HomeMy WebLinkAboutORD1011ORDINANCE NO.1011
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 10
OFFENSES BY ADDING SECTIONS 10-1-12 (C)THROUGH (G)CONSTRUCTION
NOISE REGULATIONS;REPEALING ANY CONFLICTING PROVISION;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,Arizona Revised Statutes §9-276(A)(16)allows cities to define and
abate nuisances,and impose fines upon persons creating or continuing such
nuisances;and
WHEREAS,there has been a significant increase in construction activity in the
early morning and late night hours of any given day in the corporate limits of
the City of Apache Junction;and
WHEREAS,construction activity at certain times during the day is offensive to
the senses,or disturbs the slumber,peace and quiet,or otherwise interferes
with the comfortable enjoyment of life or property of a considerable number of
persons in neighborhoods within the corporate limits of the City of Apache
Junction,and :
WHEREAS,said noises are a public nuisance and are contrary to the public
health,safety and welfare of the citizens of the City of Apache Junction,
and:
WHEREAS,the following minimal regulations controlling construction noise will
advance the public health,safety,and welfare:
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,as follows:
SECTION I IN GENERAL
That Chapter 10 of the Apache Junction City Code be amended by adding Sections
10-1-12 (C)through (G),Construction Noise Regulations,to read as follows:
Section 10-1-12 Noise
C.I t is hereby declared to be a public nuisance and is unlawful for
any person,firm or corporation,to engage in construction
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activities as delineated below,within the corporate limits of the
City,during the prohibited times set forth in Section 10-1-12(D),
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 five hundred (500)
feet of the construction site."Construction activities"include,
but are not limited to the following:
1)the making of an excavation,clearing of surface land and
loading or unloading material,equipment or supplies:
2)the operation of mechanically powered tools,including but
not limited to a cement mixer,pole driver,power shovel,
pneumatic hammer,derrick,or power hoist.
D.The prohibited time periods for construction activity are as
follows:
1)before 5:00 a.m.Arizona State Time and after 6:30 p.m.
Arizona State Time,Monday through Friday from April 15 to
October 15.
2)before 6:00 a.m.Arizona State Time and after 6:30 p.m.
Arizona State Time Monday through Friday during the
remainder of the year.
3)before 7:00 a.m.Arizona State Time and after 5:00 p.m.
Arizona State Time on Saturdays and Sundays throughout the
year and holidays recognized by the City of Apache Junction.
E.The following activities shall be excluded from such prohibition:
1)noise generated by work being performed by a resident of a
building or structure,which may continue until 9:00 p.m.,
but may not begin earlier than the times set forth in
subsection (D).
2)noise resulting from an emergency,including but not limited
to repair of roofs,windows,doors,and electrical,plumbing
and mechanical equipment.An "emergency"means any
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situation where work must be performed in order to prevent
serious physical injury to persons or property.
F.The "construction activities"noted in E2 above may be conducted
at prohibited times,if upon written application,a permit is
obtained before such activities commence,from the City Manager or
a designee.The written application must contain information
which demonstrated that the need to engage in such activity is an
urgent necessity,and barring such activity would constitute an
unreasonable hardship on the applicant.
If the City Manager or a designee determines that granting of the
permit would impair the public health,safety,and welfare,the
permit shall be denied.If determined otherwise,the permit shall
be granted and the construction activity allowed to take place
during any or all of the prohibited hours.
In determining whether to grant the permit,the City Manager or a
designee shall balance the hardship to the applicant against the
adverse impact on the health,safety and welfare of the persons
most likely affected,the adverse impact on the property affected,
and any other adverse effects of granting the permit.
Permits shall be granted by giving written notice to the applicant
with any necessary conditions,including a time limit on the
permitted activity,which in no case shall exceed thirty (30)
days.The permit shall not become effective until all conditions
are communicated in writing,understood and agreed upon by the
applicant.Non-compliance with any condition in the permit shall
be grounds for revocation of the permit.An applicant may appeal
the refusal to issue a permit or the revocation of a permit to the
City Council,who has the final authority to grant,refuse,or
revoke a permit.
G.Violation of any provision of Section 10-1-12 (C)through (F)is a
misdemeanor and is punishable pursuant to Article 1-8(A)of this
code.
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SECTION I I REPEALING OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances and/or provisions of the Apache
Junction City Code which are in conflict with the provisions of this ordinance
are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section,sub -section,sentence,phrase,clause or portion of this
ordinance or any part of the Code adopted herein by reference is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction,such decision shall not affect the validity of the
remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION.ARIZONA,THIS 4TH DAY OF NOVEMBER 1997
SIGNED AND ATTESTED TO THIS
1997.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
iq •
R.JOELJOEL STERN
City Attorney
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4TH DAY OF NOVEMBER
DOUGLAS COLEMAN
Mayor