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No person shall undertake or cause the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to cause a noise disturbance within a residential district or within a noise sensitive zone.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
(a) No person shall use or cause the use of any mechanical equipment or tool operated by fuel or electric power in building, construction, repair or demolition operations between the hours of 8:00 P.M. and 8:00 A.M. within 600 feet of any residential building or hospital.
(b) The limitation of this section does not apply to any construction, demolition or repair work of an emergency nature or to work on public improvements authorized by a governmental body or agency.
(c) This section may be enforced by designated employees of the departments of police, buildings, business affairs and consumer protection, fire, finance, streets and sanitation, transportation and planning and development, who are authorized to issue citations for violations.
(d) Any person who violates this section shall be liable for a penalty of not less than $1,000.00 nor more than $2,500.00 for the first violation; not less than $2,500.00 nor more than $5,000.00 for the second violation for the same offense within one year; and not less than $5,000.00 nor more than $10,000.00 for the third and each subsequent violation for the same offense within one year for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 19)
PART C. OTHER LIMITATIONS ON NOISE AND VIBRATIONS (8-32-150 et seq.)
For any noise source not specifically addressed in Part B of this chapter, except where exempted or excluded by section 8-32-170, the following general limitations shall apply:
(a) Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on the public way that is louder than average conversational level at a distance of 100 feet or more, vertically or horizontally, from the source.
(b) Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on any private open space that is louder than average conversational level at a distance of 100 feet or more, measured from the property line of the property from which the noise is being generated.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
(a) In M2 general manufacturing districts and M3 heavy manufacturing districts, any property use creating intense earthshaking vibrations shall be set back at least 300 feet from the boundary of a residence, business or commercial district and at least 150 feet from the boundary of an M1 restricted manufacturing district; provided that, there shall be no violation if the property use does not transmit beyond the lot lines any earthshaking vibrations which are perceptible without the aid of instruments.
(b) In all other districts, any property use creating earthshaking vibrations must be controlled in such manner as to prevent transmission beyond the lot line of earthshaking vibrations perceptible without the aid of instruments; provided that, this limitation does not apply where the affected adjoining property is zoned M3 (heavy manufacturing).
(c) In all zoning districts earthshaking vibrations that create a nuisance or hazard beyond the lot lines of the source are prohibited.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
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