§ 14-66. Exceptions.

(a)

Hours for construction activity. No construction activity shall take place before the hours of 7:00 a.m. and after the hours of 9:00 p.m. Construction activity shall include, but is not limited to, the following activities; hammering, nail guns, sawing, sanding, pressure-washing, generators and air compressors for construction use, dump trucks and earth moving equipment, and any other noise-producing construction-related activity that is determined to be a nuisance.

(1)

Exception #1: After declared natural disasters such as hurricanes, floods, fires, etc., the necessity to make repairs is of great need to all residents. There will be a stated time period for these repairs to be made in which the above requirement shall not apply.

(2)

Exception #2: Work performed by the town, state or federal government, utility companies and designated independent contractors necessary to make repairs to vital infrastructure facilities (such as water, sewer, streets, power and etc.) shall not be subject to the above requirement. Work performed by the town, state, federal government or designated independent contractor to beach restoration, dune restoration, dredging or any similar activity approved by town hall shall not be subject to the above requirement.

(3)

Exception # 3: Town officials may grant specific permission and waive restriction for hours of construction activity to allow private contractors to perform emergency repairs or take mitigating action to secure property from additional damage.

Noises of safety signals, warning devices, emergency pressure relief valves, and all church bells.

(b)

Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency.

(c)

Sound at street fairs conducted by or for the Town of Oak Island.

(d)

All noises coming from normal operation of motor vehicles properly equipped with the manufacturer's standard mufflers and noise-reducing equipment.

(e)

Noise from town-sanctioned lawful fireworks and noisemakers on holidays and at religious ceremonies.

(f)

Musical accompaniment or firearm discharge related to military ceremonies.

(g)

Emergency work necessary to maintain public safety, or to restore property to a safe condition following an accident or natural disaster, or to restore public utilities and infrastructure following an accident or natural disaster, or to protect persons or property from an imminent danger.

(h)

Noises resulting from the provision of government services necessary to maintain the public infrastructure.

(i)

Noises resulting from work performed by non-government agencies, provided that such work is necessary to maintain the public infrastructure, and that the work has been permitted or approved by the town.

(j)

Noises resulting from the provision of sanitation and recycling services.

(k)

Any other noise resulting from activities for which a permit allowing exemption from this article has been granted by the town. Regulation of noises emanating from operations under such permit shall be according to the conditions and limits stated on the permit.

(Amend. of 4-18-2017(1))