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A. General Limitation on Construction Hours. In addition to the provisions of this code relating to nuisances, and without limiting any other provision of this code, it is unlawful for any person to permit or engage in any construction activity, or to operate or permit the operation of power equipment such as any pile driver, power shovel, pneumatic hammer or derrick, or to operate or permit the operation of any motor vehicles in relation to any such activities at any location in the Village: (1) on Sundays and holidays; (2) before 9:00 a.m. and after 6:00 p.m. on any Saturday; or (3) before 7:00 a.m. and after 7:00 p.m. on all other days, except as provided in this section.
B. Additional Limitations in Single Family Residential Zoning Districts. In addition to the limitations established by subsection A of this section, the demolition of buildings, the hauling of building or demolition materials, and the digging of excavations for building foundations and structures requiring similar excavations, is prohibited on all properties located in single family residential zoning districts on Saturdays, Sundays and holidays.
C. Electric Generators. Except for public works projects being performed on or in any public right-of-way by or on behalf of the Village or another governmental entity, the use of portable electric generators in construction activity at any time is prohibited.
1. Minor construction activity shall be permitted on Sundays and holidays between the hours of 9:00 a.m. and 5:00 p.m.
2. Construction activity of all kinds shall be permitted on Sundays in any building located in a commercial or multi-family zoning district.
3. The Director or the Director's designee may issue a written permit temporarily allowing either work during an otherwise prohibited time or the use of a portable electric generator if the Director or the Director's designee finds that an emergency exists or that such work is necessary to correct or prevent an unsafe condition, or if the Village Manager determines that such work is necessary to preserve or protect the public health, safety or welfare; provided that, any such temporary permit shall be granted only for a specified scope of work and for the period of time that the emergency or other circumstance giving rise to the need for such permit continues.
4. The Director or Director's designee may issue a written permit allowing the use of a portable electric generator during permitted working hours for no more than five days if the Director or Director's designee finds that the construction activity requires the temporary disconnection of service from the Village's electric distribution system.
E. Penalties. Any person who violates this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). In addition to such fine, and any other penalties provided in this code, a violation of this section shall constitute a sufficient basis for the revocation of any permit issued under the provisions of this code.
(MC-1-2014, Amended, 2/18/2014; Ord. MC-223-99 § 3, 1999: prior code § 23.22)
F. Definition. As used in this Section, the term “ holiday” shall mean any or all of the following days: New Years Day (January 1), Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day and Christmas Day (December 25).
(MC-4-2004, Amended, 04/06/2004; MC-15-2003, Amended, 10/07/2003, Subparagraph A; MC-10-2002, Amended, 11/19/2002)