenance to Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided said activities take place as follows:

1.

During Pacific Standard Time between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday, when such activities may take place between the hours of 9:00 a.m. and 6:00 p.m., and

2.

During Daylight Savings Time between the hours of 8:00 a.m. and 7:00 p.m. on any day except Sunday, when such activities may take place between the hours of 9:00 a.m. and 6:00 p.m.;

(Ord. 2023-0004 § 1, 2023; Ord. 97-0007 § 1, 1997; Ord. 11778 § 2(Art. 6 § 601), 1978; Ord. 11773 § 2 (Art. 6 § 601), 1978.)