Section 8.68.040 Excluded Sounds.

Any other provision of this section or other section of this chapter to the contrary notwithstanding, the term “noise disturbance,” as used in this chapter, does not mean or include the following sounds:

1. Use of sound amplification equipment by an employee of a governmental entity engaged in the employee’ s official duty.

2. Lawn and Garden Equipment. The sound emitted by motor-powered muffler-equipped lawn and garden equipment operated between the hours of 7:00 a.m. and 9:00 p.m.

3. Chain Saws. The sound emitted by motor-powered tree-trimming equipment operated between the hours of 7:00 a.m. and 9:00 p.m.

4. Snow Removal Equipment. The sound emitted by motor-powered, muffler-equipped snow removal equipment operated between the hours of 5:00 a.m. and 10:00 p.m., and the sound emitted by City-owned or hired snow removal equipment, at any time.

5. Emergencies. The sound emitted in the performance of emergency work or to alert persons to the existence of an emergency.

6. Alarms. The sound emitted by the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device for emergency purpose or for the essential testing of such device.

7. Church Bells. The sound emitted by church carillons, bells or chimes.

8. Automobile Radios. The sound emitted by an automobile or truck radio, tape deck or player or other such standard equipment used and intended for the use and enjoyment of such vehicle’ s occupants while such vehicle is on the public right-of-way, provided that the sound emitted there from is not audible for more than fifty (50) feet.

9. Certain Signaling Devices. The sound emitted by mobile radio or telephone signaling devices.

10. Religious Ceremonies. The sound emitted in conjunction with a religious celebration.

11. Law Enforcement. The sounds made or caused to be made by law enforcement and/or other public safety officials in the performance of their official duties.

12. Construction Noise. The sound emitted by construction work (erection, demolition, excavation, drilling, etc.) between the hours of 7:00 a.m. and 9:00 p.m., which is being performed pursuant to a proper and current building permit.

13. Mosquito Spraying Equipment. The sound made by the City-owned or hired mosquito spraying equipment.

14. Concrete Sawing. The sawing of concrete in connection with a City project as approved by the City Engineer.

15. Outdoor School and Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events, practices, contests, festivals, and fundraisers.

16. Noise resulting from lawful fireworks and noisemakers used for official purposes.

17. The City of Sioux City, including, but not limited to, Parks and Recreation Department sponsored activities with musical components.

18. Repairs, maintenance or excavations of bridges, streets or highways by or on behalf of the city, the state or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.

19. Noise resulting from a person at a stadium or ball-park during a sports event.

20. Noise resulting from a person operating an audible warning device on a vehicle or train as required by law.

21. Authorized parade or street events. If a permit has been issued for an authorized parade or street event, individual participants in the parade or street event are not required to obtain a separate permit. (Ord. 2007-0524)