HomeMy WebLinkAboutOrd 1996-26 L
ORDINANCE 96-26
AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, AMENDING ITS TOWN CODE; CHAPTER 7
"BUILDINGS AND BUILDING REGULATIONS" BY
ADDING A NEW ARTICLE 7-6 FOR NOISE REGULATIONS
DURING CONSTRUCTION WORK.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
SECTION 1. That the Town Code, Chapter 7, Buildings and Building Regulations, be amended
by the Addition of Article 7-6, "Noise Regulations During Construction" to read as follows:
A. During the times hereinafter set forth, no construction activities of any kind, including
but not limited to the making of an excavation, clearing of surface land, and loading or unloading
material, equipment or supplies, or the operation of mechanically powered tools anywhere in the
Town limits, shall be permitted, when such activities result in the generation of mechanically or
electrically created noise that can be heard by a person with normal hearing within a residential
building, the windows of which are closed, if such building is located within 500 feet of the
construction site.
B. The foregoing limitations shall apply to the following times:
a. Prior to 5:30 a.m. and after 6:30 p.m. Monday through Friday from May
15 through September 15.
b. Prior to 6:00 a.m. and after 6:30 p.m. Monday through Friday during the
remainder of the year.
c. Prior to 7:00 a.m. and after 5:00 p.m. on Saturdays throughout the year.
d. At all times during Sundays and Legal Holidays.
C. The following activities shall be excluded from such prohibition:
a. Noise resulting from perishable activities, defined as all concrete flat work,
termite pre-treatment application and the delivery of perishable landscaping materials shall be
allowed as necessary.
b. Noise generated by work being performed by a resident of a building or
structure may continue until 10:00 p.m. but may not begin earlier than the times set forth in
Section B above.
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c. Noise resulting from emergencies, including but not limited to, repair of roofs,
windows, doors, electrical, plumbing and mechanical (HVAC) shall be permitted whenever
necessary. An emergency shall be defined as any situation where work must be performed in
order to prevent serious injury to persons or property.
Section 7-6-2: PENALTIES
Violation of any provision of Section 7-6-1 is a civil offense. The Municipal Court of the Town
shall conduct a hearing and shall assess a sanction of$100 for a first violation; $200 for a second
violation and $500 for all subsequent violations. Each day a violation occurs shall constitute a
separate event.
PASSED AND ADOPTED by the Council of the Town of Fountain Hills, Arizona, this
o70+hday of Q1A-n , 1996.
ATTEST:
, Ida jvv4.4.,
Cassie B. Hansen, Town Clerk J ry Iles, Mayor
APPROVED AS TO FORM: REVIEWED BY:
71;a4„... p
William E. Farrell, Town Attorney aul L. Nordin, Town Manager
Ordinance 96-26
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