A. Definitions. For the purposes of this section, the following terms have the meanings described below:
CONSTRUCTION: | Includes inside or outside new construction, remodeling, rehabilitation, and demolition of a structure; the term also includes any on-site or off-site improvements (including but not limited to grading, excavation, landscaping, paving, and similar activity). Delivery and loading/unloading of materials or equipment is considered “construction” for the purposes of this section if said activities involve use of a forklift, dump truck, backhoe, or other similar heavy equipment. |
EMERGENCY: | Any event, circumstance or set of facts that presents a threat of imminent personal injury or damage to property and warrants an immediate response to secure the safety of such person or property. |
UTILITY SERVICE PROVIDER: | Any person, firm or corporation legally providing electricity, natural gas, telephone, cable television, internet, water, sewer, or any other such item or service for use by the general public. |
B. Restrictions on times of construction; penalty.
1. On weekdays, construction may not take place after 8:00 p.m. or before 7:00 a.m.
2. Construction on Saturday and Sunday shall not take place after 6:00 p.m. on Friday or Saturday or before 9:00 a.m. on Saturday or Sunday
3. Construction in violation of the restrictions created by subsection (1) or (2), above, is declared to be a nuisance if it results in loud and raucous noise occurring inside the corporate limits of the city and is punishable as such under title 6, chapter 5 of this code.
C. Exceptions.
1. Permit. Construction may be lawfully conducted outside the times defined by this section if the person performing the work obtains a valid after-hours construction permit issued by the city manager or his or her designee in writing. To be valid, the permit must identify the persons or entities authorized to perform the construction, list the dates and times on which construction may be conducted outside of the times set forth by this section, and briefly describe the type of construction to be performed. Said permit must be displayed upon demand by any peace officer or city representative. Issuance of permits under this subsection is generally limited to circumstances where compliance with the construction time restrictions set forth in subsection (b) of this section would result in an undue hardship or when construction is required due to an emergency. Determinations of undue hardship shall be made in the discretion of the city manager or his or her designee in accordance with guidelines developed by the city manager, but exceptions will generally be limited to cases of urgent necessity in the interest of public health and safety.
2. Certain entities exempt. The construction restrictions created by this section shall not apply to city or county, state, or federal government entities, or agents thereof, or to public works projects being performed on behalf of such public entities. Utility service providers may also conduct construction outside of the restrictions provided by this section if the construction being performed is to restore or maintain services to existing customers but shall not be exempt from application of this section for construction activity to expand services to additional customers or include additional products or services.
3. Emergency construction. It is a defense to prosecution for a violation of this section that the construction was necessary to prevent or mitigate an emergency.
4. Construction in public rights-of-way. This section does not apply to construction in public rights-of-way when a valid construction permit has been issued for such construction. (Ord. 796, 12-13-2021)