509.09 NOISE.
   (a)   Definitions:
      (1)   “Completely enclosed structure” is a building that has no openings from the inside of the building to the outside. A building that has doors and windows that are completely closed or otherwise sealed is a completely enclosed structure.
      (2)   “Construction” includes any site preparation, assembly, erection, repair, alteration, or similar action, or demolition of buildings or structures.
      (3)   “Emergency work” is any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, and other utilities or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.
   (b)    Construction activity and vehicle, machinery, or other similar equipment repair outside of a completely enclosed structure is prohibited except between 7:00 a.m. and 7:30 p.m. Monday through Friday, between 9:00 a.m. and 7:30 p.m. on Saturday, and between 9:00 a.m. and 5:00 p.m. on Sunday on any land within a residential zoning district or within 300 feet of a residential zoning district.
   (c)    Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, landscape materials, liquids, garbage cans, refuse, or similar objects, or the pneumatic, pumped, or manual loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form, or any processing of materials or supplies outside of a completely enclosed structure is prohibited except between 7:00 a.m. and 7:30 p.m. Monday through Friday, between 9:00 a.m. and 7:30 p.m. on Saturday, and between 9:00 a.m. and 5:00 p.m. on Sunday on any land within a residential zoning district or within 300 feet of a residential zoning district. This shall not include the normal and customary activities of employees reporting to and from work.
   (d)    Operating or permitting the operation of any motor vehicle whose manufacturer’s gross vehicle weight rating is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle except between 7:00 a.m. and 7:30 p.m. Monday through Friday, between 9:00 a.m. and 7:30 p.m. on Saturday, and between 9:00 a.m. and 5:00 p.m. on Sunday on any land within a residential zoning district or within 300 feet of a residential zoning district.
   (e)   Exceptions:
      (1)   Emergency work.
      (2)   The operation of railroads, busses, and other vehicular traffic, including warning signals, on public or semi-public rights-of-way, subject to applicable regulations in the Traffic Code.
      (3)   The reasonable ringing of church bells, the reasonable and ordinary noises attendant in athletic contests or lawful public or semi-public meetings, parades or celebrations.
      (4)   City operations and activities.
      (5)   Noise from an exterior burglar alarm of any building provided such burglar alarm shall terminate its operation within 5 minutes of its activation.
      (6)   The City Manager may issue a permit granting temporary exceptions to these regulations where circumstances are unique and where strict adherence would cause undue hardship for the property owner or where an exception would be beneficial to the public welfare.
   (f)   Enforcement:
      (1)   Any violation of Section 509.09 constitutes a nuisance.
      (2)   The owner of any land on which a violation of any regulations in Section 509.09 occurs shall be liable for the violation. Any other person or persons involved may also be held liable for the violation.
      (3)   Whoever violates this section is guilty of a minor misdemeanor. Each day that a violation occurs is a separate offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
      (4)   The City Manager may seek injunctive relief for any violation that continues despite prosecution of violations as a criminal offense as permitted in this Chapter.
         (Ord. 2017-9. Passed 8-10-17.)