§ 97.50  LIMITED EXEMPTIONS.
   The following activities are exempted from the provisions of this chapter provided they adhere to any and all applicable restrictions.
   (A)   Construction activity provided:
      (1)   It shall be unlawful for any person, firm or corporation to do, perform or engage in any construction work, building, excavation, dredging, building alteration or repair work of any nature, to any building or structure, or upon any site for a building or structure in the city between the hours of 11:00 p.m. and 8:00 a.m. of any weekday and from 11:00 p.m. on Saturday to 8:00 a.m. on Monday of each week.  It shall be unlawful for any person, firm or corporation to conduct any pile driving activity whatsoever between the hours of 5:30 p.m. and 9:00 a.m. of any weekday and from 5:30 p.m. on Saturday to 9:00 a.m. on Monday of each week.
      (2)   Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and ultimate convenience, may apply to the City Manager for a special permit allowing it.  The permits, if granted, shall be limited to a period of up to three days' duration, but may be renewed for additional periods of up to three days each if the emergency or need continues.  In the issuance of these permits the City Manager shall weigh all facts and circumstances and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience shall be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the City Manager or his designee is authorized to issue the permit requested and any extensions thereof, as may be required.
   (B)   Lawn maintenance equipment provided:
      (1)   It shall be unlawful to operate lawn mowers, edgers, trimmers, blowers and power-driven hedge shears in the city between the hours of 9:00 p.m. and 8:00 a.m.
      (2)   This section shall not apply to the operation of such equipment on golf courses.
(Ord. 94-32, passed 4-5-94; Am. Ord. 96-22, passed 11-28-95)  Penalty, see § 10.99