(a) Daytime Exceptions. Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet from the source under its most noisy condition of use shall be exempt from the provisions of sections 13A-3, 13A-4 and 13A-5 between the hours of seven a.m. and nine p.m. daily except Saturdays, Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m.

(b) Safety Devices. Aural warning devices which are required by law to protect the health, safety, and welfare of the community shall not produce a noise level more than three dB above the standard or minimum level as provided by state law.

(c) Construction and Alteration of Structures. Notwithstanding any other provision of this chapter, between the hours of seven a.m. and nine p.m. daily except Saturdays, Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m., construction, alteration or repair of structures shall be allowed if it meets at least one of the following noise limitations:

(1) No individual piece of equipment shall produce a noise level exceeding eighty-three dBA at a distance of twenty-five feet from the source. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible;

(2) The noise level at any point outside of the property plane of the project shall not exceed eighty-six dBA;

(3) The provisions of subdivisions (1) and (2) of this subsection shall not be applicable to impact tools and equipment, provided that on and after a date six months after the effective date of this chapter, such impact tools and equipment shall have intake and exhaust mufflers recommended by the manufacturers thereof and approved by the city’s director of public works as best accomplishing maximum noise attenuation, and that pavement breakers and jackhammers shall also be equipped with acoustically attenuating shields or shrouds recommended by the manufacturers thereof and approved by the city’s director of public works as best accomplishing maximum noise attenuation. In the absence of manufacturer’s recommendations, the director of public works may prescribe such means of accomplishing maximum noise attenuation as he may determine to be in the public interest.

(d) Emergencies and Emergency Vehicles. Emergencies and emergency vehicles are exempt from the provisions of this chapter.

(e) Outdoor Gathering’s and Entertainments. Except during the hours of ten p.m. to nine a.m. Sunday through Thursday nights, and twelve-thirty a.m. through nine a.m., Saturday and Sunday mornings, and any night preceding a holiday established as such by the state or city, the provisions of this chapter shall not apply to occasional outdoor gatherings, public or private dances, shows and sporting and entertainment events; provided, that the events are conducted by or pursuant to a permit or license issued by the city or other public entity relative to the staging of the events, and provided further that in issuing any such permit or license the city or other public entity shall be empowered to impose as conditions upon the issuance of such a permit or license such conditions as may be necessary to effectuate the intent of this chapter and to prevent the conduct of a public nuisance or violation of section, and all applicable conditions imposed upon the permittee or licensee are strictly adhered to by such permittee or licensee. Any such conditions imposed pursuant to the authority of this subsection (e) shall not be more restrictive than the requirements for issuance of a registration statement or comparable activities not eligible for exemption under this subsection.

(f) Power Tools. The operation of power tools for noncommercial purposes shall be exempt from the provisions of sections 13A-3, 13A-4 and 13A-5 between the hours of nine a.m. and eight p.m.; provided, that such operations shall be subject to the provisions of section 13A-8. For the purpose of this subsection, a noncommercial use shall be any use for which a business license is not required pursuant to Chapter 12 of this Code. (Ord. No. 1380, § 6.)