§ 41A-9. Exemptions.  


Latest version.
  • The following activities shall be exempted from the provisions of this chapter:

    (a)

    School bands, school athletic and school entertainment events between the hours of 7 a.m. to 10 p.m.;

    (b)

    Temporary activities such as Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a license or permit by the County, between the hours of 7 a.m. to 10 p.m. unless otherwise set forth in the license or permit;

    (c)

    Uses permitted in the Sports and Entertainment (SE) zone and Recreation Commercial Overlay (-REC) zone between the hours of 7 a.m. to 10 p.m.;

    (d)

    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 between the hours of 7 a.m. to 10 p.m.;

    (e)

    Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work;

    (f)

    Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours:

    • Sunset to sunrise on weekdays and non-holidays;

    • Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays;

    • Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and,

    • Sunday after the hour of 6:00 p.m.

    Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;

    (g)

    Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses;

    (h)

    All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;

    (i)

    Noise sources associated with maintenance of residential area property, provided said activities take place between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;

    (j)

    Any activity, to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;

    (k)

    Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States;

    (l)

    Private recreational activities (including off-road vehicle operation and gunfire occurring while hunting or target practice consistent with all State laws on private property) taking place during daytime hours (9:00 am to sunset) that does not exceed an L eq of sixty-five (65) dBA when measured at any point on the property line over any thirty (30) minute period.

(Ord. No. 4053, § 1, 3-26-13)