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A. Generally. It is the purpose of this section to promote quiet and peaceful residential areas by limiting construction activities which create disturbing noise to reasonable times and circumstances, but such limitations shall not apply where residences will not be affected, where individual homeowners are performing maintenance work, or to emergency circumstances.
B. Limitation of Activity. No person shall carry on any construction activities, including the erection, demolition, excavation, modification, alteration or repair of any building or structures, or any other activities creating construction noise as defined in this section other than between the hours of seven a.m. and six p.m. on weekdays, except as otherwise permitted in this section.
C. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings, except where the context indicates otherwise:
1. The term "weekday" does not include Saturdays, Sundays or holidays, but does include all other days. "Holidays" is defined in this section to include the following seven days: Christmas, Thanksgiving, New Year's, July 4th, Memorial Day, Labor Day and Veterans Day.
2. The term "construction noise" means noise associated with construction activities and includes but is not limited to any loud, annoying or disturbing noises or sounds associated with the delivery or operation of equipment, radios, communication equipment, shouting, horns, bells, demolition, excavation digging, pouring, pounding or other similar noise.
D. Exceptions. Notwithstanding any other provision of this section, construction activities are permitted as follows:
1. An owner of a dwelling or property residing thereon may perform repair or maintenance work on such dwelling or property without regard to any limitation contained in this section.
2. During any emergency, any construction activities required to preserve life or property shall be permitted at any time, but this paragraph shall not authorize any construction activity if the building official determines that no emergency exists and notifies the property owner or person responsible for the construction activity that no such emergency exists.
3. Construction activities creating construction noise may be authorized between the hours of six p.m. and seven a.m. on weekdays or at any time on any other days if a permit for such construction activities is issued by the building official of the city or his designee in accordance with the provisions contained in this section, and is not revoked.
E. Permit Procedure to Authorize Construction Activities at Times other than Permitted Hours on Weekdays.
1. The building official or his designee may issue a permit authorizing construction activities at times not otherwise permitted by this section only when the issuing official determines that the construction activity will not produce construction noise which will interfere with the peaceful enjoyment of persons occupying surrounding properties. The issuing official shall consider the nature of surrounding property, type of construction activity, time of construction activity, existence of buildings, structures, natural features and topography which will buffer the impacts of construction noise on surrounding properties, and any other matters affecting the impact of the construction noise on surrounding properties, and may impose any conditions deemed reasonable to mitigate such impacts. A copy of any permit issued pursuant to this section shall be filed by the issuing official with the police department.
2. Where appropriate mitigating measures are taken, a permit should generally be granted for construction activities other than the following:
a. Motorized earth-moving equipment;
c. Concrete placement;
d. Mixing equipment;
g. Any activity requiring compressors;
h. Any activity producing similarly adverse noise impacts.
3. The general contractor responsible for the construction activity, or where there is no general contractor, the property owner, shall apply for the permit prior to the performance of such construction activity, shall certify that he understands and agrees to the terms thereof, and shall post a copy of said permit at the job site in a manner reasonably visible to the public. Such person shall be the permittee and is responsible for assuring compliance with all terms and provisions of the permit.
4. Where complaints are received from persons occupying surrounding property concerning construction noise created by any construction activity, the permit may be modified or revoked by the issuing official, and shall be revoked if complaints are received from the occupants of three separate properties or of three separate dwelling units on any property or properties. The permit shall be revocable by either the issuing official or the police department and any permittee shall be duly informed of such revocation. The building official or his designee may reissue said permit if he believes that the provisions of this section are satisfied, but if subsequently revoked, such permit shall not be reissued.
(Ord. 81-8-878 § 4)