8-32-140 Construction, repair or demolition equipment.
   (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)