(A) (1) It shall be unlawful for developers, owners of property, construction contractors, or other similarly situated persons to operate, or permit to be operated, upon premises under their control, any construction equipment, or otherwise create or permit upon premises under their control, construction noise within 1,000 feet of an occupied residence, motel, hotel, or similar establishment between the following hours:
(a) Before 7:00 a.m. and after 7:00 p.m., Monday through Friday;
(b) Before 8:00 a.m. and after 7:00 p.m., Saturday, Sunday and holidays that are observed by the village.
(2) The above time limitations shall not apply to construction work that is of an emergency nature; provided, however, that the Director of Community Development shall be notified as soon as possible of the nature and the cause of the emergency.
(B) (1) Requests to modify or deviate from the above requirements shall be filed with the Director of Community Development in writing.
(2) A request to modify or deviate from the above requirements shall be allowed for good cause, and must be approved in writing by the Village Administrator before any modifications or deviations can occur.
(C) Any person having a beneficial or ownership interest in property upon which construction is occurring and any developer, contractor, or other person engaged in construction work who permits the operation of construction equipment thereon in violation of this section shall be subject to the fine provision contained in § 10.99 of this code.
(Ord. 1124-02, passed 2-19-02)