Article VI — EXCEPTIONS AND EXEMPTIONS

The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or to the emission of sound in the performance of emergency work. (Ord. 872, § 2 (part), 2011)

The following activities shall be exempt from the provisions of this chapter: (A) Agricultural uses, provided such operations are carried out in a manner consistent with accepted industry standards; (B) Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school; (C) Noise sources associated with a lawful commercial or industrial activity caused by mechanical devices or equipment, including air conditioning or refrigeration systems;

(D) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted in accordance with the terms and conditions of a conditional use permit issued by the county, that has a specific noise limitation expressed in dBA attached to it; (E) Refuse collection vehicles; (F) Safety signals, warning devices, emergency vehicle sirens; (G) School bands, school athletic and school entertainment events; (H) Temporary construction, demolition or maintenance of structures between the hours of 7:00 a.m. and 7:00 p.m., except Sundays and federal holidays; (I) The discharge of firearms consistent with all state laws; (J) The use of off-highway vehicles for the use of an agricultural operation; (K) Yard maintenance equipment operated between the hours of 7:00 a.m. and 7:00 p.m.; (L) Unamplified human voice; (M) Interstate railroad locomotive and cars; (N) Facilities owned or operated by or for a governmental agency; (O) Capital improvement projects of a governmental agency; (P) The maintenance or repair of public properties; (Q) Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel; (R) Other uses as set forth by a resolution of the Board of Supervisors or as conditions of approval by the Planning Commission or Board of Supervisors; (S) Any use approved by the County of San Benito prior to the effective date of this chapter if the use is subject to a specific noise restriction imposed by the county; and (T) Any use for which an exemption is granted by the Planning Director, Planning Commission or the Board of Supervisors pursuant to Article VII of this chapter. (Ord. 872, § 2 (part), 2011)

To the extent that the requirements of this chapter conflict with any specific noise limits set forth in a conditional use permit, or conditions of approval thereto, the conditional use permit and its conditions of approval shall control. Notwithstanding the above, if a conditional use permit, or amendment thereto, is approved after the effective date of this chapter, the conditional use permit may determine that a higher maximum sound level may apply to the specific use being approved. (Ord. 872, § 2 (part), 2011)