9.54.060 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events.
B. Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a license or permit by the City.
C. Activities conducted in parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school.
D. Any mechanical device, apparatus, machinery, equipment, portable generator or manpower related to or connected with an emergency response or emergency work as defined in Larkspur Municipal Code Section 9.54.010.
E. A stationary generator as defined in Larkspur Municipal Code Section 9.54.010, installed and used during emergencies or utility power outages as defined in Larkspur Municipal Code Section 9.54.010, or for routine testing and maintenance as defined in Larkspur Municipal Code 9.54.010.
F. The sounding of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device for emergency purposes or for their testing.
G. Devices used in conjunction with places of religious worship, such as bells, carillons, chimes and the like.
H. Noise sources exceeding the prescribed standards that are associated with construction, repair, remodeling, demolition, or paving of any real property, including noise from vehicles and equipment associated with these activities, occurring during the following time periods, except as otherwise provided in subsection (H)(3) of this section:
Monday – Friday (excluding holidays) | Seven a.m. to six p.m. |
Saturday (excluding holidays) | Nine a.m. to five p.m. |
Sunday/holidays | No exemption from prescribed standards |
1. This exemption is granted on the condition that all powered construction equipment is equipped with intake and exhaust mufflers recommended by the manufacturers thereof; pavement breakers and jackhammers shall also be equipped with acoustical attenuating shields or shrouds recommended by the manufacturers thereof.
2. In lieu of or in the absence of manufacturers’ recommendations, the Public Works Director and/or Community Development Director or their designee shall have the authority to prescribe such means of accomplishing maximum noise attenuation as deemed necessary in the public interest, considering the available technology and economic feasibility.
3. The Community Development Director or their designee may grant exceptions to the time limitations for work performed on private property for:
a. Resolution of unforeseen or unavoidable conditions occurring during a construction project and the nature of the project necessitates that work in progress be continued until a specific phase is completed.
b. Work that the Planning Commission, City Council or Community Development Director have determined should occur during certain hours because of special considerations, including, but not limited to, the existence of public safety concerns if the work was performed during daytime hours.
c. When sufficient cause has been demonstrated to the Community Development Director, for reasons other than those listed above.
4. The Public Works Director or their designee may grant exceptions to the time limitations for work performed on public facilities and/or within the public right-of-way for:
a. Construction projects of City, County, State, other public agency, or other public utility.
b. When sufficient cause has been demonstrated to the Public Works Director, for reasons other than those listed above.
5. Requests for an exception permit from the time limitations as established in subsections (H)(3) and (H)(4) of this section are subject to the following requirements and procedures:
a. Payment of a fee in the amount set by resolution of the City Council. This fee may be waived for emergency work.
b. A written description of the request. The written description shall include, but not necessarily be limited to:
i. Applicant’s name;
ii. Property owner’s name (if different);
iii. Location of proposed work;
iv. Type of work proposed, and reason for the exception request;
v. A description of all equipment and manpower required to perform such work.
c. Any additional documents as determined necessary, such as:
i. Site plan with work location identified;
ii. Reports by consulting professionals that provide factual information to support the need for an exception permit;
iii. Application for building permit(s), if proposed work is not associated with a previously issued permit;
iv. Application for encroachment permit for any work, staging or storage of materials in the public right-of-way, if proposed work is not associated with a previously issued permit.
d. Upon receipt of all required information, to the satisfaction of the Director of Public Works or Community Development Director, a determination for approval or denial shall be issued in writing. If approved, the Director may include conditions as determined necessary to protect the health, safety and welfare of residents and/or the general public, including requiring the applicant to provide notice to all properties within three hundred feet of the subject site/location no less than three days prior to beginning work. However, a longer noticing time period may be required by the Director if warranted by the scope of work and specific request. (Ord. 1062 § 14, 2022; Ord. 1048 § 2, 2020; Ord. 1030 § 2(7), 2018; Ord. 1010 § 1, 2016)