Construction equipment

(a)

Prohibition; definitions. Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work such as pile drivers, steam shovels, pneumatic hammers, pumps, or other like equipment is prohibited:

(1)

Between the hours of 6:00 p.m. and 8:00 a.m. the following day on weekdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across and at a residential district boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special permission issued pursuant to subsection (c).

(2)

At any other time such that the sound level at or across a real property boundary exceeds a reading of 0.79 weighted average dBA for the daily period of operation. Such sound levels shall be measured with a sound level meter manufactured according to standards prescribed by the American National Standards Institute.

(b)

Definitions.

Holidays, as used herein, shall mean those days designated by the United State Congress as legal public holidays, except that whenever any such day shall fall upon a Sunday, the Monday next following shall be deemed a public holiday for purposes of this section.

Noise disturbance as used herein, shall mean any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

Noise sensitive zone, as used herein, shall mean existing quiet zones, if any, and those areas containing noise sensitive activities including, but not limited to, operations of schools, libraries open to the public, houses of worship, hospitals, and nursing homes.

Residential districts, as used herein, shall mean any residential district as set forth in the city's zoning ordinance, as amended, or as may be hereafter amended.

Weighted average dBA, as used herein, means the 24-hour energy average of the sound pressure level in decibels (dB), as measured on a sound level meter using the A-weighted network; any readings taken during the period 10:00 p.m. to 7:00 a.m. the following day are increased by ten dBA before averaging the other readings. The A-weighted network (dBA) is recommended by the U.S. Environmental Protection Agency as a means of describing environmental noise because it most closely mimics the human ear by weighting the frequency spectrum to give greater weight to the frequencies between 1,000 and 6,000 hertz (cycles per second).

(c)

Exception. The city manager is hereby authorized to permit the operation and use of any of the above construction machinery during the aforesaid prohibited periods of time in the event that such operation or use is required to eliminate or reduce any dangerous or hazardous condition which endangers life or property.

(d)

Violation; penalty. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished as provided in section 1-13. Each 24-hour day is to be considered a separate violation.

(Code 1967, § 36-13; Ord. No. 9063, § 1, 1-24-80; Ord. No. 10754, § 1, 6-28-90; Code 1980, § 36-13)