§ 91.04  REGULATION OF HOURS OF CONDUCT OF NOISE-GENERATING ACTIVITIES.
   (A)   It shall be unlawful to engage in the following activities outside the confines of an enclosed building with the use of any motorized vehicle or equipment between the hours of 10:30 p.m. and 7:00 a.m. the following morning:
      (1)   Operation of a street or parking lot sweeper;
      (2)   Operation of equipment for landscaping or yard maintenance, including leaf blowers, lawn mowers, chain saws, hedge clippers, tillers, or trimmers;
      (3)   Operation of cleaning equipment such as a power washers and equipment for removal of grease trap waste; or
      (4)   Operation of trucks for emptying solid waste or recycling containers; or
      (5)   Operation of any equipment for construction, repair, or maintenance of improvements.
   (B)   Exceptions. The following activities are excepted from the prohibition of division (A) above:
      (1)   Emergency utility repairs; and
      (2)   Activity necessary to prevent an imminent threat of destruction of property or hazard to life or safety of any persons.
   (C)   Special permit. A special permit for conduct of an activity proscribed by division (A) above for non-routine activities, the performance of which during the restricted hours described in division (A) above is in the interest of public safety and provides for greater convenience to the public, may be issued on the terms and condition provided in this section. By way of example only, installation of roof-top mechanical equipment by use of a helicopter during restricted hours may be shown to result in reduced hazard to the public and less disruption of traffic and inconvenience to the public. To be eligible for a special permit pursuant to this subsection, the applicant must demonstrate that:
      (1)   The proposed activity is not a regularly recurring one;
      (2)   Public safety or convenience will be enhanced by conduct of the activity during restricted hours;
      (3)   There is no practicable alternative to achieve the purpose during non-restricted hours that results in equivalent public safety or convenience; and
      (4)   The activity is otherwise conducted in compliance with applicable law.
   (D)   An application for a special permit shall be submitted to the City Administrator on a form promulgated by the City Administrator. The City Administrator may issue a special permit for the proposed activity if (s)he finds that the applicant is eligible based on the criteria provided in division (C) above. The City Administrator shall provide a written approval or denial of an application for a special permit not later than ten business days after submission of a complete application.
   (E)   An applicant may appeal a denial of a special permit by submitting a written request for appeal not later than ten days after denial. The City Council shall hear and decide such appeal at the next scheduled City Council meeting for which notice may timely be given in compliance with the Texas Open Meetings Act. The applicant shall be entitled to present evidence or information in support of the appeal, subject to reasonable limits on time and relevance as determined by the City Council.
(Ord. 180605-A, passed 6-5-2018)