9.08.060 Exemptions.

          The following activities shall be exempt from the provisions of this chapter:

          a.   Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, “emergency” means a condition that constitutes an immediate threat to public safety, health or welfare or to property.

          b.   Warning Devices. Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns.

          c.   Outdoor Activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds, including but not limited to school athletic and school entertainment events.

          d.   Construction and Commercial Tree Removal or Trimming Services – Special Circumstances. The provisions of Section 9.08.050 do not apply to any person who performs construction, repair, earthmoving work, excavation or commercial tree trimming and removal services if and to the extent that the City Manager has given express prior written permission to perform such work at times prohibited in Section 9.08.050. In order to be given such permission, the person must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant or conditionally grant such permission if the City Manager, City Engineer, Code Enforcement Officer or Building Official has found that:

                1.   The work proposed to be done is necessary to protect or promote public safety or welfare or is otherwise in the public interest; or

                2.   Hardship, including, but not limited to, unreasonable delay due to weather, acts of God or labor strikes, would result from the interruption thereof during the hours and days specified in Section 9.08.060; or

                3.   The building or structure involved is devoted or intended to be devoted to a use immediately incidental to public defense.

          Any applicant dissatisfied with the decision of the City Manager may appeal to the City Council by filing a notice of appeal with the City Clerk within ten days after notice of the City Manager’s decision. The City Council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the City Manager.

          The provisions of Section 9.08.050 do not apply to the construction, repair, excavation, or commercial tree trimming and removal during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair, excavation, or commercial tree trimming and removal shall obtain a permit therefor within one business day of such construction, repair, excavation, or commercial tree trimming and removal.

          e.   Outdoor Gatherings, Public Dances, Shows and Sporting Events. Provided the events are conducted pursuant to a permit issued by the City Manager.

          f.    Mechanical Equipment. Properly maintained HVAC units, refrigeration units, pool/hot tub motors and exhaust fans required by the Los Angeles County Fire Code or the West Hollywood Building Code.

(Ord. 16-984 §§ 4, 5, 2016; Ord. 95-435 § 6, 1995; Ord. 85-21, 1985; prior code § 4305)