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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. Ordinance 96-26 �'__�� O_c� ,, PUBLISHED FOUNTAIN HILLS TIMES Page 1 of 2 CFAIL s It ! Co .Q.(o MOTION r7 - 3 - 9 (v SECOND /n 0 LA)�- t COUNT -7 - 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 Page 2 of 2