East Palo Alto Municipal Code Art. VI Special Provisions

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

A. School bands, school athletic and school entertainment events;

B. Outdoor gatherings, public dances, shows and sporting and entertainment events providing such events are conducted pursuant to all city regulations;

C. Activities conducted in parks, public playgrounds and school grounds provided such parks, playgrounds and school grounds are owned and operated by a public entity;

D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

E. Noise sources associated with demolition, construction, repair, remodeling or grading of any real property, provided such activities do not take place between the hours of eight p.m. and seven a.m.;

F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

G. Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of eight p.m. and seven a.m.;

H. Mobile noise sources associated with agricultural pest control through pesticide application provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner;

I. Noise sources associated with the maintenance of real property used for residential purposes provided such activities take place between the hours of seven a.m. and eight p.m.;

J. Any activity to the extent regulation thereof has been preempted by state or federal law.

(Prior code § 5-7.601)

A. Any industrial or commercial facility in existence prior to the effective date of this chapter shall be allowed a three-year period commencing on such date within which to comply with this chapter.

B. During such three-year period all such facilities shall make reasonable efforts to be in compliance and to reduce noise which exceeds the standards specified in this chapter. Commencing at the end of three years after the effective date of this chapter, any such facility shall be subject to all applicable requirements of this chapter.

C. Any facility which is not in compliance by the end of such three-year period may apply for a variance pursuant to Article VII of this chapter.

D. This section applies only to a commercial or industrial facility already in existence or for which the work of improvement had commenced prior to the effective date of this chapter.

(Prior code § 5-7.602)

During the three-year period following the effective date of this chapter, the noise standards enumerated in Section 8.52.320 and Section 8.52.330 shall be increased by eight dBA where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this chapter.

(Prior code § 5-7.603)