The provisions of this chapter shall not apply to the following exceptions:
A.
The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B.
Public health or safety is involved, emergency work to
provide electricity, water or other public utilities, to make emergency repairs
to public roadways or bridges.
C.
Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
D.
Animal sounds emitted from public zoos.
E.
Licensed game-hunting activities and target shooting
on property where such activities are authorized.
F.
Devices used at places of religious worship in conjunction
with religious services.
G.
The testing or sounding of emergency signaling devices
when in compliance with the following performance standards:
(1)
Testing of a stationary emergency signaling device shall
occur at the same time of day each time such a test is performed, but not
before 8:00 a.m. or after 6:00 p.m. Any such testing shall use only the minimum
cycle test time. In no case shall such test time exceed 60 seconds.
(2)
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in Subsection G(1) shall not apply to such complete system testing.
(3)
Sounding or permitting the sounding of any exterior burglar
or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically
terminated within five minutes of activation.
H.
The unamplified human voice.
I.
Permitted use of explosive devices.
J.
Agricultural activities.
K.
Sound generated at a lawfully scheduled stadium or sporting
event.
L.
Sound generated by a parade and spectators and participants
on the parade route during a lawful parade.
M.
Sound generated by a pyrotechnic display that was inspected
and approved by the Fire Marshal.
N.
An activity emitting proscribed sound levels where a
variance has been issued and the issuee is in compliance with all the conditions
contained in the variance.
A.
The NCO shall have the authority, consistent with this
section, to grant variances that may be requested at any time before or after
the issuance of a citation.
B.
Any person seeking a variance pursuant to this section
shall file an application with the NCO. The application shall contain information
which demonstrates that bringing the source of sound or activity for which
the variance is sought into compliance with this chapter would constitute
an unreasonable hardship on the applicant, on the community, or on other persons.
Any individual who claims to be adversely affected by allowance of the variance
may file a statement with the NCO containing any information to support his
claim.
C.
In determining whether to grant or deny the application,
the NCO shall balance the hardship to the applicant, the community, and other
persons of not granting the variance against the adverse impact on the health,
safety, and welfare of persons affected, the adverse impact on property affected,
and any other adverse impacts of granting the variance. Applicants for variances
and persons contesting variances may be required to submit any information
the NCO may reasonably require. In granting or denying a contested application,
the NCO shall place on public file a copy of the decision and the reasons
for denying or granting the variance.
D.
Variances shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the permitted
sound production. The variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of the variance
shall terminate it and will subject the person holding it to those provisions
of this chapter regulating the source of sound or activity for which the variance
was granted, including enforcement actions as though permission had never
been granted.
E.
Application for extension of time limit specified in
variances or for modification of other substantial conditions shall be treated
like applications for initial variances and consideration for changed circumstances
is assumed.
F.
Variances may be granted for any amount of time up to
one year in duration, such duration dependent on the facts and circumstances
of the situation.
G.
The Lower Frederick Board of Supervisors may issue guidelines
by resolution defining the procedures to be followed and the permits to be
used in applying for a variance and the criteria to be considered in deciding
whether to grant a variance consistent with this chapter.
Appeals shall be made to the appropriate court of law.
