A. No person shall engage in construction, maintenance or repair work which requires a city permit between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. of any day, or at any time on a Sunday or a holiday set forth below unless such person has been issued an after hours construction permit issued pursuant to subsection C of this section. In addition, no person shall engage in such work within a residential zone, or within five hundred feet (500') of a residential zone, at any time on a Saturday unless such person has been issued an after hours construction permit issued pursuant to subsection C of this section. For the purpose of this section, "holiday" shall mean:
1. New Year's Day.
2. Martin Luther King Jr. Day.
3. Presidents Day.
4. Memorial Day.
5. Independence Day.
6. Labor Day.
7. Yom Kippur.
8. Veterans Day.
9. Thanksgiving Day.
10. The Friday following Thanksgiving Day.
11. Christmas Day.
Nothing in this section shall restrict the performance of "emergency work" as that term is defined in section 5-1-102 of this chapter.
B. No person employed for the purposes of construction, maintenance, or repair work which requires a City permit shall enter a site on which such work will be done prior to eight o'clock (8:00) A.M. Any violation of this subsection shall be deemed to be an infraction.
C. The City building official, after consultation with appropriate City officials, may issue an after hours construction permit authorizing work and/or entrance to a work site otherwise prohibited by this section if the City building official determines that the public interest will be served by such a permit. Situations in which the public interest may be served by the issuance of such an after hours construction permit includes, but are not limited to, construction near school grounds, and construction that may interfere with vehicular or pedestrian traffic in heavily traveled public rights-of-way.
D. Applications for an after hours construction permit issued pursuant to subsection C of this section shall be in writing and shall set forth how the public interest will be served by issuing the permit. An after hours construction permit may be revoked or suspended by the City building official if the City building official determines that activity conducted pursuant to the permit detrimentally affects the public health, safety or welfare. (Ord. 11-O-2613, eff. 10-31-2011; amd. Ord. 20-O-2816, eff. 8-21-2020)