Sec. 34-31. - Exclusions.

The following activities shall be exempted from this article:

(1)

Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college.

(2)

Outdoor gatherings, public dances, shows and sporting and entertaining events, provided such events are conducted pursuant to a license and/or permit issued by the city pursuant to article III of chapter 22 of this Code relative to the staging of such events.

(3)

Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity.

(4)

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

(5)

Noise sources associated with construction, repair, remodeling or grading of any real property are allowed up to 70 dB measured at the property line, provided such activities do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 8:00 a.m. on Saturdays, or at any time on Sundays or on federal holidays.

(6)

Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. and 6:00 p.m. on any day except Saturdays, Sundays, or on federal holidays, or between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or on federal holidays.

(7)

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

(8)

Activities of the federal, state or local government and its duly franchised utilities.

(9)

Trains operated in conformity with and regulated by any federal or state agency.

(10)

Activities necessary to continue to provide utility services to the general public, whether this service is installing additional facilities, restoring worn or damaged facilities and/or maintaining existing services.

(Code 1957, § 14.6; Ord. No. 1512, § 1, 11-1-1999; Ord. No. 1593, § 11, 1-19-2010)