(A) It is hereby declared to be a public nuisance and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device, in violation of the decibel levels set forth in Table 1 of Apache Junction City Code, Vol. I, Chapter 11: Noise.
(B) It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.
(C) It is hereby declared to be a public nuisance and is unlawful for any person, firm or corporation to engage in construction activities as delineated below, within the corporate limits of the city, during the prohibited times set forth in division (D) below, when those activities result in the generation of mechanically or electrically created noise that can be heard by a person with normal hearing within a residential building, the windows of which are closed, if the building is located within 500 feet of the construction site.
CONSTRUCTION ACTIVITIES include, but are not limited to, the following:
(1) The making of an excavation, clearing of surface land and loading or unloading material, equipment or supplies; and
(2) The operation of mechanically powered tools, including but not limited to, a cement mixer, pole driver, power shovel, pneumatic hammer, derrick or power hoist.
(D) The prohibited time periods for construction activity are as follows:
(1) Before 5:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday from April 15 to October 15;
(2) Before 6:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday during the remainder of the year; and
(3) Before 7:00 a.m. Arizona State Time and after 5:00 p.m. Arizona State Time on Saturdays and Sundays throughout the year and holidays recognized by the city.
(E) The following activities shall be excluded from such prohibition:
(1) Noise generated by work being performed by a resident of a building or structure, which may continue until 9:00 p.m., but may not begin earlier than the times set forth in division (D) above; and
(2) Noise resulting from an emergency, including but not limited to, repair of roofs, windows, doors and electrical, plumbing and mechanical equipment. An
EMERGENCY means any situation where work must be performed in order to prevent serious physical injury to persons or property.
(F) The construction activities noted in division (E)(2) above may be conducted at prohibited times, if upon written application, a permit is obtained before the activities commence, from the City Manager or a designee. The written application must contain information which demonstrated that the need to engage in the activity is an urgent necessity, and barring the activity would constitute an unreasonable hardship on the applicant.
(1) If the City Manager or a designee determines that granting of the permit would impair the public health, safety and welfare, the permit shall be denied. If determined otherwise, the permit shall be granted and the construction activity allowed to take place during any or all of the prohibited hours.
(2) In determining whether to grant the permit, the City Manager or a designee shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons most likely affected, the adverse impact on the property affected and any other adverse effects of granting the permit.
(3) Permits shall be granted by giving written notice to the applicant with any necessary conditions, including a time limit on the permitted activity, which in no case shall exceed 30 days. The permit shall not become effective until all conditions are communicated in writing, understood and agreed upon by the applicant. Noncompliance with any condition in the permit shall be grounds for revocation of the permit. An applicant may appeal the refusal to issue a permit or the revocation of a permit to the Council, who has the final authority to grant, refuse or revoke a permit.
(G) Violation of any provision of divisions (C) through (F) above is a misdemeanor and is punishable pursuant to Vol. I, § 1-1-11.
(Prior Code, § 10-1-12) (Am. Ord. 1493, passed 8-18-2020) Penalty, see Vol. I, § 1-1-11