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2009 Ordinances
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2009 Ordinances
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12/15/2009 3:59:24 PM
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<br />(i) That the sound level meter used to take the decibel level reading was <br />operated in accordance with the manufacturer's specifications; <br />(ii) That the city has on file a sworn report which states that the sound level <br />meter has been tested within the past twelve months and has been found to <br />be accurate; <br />(iii) The name of the accused; <br />(iv) The loca.tion of the noise; <br />(v) The date and time that the reading was made: <br />(vi) The zone in which the reading was made; and <br />(vii) The decibel level reading. <br /> <br />(4) Such certificate, when attested by the operator taking the decibel level <br />reading, shall be admissible in court in any criminal or civil proceeding as evidence of the <br />facts therein stated and of the decibel level reading. A copy of the certificate shall be <br />delivered to the accused upon request. <br /> <br />(f) Exceptions. This section shall not apply to: <br /> <br />(1) The operation of construction devices used in construction activities <br />between 7:00 a.m. and 8:00 p.m. <br /> <br />(2) The operation of lawn care maintenance equipment such as power <br />mowers, chain saws, and string trimmers, and vehicles for the removal of debris, garbage <br />or refuse with properly working mufflers between 7:00 a.m. and 8:00 p.m. <br /> <br />(3) The repair, maintenance or construction of federal, state, regional, or local <br />governmental facilities. <br /> <br />(4) Emergency work to repair equipment or facilities. <br /> <br />(5) The operation of railroad and railway equipment and vehicles. <br /> <br />(6) Sound generated by any emergency governmental function, including but <br />not limited to emergency vehicles. <br /> <br />(7) Recreational activities or events on publicly owned property, where <br />authorized by the City Manager or his designee. <br /> <br />(8) Sound generated by boats or ships in navigable waterways, or by aircraft. <br /> <br />(9) Duly permitted or authorized demolition activities. <br /> <br />(10) Churches engaged in religious activities. <br />
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