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Ordinance 2009- 016 (15) Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. (16) Power generators It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual or automatic exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications. Part 2: Amend LDR Section 974.06, Exemptions, to read as follows: The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1) Noises of authorized safety signals and warning devices; (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation; (3) Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger; (4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control Board; (5) Noises incidental to the activities of bona fide agricultural operations; f Noises resulting from use of an emergency power generator during a power outage provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter. (6) (7) Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter. SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance Stfike tkreug}t Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF