(A) Use of construction tools and equipment. Except as provided in division (C) through (G) of this section, no person may use construction tools and equipment except between 7:30 a.m. and 7:30 p.m. Monday through Friday and between 8:00 a.m. and 4:00 p.m. on Saturdays; provided, however, that such tools and equipment shall not be used at any time on the following federal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.
(B) Emergencies. The limitations stated in division (A) of this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions.
(C) Work by public agencies. The limitations stated in division (A) of this section may be waived by the City Manager for work undertaken by any public body or agency for the benefit of the public. The City Manager may attach to any such waiver all conditions he or she deems necessary to protect the public health, safety, or welfare.
(D) Farming and other agricultural activities. The prohibitions stated in division (A) of this section shall not be construed to apply to any bona fide farming or agricultural activity.
(E) Routine landscaping and other yard and golf course maintenance activities. The prohibitions stated in division (A) of this section shall not be construed to apply to any routine landscaping and other yard and golf course maintenance activities, including snow removal, performed either by a resident or property owner, or under a maintenance agreement with a resident or property owner.
(F) Use of power tools for interior work by resident or property owner. The prohibitions stated in division (A) of this section shall not be construed to apply to the use of power tools for home repairs and/or hobbies by a resident or property owner within the interior of their residence, garage, or other accessory structure.
(G) Waiver.
(1) The prohibitions stated in division (A) of this section may be waived by the City Manager in the case of exceptional circumstances; provided, however, that no such waiver shall be granted unless the City Manager finds that:
(a) The party seeking the waiver will suffer a significant hardship unless the waiver is granted; and
(b) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare.
(2) The City Manager may attach to such waiver all conditions he or she deems necessary to protect the public health, safety or welfare.
(Ord. 03-06, passed 1-30-06) Penalty, see § 94.99