(A) It is unlawful for any developer or construction company to engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 7:00 p.m., on any weekday or between the hours of 8:00 a.m. and 6:00 p.m., on any weekend or holiday. CONSTRUCTION ACTIVITIES shall expressly include:
(1) Excavation, grading, or any type of earth-moving activity;
(2) The creation, maintenance, or repair of a structure which requires any kind of building permit;
(3) The fueling, delivery, unloading or loading, relocating of equipment of material associated with these construction activities; and
(4) Street, sidewalk, trail, and any utility construction.
(B) The City Administrator or his or her designee may permit different hours for construction activities upon receipt of a timely application (1) demonstrating significant, actual necessity, (2) the specific location of the construction activities and (3) the specific requested additional hours.
(C) Civil penalty for violations.
(1) First violation in any 12-month period: written warning.
(2) Second violation in any 24-month period: $250.
(3) Third and subsequent violations in any 24-month period: $500.
(Ord. 2018-08, passed 7-18-2018)