§ 54-87. Exemptions.

The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.B:

A.

Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment in use and in proper operating condition, and is operated in compliance with subsection 6.F hereof.

B.

Noises of safety signals, warning devices, and emergency pressure relief valves.

C.

Noises resulting from reasonable use of bells and chimes, such as those from churches.

D.

Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of Emergency.

E.

Noises resulting from Emergency Work.

F.

Noises resulting from equipment or operations incidental to the emergency repair or restoration of services such as public utilities or other Emergency activities in the public interest.

G.

Any other Noise resulting from activities of a temporary duration permitted by law and for which permission has been granted by the County Manager or designee in accordance with this Ordinance.

H.

Noises made by persons having obtained a permit to use the streets.

I.

All Noise coming from the normal operations of aircraft (not including scale model aircraft), including Noise from mosquito fogging aircraft, and from the normal operations of airports within the County.

J.

Motor vehicles used on public roadways, as defined in F.S. §§ 316.293(2)(a), (b) and (c).

K.

Ordinary noise created by the normal operation of railways.

L.

Operation of Equipment or conduct of activities normal to residential or agricultural communities such as lawn care, soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and tractors, street sweepers, mosquito fogging, tree trimming and limb chipping and other normal community operations, between the hours of 7:00 a.m. to 10:00 p.m.

M.

Exception for existing operations. An exception to the Sound Level limits contained in Section Six, Table I, shall be permitted where a commercial use or other non-residential use had in prior years established its place of business in an area away from a residential use, and through subsequent development or rezoning, now finds itself adjoining a Residential Zone. In these instances, the Sound Level limits in Table I pertaining to the previously existing zoning or use category shall apply, and the commercial use or other nonresidential use shall not be required to meet those Sound Level limits pertaining to residential zoning or use.

N.

The reasonable use of the unamplified human voice.

O.

Noise resulting from regular maintenance testing of standby emergency power generators, provided that any sound attenuation provided by the manufacturer is retained, and provided that the noise occurs between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, excluding holidays stated in subsection 6.F.2.a hereof. The frequency of maintenance testing and the duration of each test shall be no more frequent and not longer in duration than thirty (30) minutes once a week.

P.

Authorized School, Park or Playground Activities. Sounds emanating from any authorized playground or school sporting event, entertainment event, or authorized event at a public or private school, park, or playground, provided the sounds therefrom conform to the official authorization granted to conduct that event.

Q.

Raceway Facilities and Activities at the Immokalee Regional Airport. This Ordinance shall apply to the existing one-eighth mile drag strip at the Immokalee Regional Airport and shall continue to apply thereto unless and until different noise levels may be determined by means of the following permitting processes. This Ordinance does not establish any Sound Level standards that are to apply to any future racing facilities or activities hereafter located at the airport. If additional raceway facilities are authorized at that airport, the Sound Level standards that shall apply thereto shall be determined by and during the permitting processes that authorize such future facilities and/or activities. The Board shall have final approval authority of the applicable Sound Levels after public hearing thereon. Those new Sound Level standards shall then be applied equally to the one-eighth mile drag strip. Those new Sound Level standards can exceed, but shall not be stricter than, the Sound Level limits now specified in this Ordinance, and shall be determined by and during the permitting processes that authorize such future facilities and/or activities. Such standards shall be described in terms of A-weighted and C-weighted Sound Level testing under Table I, and there shall be no time averaging of any of those sounds. Notwithstanding any other then existing enforcement alternatives, those standards, once established, shall be enforceable by applying this Ordinance.

R.

Noise from Swamp Buggy events. Noise associated with allowable events emanating from the current location of the Swamp Buggy Recreation and Sports Park, including but not limited to, motor racing, tractor pulls, festivals and music concerts. Developers of parcels that adjoin the Swamp Buggy Recreation and Sports Park, or parcels that would otherwise be substantially affected by the noise generated by the Swamp Buggy Recreation and Sports Park, must provide both actual and recorded notice to all prospective residents within such properties of this exemption, in a form to be approved by the County.

S.

Noise associated with the discharge of firearms.

(Ord. No. 90-17, § 8; Ord. No. 93-77, § 5; Ord. No. 00-68, § 3; Ord. No. 07-61, § 3; Ord. No. 2008-68, § 6; Ord. No. 2010-16, § 1; Ord. No. 2011-33, § 1)