§ 26-30. Exemptions.

(a)

Bona fide agricultural activities, practices, tilling, orcharding, raising of livestock or poultry and farming, including, but not limited to, bona fide agricultural exhibitions and fairs open to the general public whether for an admission fee or otherwise, and the operation of equipment, machinery, tools, devices or apparatus in connection with such activities, practices, etc., are hereby expressly exempted from the provisions of this chapter.

(b)

The provisions of this chapter shall not apply to activities or uses permitted under the provisions of issued special use or conditional use permits in force and effect where the noises and sounds generated by such activities or uses are addressed and controlled by the provision of said conditional use permits. Before any special use or conditional use permit shall be issued concerning a use or activity creating or causing such a noise or noises as would cause such use or activity to be in violation of this chapter were it not for the provisions of said permit, the town council shall make a determination that the potential danger or disturbance to the community is outweighed by the benefit to the public interest by permitting such use or activity.

(c)

The provisions of this chapter shall not apply to activities or uses conducted in industrial or commercial zoned districts or in areas in connection with bona fide commercial, industrial or business activities, provided that the use or activity is in compliance with Chapter 50, Zoning, excluding, however, camping or other recreational activities, which shall not be exempt.

(d)

The provisions of this chapter shall not apply to law enforcement officer shooting ranges or other law enforcement officer training activities. The operation or use of a law enforcement officer shooting range by any person shall not be the subject of a violation of this chapter, provided that the police shooting range is operated with the permission of the town council and chief of police. Formal or informal police training shooting includes the discharge of automatic weapons, provided they are properly licensed for such use under existing state and federal laws (see Code of Virginia, § 18.2-295, as amended, and as defined in 26 U.S.C. 5845(b) or (f); grenades, cannons (whether powder-fired, carbide or compressed gas) or other like types of firearms and weaponry, unless such use is in conjunction with police officer training or is a recognized ceremonial or similar act by an organization such as a VFW post, or by special use permit.

(e)

The provisions of this chapter shall not apply to bona fide activities and events of farm wineries and/or breweries licensed in accordance with Title 4.1 of the Code of Virginia, as amended, from time to time, to market and sell their products, as long as such activities and events are usual and customary for farm wineries and licensed breweries throughout the commonwealth. However, this exemption shall not be applicable to use of outdoor amplified music arising from activities and events at such farm wineries or licensed breweries.

(f)

Any occurrence or set of circumstances involving actual or imminent physical injury, illness or property damage which requires immediate action.

(g)

Any work performed for the purpose of preventing or alleviating the physical injury, illness or property damage threatened or caused by an emergency.

(h)

Additional exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in section 26-28 of this chapter:

(1)

Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools.

(2)

Athletic contests and other officially sanctioned activities in school facilities.

(3)

Church bells, carillons, or calls to worship by other sound-producing devices.

(4)

Religious or political gatherings to the extent that those activities are protected by the First Amendment to the United States Constitution.

(5)

Public transportation, refuse collection and sanitation services.

(6)

Maintenance or use of any signal, warning device or sound amplifying device or the use of human voice to give warning of or instructions concerning any fire, explosion, riot, unlawful assembly, disaster or other public emergency or attack by the public enemy.

(i)

Additional special exemptions. The following activities or sources of noise shall be exempt from the prohibition set forth in section 26-28 of this chapter, during the hours of 7:00 a.m. and 9:00 p.m. only:

(1)

Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.

(2)

Gardening, lawn care, tree maintenance or removal, and other landscaping activities.

(Ord. of 3-24-2015)

(Ord. of 3-24-2015)