§ 4-10.7. Special Provisions (Exceptions).

a.

Emergency Exception . The provisions of this section shall not apply to:

1.

The emission of sound for the purpose of alerting persons to the existence of an emergency; or

2.

The emission of sound in the performance of emergency work.

b.

Warning Devices . Warning devices, necessary for the protection of public safety as, for example, police, fire, and ambulance sirens shall be exempted from the provisions of this section.

c.

Federal or State Preempted Activities . The provisions of this section shall not apply to any other activity to the extent regulation thereof has been preempted by State or Federal law.

d.

Public Health, Welfare and Safety Activities . The provisions of this section shall not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety, including, but not limited to street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, sidewalks, etc.

e.

Construction . The provisions of this section shall not apply to noise sources associated with construction provided the activities take place between the hours of 7:00 a.m. to 7:00 p.m. Monday through Fridays or 8:00 a.m. to 5:00 p.m. on Saturdays.

f.

Maintenance of Residential Property . The provisions of this section shall not apply to noise sources associated with the maintenance of residential property provided the activities take place between the hours of 7:00 a.m. and 9:00 p.m. on any day except Saturday or Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Saturday or Sunday.

g.

Application . This section shall not apply where noise requirements are specified by other chapters of the Municipal Code.

h.

Proviso . Notwithstanding the provisions of paragraph d. through f. above no exceptions to the provisions of this section shall apply to activities specified in the sections where equipment used for those activities, including mufflers, is not maintained in the condition for which it was designed or intended and thereby unnecessarily increases noise levels so as to cause a noise disturbance or exceed the standards set forth in subsection 4-10.4 of this section.

i.

City Parks . The provisions of this Chapter shall not apply to recreational programs or activities conducted within City parks between the hours of 9:00 a.m. and 10:15 p.m.

j.

Refuse and Garbage Collection . The provisions of subsections 4-10.4, 4-10.6, 4-10.8, 4-10.9 and 4-10.11 and paragraph 7 of this subsection shall not apply to noise sources associated with the collection of refuse and garbage by a City of Alameda authorized scavenger as defined by Section 21-1 of the Municipal Code provided that said activities do not take place between the hours of 10:00 p.m. and 5:30 a.m. and that the authorized scavenger shall promptly resolve any noise complaints associated with the collection of refuse or garbage to the satisfaction of the City Manager or his/her designated representative. The City Manager may require modifications to pick-up schedules, equipment used, or any other reasonable means deemed appropriate by the City Manager to resolve the noise complaints, including changing the 5:30 a.m. time to a later time up to 7:00 a.m. for any portion of the City.

(Ord. No. 2177 N.S.; Ord. No. 2232 N.S.; Ord. No. 2555 N.S. § 1; Ord. No. 2712 N.S. § 2)