HomeMy WebLinkAboutResolution 2014 - 11 Construction NoiseC I T Y O C
REXBURG
Americas Family Community
Construction & Other Noises
Resolution 2014 —11
LET IT BE KNOWN TO ALL PERSONS OF the City of Rexburg that
Construction Noise and other noises including snow removal equipment are allowed
by the city of Rexburg's noise policy. A noise variance for construction outside the
regular hours may be granted for short periods of time, following Staff review.
Certain types of construction — including some interior work — are allowed at any
time.
A. Construction noise on property in the Residential Zones, from construction
sites, including but not limited to sounds from construction equipment, power
tools and hammering before 7:00 a.m. and after 10:00 p.m. are prohibited.
Construction noise on Sunday's before 9:00 a.m. and after 10:00 p.m. are
prohibited;
B. Construction activity may be permitted outside the hourly limits set forth in
subsection (A) upon application and approval by the city Community
Development Director. Criteria for approval shall include project remoteness,
undue hardship or other reasonable standards. Approval may only be for
specific dates and times and other compelling reasons. The applicant must show
the city that the need for expansion of the hours is caused by circumstances of
an unforeseen and emergency nature or circumstances where there are no other
reasonable alternatives other than the relief requested. Approval may only be
for specific dates and times and under terms that the approving official deems
appropriate under the circumstances;
C. The request for the expansion of the hours for construction related noise shall
be made in writing to the Community Development Director, on forms
available from the planning and development department. Decisions of the
Community Development Director on such requests may be appealed based
solely on the above criteria by a party affected by the decision to the city's city
council;
D. It is further provided that the mayor or designee shall be entitled to exempt
from the provisions of this subsection (A) public agency projects involving
work in public rights -of -way, right-of-way agreements and right-of-way permits,
where noise is addressed as a condition of approval or agreement;
E. Sounds originating from residential property relating to temporary projects
performed by the homeowner for the maintenance or repair of homes, grounds
and appurtenances, including but not limited to sounds from lawnmowers,
powered hand tools, and any other power motorized equipment before 7:00
a.m. and after 10:00 p.m. on any day of the week except Sunday and before 9:00
a.m. and after 10:00 p.m. on Sundays;
F. Continuing and/or ongoing sounds from nonemergency motor vehicles audible
more than 25 feet away from the vehicle located on or in the vicinity of
residential property, which sounds reasonably cause the annoyance or
disturbance of two or more neighbors not residing at the same address, due to
the ongoing or repetitive nature of the sounds, or the very early or very late
hours of the sounds. For the purposes hereof, sounds coming from motor
vehicles, including but not limited to engine sounds, horn sounds, hydraulic or
air break sounds, or other equipment located on the motor vehicle or attached
trailer, that are audible more than 25 feet away from the vehicle located on or in
the vicinity of residential property, from 10:00 p.m. to 7:00 a.m. on any day of
the week except Sunday and from 10:00 p.m. to 9:00 a.m. on Sundays, shall be
presumed to be a public disturbance noise. Such presumption shall only be
rebutted upon a showing before the adjudicatory body that the noise was
caused by circumstances of an unforeseen and emergency nature.
G. Continuing and/or ongoing sounds from stereos, radios, televisions, or any
musical instruments audible more than 25 feet away which sounds reasonably
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cause the annoyance or disturbance of two or more neighbors not residing at
the same address, due to the ongoing or repetitive nature of the sounds, or the
very early or very late hours of the sounds. For the purposes hereof, sounds
coming from musical or viewing devices that are audible more than 25 feet away
from 10:00 p.m. to 7:00 a.m. on any day of the week except Sunday and from
10:00 p.m. to 9:00 a.m. on Sundays, shall be presumed to be a public
disturbance noise.
H. It is also unlawful, and a violation of this policy, for the owner or other person
having control or custody of any dog, cat, or other animal to allow such dog,
cat, or other animal to habitually howl, yelp, bark, or make other noises which
unreasonably disturb another person.
I. Exclusion. This Resolution shall not apply to community events such as
parades, regularly scheduled fireworks lawfully discharged within the city, events
at parks, such as public address systems for baseball games or park concerts
between the hours of 9:00 a.m. and 11:00 p.m.... This Resolution shall also not
apply to public safety training activities between the hours of 7:00 a.m. and
11:00 P.M.
BE IT RESOLVED that Resolution 2014 — 11 is hereby approved and adopted
by the City Council of the City of Rexburg this 6`h day of August, 2014.
This Resolution shall take effect August C", 2014.
ATTEST:
Blair D. Kay, City Clerk
Richard S. Woodland, Mayor
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