§ 16-22. Defenses and exemptions

The following defenses shall apply to violation of section 16-20:

(1) Emergency, danger. The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger or attempted crime.

(2) Emergency personnel and vehicles. The sound was produced by police or fire personnel or an authorized emergency vehicle.

(3) Utilities and protection. The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger following a fire, accident or natural disaster.

(4) Events and First Amendment. The sound was generated:

a. At a lawfully scheduled stadium event;

b. By a parade and spectators and participants on the parade route during a permitted parade;

c. By spectators and participants at lawfully scheduled outdoor events;

d. By spectators and participants of any outdoor event, fun run, race, festival or concert that was sponsored, co-sponsored or permitted by the city; or

e. At any lawful activity that constitutes protected expression pursuant to the First Amendment to the United States Constitution.

(5) Bells and chimes.

a. Church, school and clocks. The sound was produced by bells or chimes or any device used for the production or reproduction of the sounds of bells or chimes from any church when used as part of a religious observance or service, or from any clock or school, which is used during daytime hours, and which does not exceed five continuous minutes in duration in any one-hour period.

b. Ice cream vending machines. The sound was produced by bells or chimes or any device used for the production or reproduction of the sound of bells or chimes from any ice cream vending machine during daytime hours.

(6) Property maintenance. The sound was produced by operating or permitting the operation of any mechanically powered saw, chainsaw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used during daylight hours when the sound is being produced for the maintenance or upkeep of the property on which it is operated.

(7) Permitted sound. The sound was produced in accordance with a permit issued under section 16-24

(Ord. No. 582, § III(C), 2-28-2012)