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ORDINANCE 2013- 022 (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; (6) 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; (7) Noises resulting from an air conditioner, pool heater, and similar outdoor mechanical equipment that is properly located, or county -approved as a "quiet" low decibel model unit, or installed with a county -approved sound barrier or other county - approved noise -mitigating improvement as set forth in Section 911.15(2)(c) of Chapter 911, Zoning, and Section 912.07(1)(b)6. of Chapter 912, Single -Family Development. 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 #4: 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. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. Bold Underline: Additions to Ordinance 3 Strike dreu& Deleted Text from Existing Ordinance FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc