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(1) Activities for which the regulation of noise has <br />been preempted by federal law. <br />. (2) The emission of sound for the purpose of alerting <br />persons to the existence of an emergency, or the emission of <br />sound in the performance of emergency work. <br />(3) Religious or political gatherings and other <br />activities protected by the First Amendment to the United States <br />Constitution. <br />(4) Natural sounds made by animals, chickens, roosters <br />and other fowl. (Prohibitions against barking and howling dogs <br />are found in Section 14-4 of the Code of the City of Charlottes- <br />ville.) <br />(5) Emergency generators operated by health care <br />facilities. <br />Sec. 16.2-6. Administration and enforcement. <br />The noise control program established by this chapter shall <br />be enforced and administered by the police department with the <br />assistance of other city departments as required. No person <br />shall be charged with a violation of the provisions of Section <br />16.2-3 unless the complainant shall appear before a magistrate <br />and make complaint thereof and request a summons or warrant to <br />be issued charging such violation in the manner provided by law; <br />• provided that, when a violation is committed in the presence of <br />a police officer, he or she may proceed to issue a summons. <br />Sec. 16.2-7. Penalties and violations. <br />(a) Any person who violates any provision of this chapter <br />shall be deemed guilty of a class III misdemeanor. <br />(b) Each day of violation of any provision of this chapter <br />shall constitute a separate offense. <br />(c) The person creating, causing to be created, operating <br />or controlling a noise source shall be guilty of any violation <br />caused by that source. <br />Approved by Council <br />September 26, 1988 <br />fAM�L� <br />erk of Council <br />• 88-7-37 <br />4 <br />