18-4. Exceptions

  1. The following uses and activities, among others, are not governed by and shall be exempt from the noise ordinance set forth in this chapter. It is expressly provided, however, that the following enumeration shall not be deemed or considered exclusive, and any activity that is not expressly prohibited as set forth in §18-3 shall be exempt from this chapter.
    1. Noise made by dogs while they are being lawfully used for hunting or taking wildlife, and noise made by dogs during the course of lawful training by hunters, pursuant to N.C.G.S. Chapter 113, Article 21.
    2. Noise associated with or resulting from the normal operations of any facility that is properly licensed by the North Carolina Department of Agriculture, Veterinary Division, as a boarding kennel, pet shop or dealer, in accordance with the North Carolina Animal Welfare Act (N.C.G.S.19A, Article 3), as may be amended, or from any animal shelter that is operated by Henderson County.
    3. Noise associated with any legal operations of any firearms club or association legally established.
    4. Noise caused by the discharge of firearms by law enforcement officers in the performance of their official duties or during the course of official firearms training.
    5. Noise resulting from farming operations, including but not limited to noises generated by machinery, equipment and farm animals.
    6. Noise associated with any event held in recognition of a community celebration of national, state or county events or public festivals.
    7. Noise associated with any public or private school activity or camp activity (defined as any function or activity approved by or generally associated with any recognized public or private camp for children accredited by an appropriate national camp association, but not including activities associated with campgrounds available to the public for overnight camping), except that it shall be unlawful for any person to use any unreasonably loud, disturbing, boisterous, raucous language or shouting in violent or offensive manner while attending such activities.
    8. Noise associated with the chimes or bells of businesses, schools, camps or religious institutions in the daytime hours, provided that they operate for no more than 10 minutes in any hour.
    9. Non-amplified crowd noise resulting from activities by student, government, camp or community groups.
    10. Noise associated with or resulting from operations of any construction, commercial, industrial or agricultural activities or operations, except for electronically amplified sound and acts prohibited by §18-3.
  2. If any exceptions stated in this chapter would limit obligation, limit liability or eliminate either an obligation or a liability, the person who would benefit from the application of the exception shall have the burden of proving that the exception applies and that the terms of the exception have been met.