648.13   LOADING AND UNLOADING ACTIVITIES.
   (a)   Definitions. All definitions and terminology used in this section not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. As used in this section:
      (1)   “Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss which demands immediate action.
      (2)   “Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
      (3)   “Noise” means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
      (4)   “Noise disturbance” means any sound which:
         A.   Endangers or injures the safety or health of humans or animals;
         B.   Annoys or disturbs a reasonable person of normal sensitivities; or
         C.   Endangers or injures personal or real property.
      (5)   “Person” means any individual, association, partnership, or corporation and includes any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state.
      (6)   “Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.
      (7)   “Residential area” means single family, two-family, and multi-family zoning district classifications.
   (b)   Prohibited Acts. The following act(s), and the causing or permitting thereof, are declared to be a violation of the law:
      (1)   Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects and moving, parking and idling, backing or maneuvering of motor vehicles preliminary to or in conjunction with or subsequent to loading or unloading said vehicles, and/or the operation of refrigeration or heating units on motor vehicles between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:30 a.m. on Saturday and Sunday in such a manner as to cause a noise disturbance across a residential real property boundary.
      (2)   It shall be unlawful for any person to operate any tools, machinery or equipment which create a sound disturbing to a person of normal sensibilities between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:30 a.m. on Saturday and Sunday.
      (3)   It shall be unlawful for any person to engage in the loading or unloading of equipment or materials, or other similar objects or devices or to operate any devices or machinery between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:30 a.m. on Saturday and Sunday in such a manner as to cause a noise disturbance across a residential real property boundary.
   (c)   This section does not apply to:
      (1)   Equipment used for the removal of snow.
      (2)   Any activity which results from an emergency condition.
   (d)   Penalty. Any person who violates any provision of this section shall be guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(Ord. 2004-O-22. Passed 11-9-04; Ord. 2005-O-11.  Passed 2-22-05; Ord. 2016-O-23.  Passed 9- 27-16.)