(a) This chapter does not apply to sounds emanating from the following sources or causes:
(1) aircraft and airport activity conducted in accordance with federal laws and regulations;
(2) authorized emergency vehicles;
(3) maintenance of public service facilities;
(4) law enforcement and public safety activities, including training;
(5) operation of a regulated utility;
(6) construction activities conducted pursuant to a building permit;
(7) collection of solid waste;
(8) projects conducted or supervised by the Department of Public works; and
(9) activities sponsored by or related to the operation of educational institutions on property owned or controlled by the institution.
(10) Carnival activities held in the Fort Christian parking lot on St. Thomas Festival activities held in the Festival Village at the lot adjacent to the Paul E. Joseph Stadium on St. Croix, and Celebration activities held in the Cruz Bay parking lot on St. John, subject to a 2:00 a.m. ending time and the imposition by the Commissioner or the Commissioner's designee of appropriate safeguards as necessary to mitigate the affects of the activity permitted.
(b) Any person desiring to operate a sound amplification device or otherwise engage in any activity that would violate this chapter shall apply to the Virgin Islands Department of Police for a special permit authorizing the activity.
(c) The Commissioner of Police may grant a temporary permit to a person desiring to engage in any activity that would violate this chapter after considering the following factors:
(1) the proximity of any residences or businesses that would be adversely affected by the noise emanating from the activity for which the permit is sought;
(2) the level of sound to be generated by the activity for which the permit is sought;
(3) whether the activity is normal for the area for which the permit is sought;
(4) the date and time the activity is to take place; and
(5) the nature of the sound to be produced, including whether the sound will be steady, intermittent, impulsive or repetitive.
(d) A special permit must be in writing and signed by the Commissioner or his designee and must set forth the name of the person to whom the permit is granted, the location of the activity, and the date and time for which the permit is effective. The Commissioner or his designee may impose appropriate conditions and safeguards as necessary to mitigate the affects of the activity permitted.
(e) This chapter does not apply to sounds emanating on the weekend, which shall include Friday, Saturday and Sunday, subject to a 3:00 a.m. ending on Friday and Saturday, and a 12:00 a.m. ending time on Sunday. If, however, the day after Sunday is a holiday, then sounds emanating on that Sunday shall be subject to a 3:00 a.m. ending time.