9.10.060   Special provisions.
   The special exceptions listed in this section shall apply, notwithstanding the provisions of Sections 9.10.030 through 9.10.050.
   Said exceptions shall apply only to the extent and during the hours specified in each of the following enumerated exceptions.
   (a)   General Daytime Exception. Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.10.030(a), 9.10.040 and 9.10.050(a) between the hours of eight a.m. and eight p.m. Monday through Friday, nine a.m. and eight p.m. on Saturday, except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m.
   (b)   Construction. Except for construction on residential property as described in subsection (c) of this section, construction, alteration and repair activities which are authorized by valid city building permit shall be prohibited on Sundays and holidays and shall be prohibited except between the hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday provided that the construction, demolition or repair activities during those hours meet the following standards:
       (1)   No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If the device is housed within a structure on the property, the measurement shall be made out-side the structure at a distance as close to twenty-five feet from the equipment as possible.
      (2)   The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA.
      (3)   The holder of a valid construction permit for a construction project in a non-residential zone shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter.
         (A)   Said sign(s) shall be posted at least five feet above ground level, and shall be of a white background, with black lettering, which lettering shall be a minimum of one and one-half inches in height.
         (B)   Said sign shall read as follows:
   CONSTRUCTION HOURS FOR NON-RESIDENTIAL PROPERTY (Includes Any and All Deliveries)
      MONDAY–FRIDAY 8:00 a.m. to 6:00 p.m.
      SATURDAY 9:00 a.m. to 6:00 p.m.
      SUNDAY/HOLIDAYS Construction prohibited.
Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be prosecuted. P.A.M.C. §9.10.060(b).
   (c)   Construction on Residential Property. Construction, alteration, demolition or repair activities conducted in a residential zone, authorized by valid city building permit, shall be prohibited on Sundays and holidays and is prohibited on all other days except during the hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday, provided that the construction, demolition or repair activities during those hours meet the following standards:
       (1)   No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible.
      (2)   The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA.
      (3)   The holder of a valid building permit for a construction project located within any residential zone shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter.
          (A)   Said sign(s) shall be posted no less than three feet and no more than five feet above ground level, shall be visible from the adjacent street, and shall be of a white background, with black lettering, which lettering shall be a minimum of one and one-half inches in height.
         (B)   Said sign shall read as follows:
CONSTRUCTION HOURS FOR RESIDENTIAL PROPERTIES (includes any and all deliveries)
MONDAY–FRIDAY 8:00 a.m. to 6:00 p.m.
SATURDAY 9:00 a.m. to 6:00 p.m.
SUNDAY/HOLIDAYS Construction Prohibited.
Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be prosecuted. P.A.M.C. §9.10.060(b).
   (d)   Other Equipment. Equipment used by city employees, city contractors, or public utility companies or their contractors, not covered by subsections (b) and (c) of this section, shall be allowed during the same hours as the exception set forth in subsection (b) of this section, providing no piece of equipment shall produce a noise level which exceeds one hundred ten dBA, measured at a distance of twenty-five feet from the equipment.
    (e)   Residential Power Equipment. Residential power equipment shall be allowed during the hours of eight a.m. and eight p.m. Monday through Friday, nine a.m. and six p.m. Saturday, and ten a.m. and six p.m. on Sundays and holidays, providing it does not produce a noise level that exceeds ninety-five dBA measured at twenty-five feet from the equipment and is not being operated for construction regulated in subsections (b) or (c) of this section.
   (f)   Leaf Blowers.
      (1)   No person shall operate any leaf blower which does not bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute method-ology. Any leaf blower which bears such a manufacturer’s label shall be presumed to comply with any noise level limit of this chapter provided that it is operated with all mufflers and full extension tubes supplied by the manufacturer for that leaf blower. No person shall operate any leaf blower without attachment of all mufflers and full extension tubes supplied by the manufacturer for that leaf blower.
      (2)   No person shall operate; cause operation of; or allow operation of a leaf blower on property a person owns, has control of, or is a tenant of; (including but not limited to a leaf blower operator, leaf blower operator’s employer, property owner, property manager, tenant, or other person authorizing or employing the use of a leaf blower on their property) as follows:
         (A)   Within a residential zone (as defined by Title 18) except during the following hours: nine a.m. and five p.m. Monday through Friday and ten a.m. and four p.m. Saturday;
         (B)   Within non-residential zone except during the following hours: eight a.m. and six p.m. Monday through Friday and ten a.m. to four p.m. Saturday;
         (C)   On Sundays and holidays; or
         (D)   Within any residential zone, at any time, any leaf blower powered by an internal combustion engine or any leaf blower powered by a generator powered by an internal combustion engine.
      (3)   In addition to all authorizations and restrictions otherwise provided in this chapter, public streets, sidewalks, and parking lots in business districts and at the Municipal Golf Course and all city parks may be cleaned between four a.m. and eight a.m. using leaf blowers which bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute methodology.
      (4)   Enforcement of this subsection (f) is exempt from PAMC section 1.12.030(c).
   (g)   Street Sweeping. Street sweeping activities are allowed between the hours of ten p.m. and eight a.m. daily, provided they do not produce a noise level in excess of ninety dBA, when measured at a distance of twenty-five feet from the street sweeper.
   (h)   Refuse Collection. Refuse collection activities shall be permitted between the hours of four a.m. and nine p.m. daily, provided they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the activity.
   (i)   Safety Devices. Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more than three dBA above the standard or minimum level stipulated by law.
   (j)   Emergencies. Emergencies are exempt from this chapter.
   (k)   Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when used in public parking lots, shall be allowed during the hours of ten p.m. and eight a.m. daily, providing no such piece of equipment shall produce a noise level that exceeds ninety dBA measured at a distance of twenty-five feet.
   (l)   Business District Street Cleaning. Cleaning equipment (other than leaf blowers), when used in public streets and public sidewalks within the public right-of-way in business districts shall be allowed during the hours of ten p.m. and eight a.m. daily, providing no such piece of equipment shall produce a noise level that exceeds ninety dBA measured at a distance of twenty-five feet.
(Ord. 5591 § 2, 2023: Ord. 4778 §§ 2, 3, 2003: Ord. 4754 § 2, 2002: Ord. 4727 § 2, 2002: Ord. 4634 § 2 (part), 2000)