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ORDINANCE NO. .&Joe ~5'7 ~ PAGE 4 e Section 34-94. Amplified sound from motor vehicles The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of the limits set forth in Section 34-92, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this chapter, except as permitted by Section 34-97. Section 34-95. Defenses The following defenses shall apply to any offense established in this Chapter: 1. The emission of any sound 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. 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 produced by a commercial vehicle engaged in the collection of garbage and/or trash and said commercial vehicle is currently under contract with the City to provide garbage and/or trash collection services. 5. The sound was: a. at a lawfully scheduled stadium event~ b. by a parade and spectators and participants on the parade route during a permitted parade~ c. by spectators and participants at a lawfully scheduled amphitheater event; d. by patrons and participants using cannons and gunfire during historical battle reenactments for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal; e. by a pyrotechnic display that was inspected and approved by the fire marshal; f. by spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert which was sponsored, cosponsored, or permitted by the city, or g. any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution. 6. The sound was produced by the erection, excavation, construction, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in any such activity conducted during daytime hours and which activity did not produce a sound exceeding 80 Db(A) when measured from the nearest residential property where the sound is being received. 7. The sound was produced by an aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way. 8. The sound was produced operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,