(a)   Construction activities shall be prohibited on Sunday or on any government recognized holiday and other than during the hours of 7 o’clock am to sunset on Monday through Saturday when conducted in close proximity to residential areas and when performed by a person or entity that is performing such construction activities for compensation.

(b)   Construction activities shall include, but not be limited to, the erection, demolition, alteration or repair of any building or other structure or the operation or any tools or equipment used in such construction activities and such other activities that are undertaken in preparation for the erection, demolition, alteration or repair of any building or other structure.  Construction activities performed wholly within an indoor space shall not be subject to the prohibition of subsection (a) hereinabove.

(c)   Construction activities shall be deemed to be conducted in close proximity to residential areas when the nearest property boundary of the land upon which such construction activities are conducted is within 100 feet of the residential area.

(d)   A residential area is:

(1)   an area of single or multifamily dwellings where businesses may or may not be conducted in such dwellings;

(2)   an area containing motels, hotels and residential units with limited office development, but which does not include retail shopping facilities;

(3)   an area that includes educational facilities, hospitals, nursing homes and similar institutions.

(e)   An exception to the prohibition in subsection (a) may be permitted by the City:

(1)   in the event of extreme and urgent necessity in the interest of public safety and convenience; or

(2)   under circumstances where it is determined that the disruption and inconvenience to the public and those persons within the residential area is minimal.

(f)    Construction activities performed by property owners or occupants of any building or other structure on such building or other structure shall not be subject to the prohibition in section (a) hereinabove.

(Ord. 1076-2019; Code 2021)