§ 28-153. Exemptions and affirmative defenses.

The following sounds are exempt from the provisions of this article and shall be affirmative defenses to any offense established in this article:

(1)

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

(2)

The sound was produced by an authorized emergency vehicle.

(3)

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)

The sound was generated at a lawfully scheduled stadium event.

(5)

The sound was generated by a parade and spectators and participants on the parade route during a permitted parade.

(6)

The sound was generated by spectators and participants at a lawfully scheduled amphitheater event.

(7)

The sound was generated by spectators and participants of any outdoor event, fun run, race, festival, or concert which was sponsored, co-sponsored, or permitted by the town or another governmental entity, as defined by V.T.C.A., Local Government Code § 271.021 as it may be amended from time to time.

(8)

The sound was produced by the erection, excavation, construction, demolition, alteration, or repair work, or the permitted or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or structure, or the operation or the permitting or causing the operation of any tools or equipment used in any the activity conducted between the hours of 7:00 a.m. and 10:00 p.m. and which activity did not produce a sound exceed eighty-five (85) dB(A) when measured from the nearest residential property where the sound is being received.

(9)

The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.

(10)

The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 8:00 p.m. and which device did not produce a sound exceed eighty-five (85) dB(A) when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used.

(Ord. No. 185, § 6, 5-20-2003)