§ 310-42. Restricted uses and activities.

(a)

Notwithstanding the provisions of Subsection 310-40(a) and the exceptions above, the following standards shall apply to the activities or sources of sound set forth below:

(1)

Noncommercial or non-industrial power tools used for landscaping and yard maintenance shall not be operated between the hours of 9:00 p.m. and 7:00 a.m., or on Saturday or Sunday before the hour of 8:30 a.m., unless such activities can meet the applicable limits set forth in Subsection 310-40(a). At all other times, the limits set forth in Subsection 310-40(a) do not apply to noncommercial or non-industrial power tools and landscaping and yard maintenance equipment, provided that all motorized equipment is operated with a functioning muffler.

(2)

Commercial or industrial power tools used for landscaping and yard maintenance shall be operated with a muffler. All motorized equipment used in these activities shall not be operated on a residential property or within 250 feet of a residential property line, between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on Saturday, or at any time on Sunday, unless:

a.

Such activities are deemed emergency work; or

b.

Such activities meet the limits set forth in Subsection 310-40(a). At all other times, the limits set forth in Subsection 310-40(a) do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment.

(3)

Construction and demolition activity shall not be performed between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, before the hour of 9:00 a.m. or after the hour of 5:00 p.m. on Saturday, or at any time on Sunday, unless:

a.

Such activities are deemed emergency work; or

b.

Such activities meet the limits set forth in Subsection 310-40(a). This provision shall not apply if the chief of police determines that the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration. In such cases, the chief of police may grant a renewable permit for a period not to exceed ten days for this work to be done within the hours of 10:00 p.m. to 7:00 a.m.

(4)

Domesticated animals may not make any vocalizations (including barking, baying, howling, crying or making any other noise) for more than ten minutes without interruption or more than 30 minutes if intermittent.

(5)

The collection of trash or refuse in residential districts is prohibited between the hours of 9:00 p.m. and 7:00 a.m.

(6)

No person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument or similar device in such a manner as to create a continuing noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space.

(7)

Late-night establishments are prohibited from allowing noises and/or sounds to emanate from their establishment which are plainly audible more than 50 feet beyond the building or structure from which the noises and/or sounds emanate between the hours of 12:00 a.m. and 7:00 a.m.

(Ord. No. 743 , 12-19-17)