649.08 RESTRICTION ON USE OF HEAVY DUTY EQUIPMENT.

   (a)    No person, firm or corporation shall operate any heavy duty commercial earth moving, ditch-digging, grading, loading, or excavating equipment, or compressed air hammer, drill, jack or other similar construction or road building equipment, or operate dump trucks, carry-alls or tractor trailers within the City between the hours of 6:30 P.M. and 9:00 A.M., or on Sundays, Christmas Day, New Year's Day, Memorial Day, Fourth of July, Labor Day or Thanksgiving except on duly dedicated highways. However, in case of flood, fire or other natural catastrophe, or in case of urgent necessity for the protection of public peace, health or safety, or in other circumstances where such an operation is not in an area zoned U-1, Single-Family Residential, a hardship is presented and a public nuisance will not be created thereby, the Mayor may permit the use or operation of such vehicles or equipment between such hours or on such days. Further, Council may temporarily permit the use or operation of such vehicles or equipment between such hours or on such days when Council determines that the public convenience or welfare requires such temporary permission, such as in the case of an urgently needed public improvement, and if Council determines that a public nuisance will not be created.

   (b)    Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02. (Ord. 1999-52. Passed 11-9-99.)