[Ord. #578, §§ 3-1.1 through 3-1.5; Ord. #1227,
§§ 1, 2; Ord. #1444, 2-13-2001, amended; Ord. #1489, 8-14-2001, amended;
Ord. #1742, 9-30-2004, amended; Ord. #2119, 8-10-2010, amended]
a.
CONSTRUCTION ACTIVITIES
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Includes excavation, earthmoving, demolition, construction,
repair and/or alteration and shall also include deliveries and/or
pickups related to any of the above.
b.
Unnecessary Noise Unlawful. It shall be unlawful for
any person to make, continue, suffer, permit, allow or cause to be
made or continued, upon any premises occupied or controlled by him,
any excessive, unnecessary or unusually loud noise from construction
activities, which either annoys, injures, disturbs or endangers the
comfort, health, repose, peace or safety of others within the Township
or which are so harsh, prolonged or unusual in their use, time and
place as to annoy, disturb or endanger the comfort, health, repose,
peace or safety of others. Loud, disturbing, injurious, unnecessary
and unlawful noise from construction activities in violation of this
subsection includes but is not limited to the following:
1.
Construction activities conducted before 7:00 a.m.
or after 7:00 p.m., Monday through Friday.
2.
Construction activities conducted before 8:00 a.m.
or after 5:00 p.m., Saturday.
3.
Construction activities conducted on Sunday.
4.
Construction activities conducted on the days on which
the following holidays are observed.
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New Year's Day (January 1)
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Birthday of Martin Luther King, Jr. (third Monday
in January)
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President's Day (third Monday in February)
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Memorial Day (last Monday in May)
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Independence Day (July 4)
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Labor Day (first Monday in September)
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Columbus Day (second Monday in October)
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Veterans Day (November 11)
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Thanksgiving Day (fourth Thursday in November)
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Christmas Day (December 25)
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c.
Exceptions.
1.
A person may perform construction work on the person's
own property, provided that such construction activity is not carried
on for profit or livelihood, between the hours of 10:00 a.m. and 5:00
p.m. on Sunday and holidays.
2.
In the case of an emergency or in the interest of
public health and safety, the Township Engineer may grant permission
to work outside of the hours or days stated above.
d.
Fines. Any person who shall conduct any construction
activities in violation of this subsection shall be punishable by
a fine not to exceed $100 for the first offense and not to exceed
$1,000 for each subsequent offense. Each day during or on which a
violation occurs or continues shall be deemed a separate offense.
e.
Persons Liable. The owner of any structure, lot of land or part thereof and/or the tenant or occupant of any building or structure, lot of land or part thereof who conducts or causes to be conducted or assists in any construction activities in violation of this subsection and any architect, builder, developer, contractor, agent, person or corporation who engages in or assists in the commission of such violation shall each be guilty of a separate offense and, upon conviction thereof, shall each be liable to the fine specified in Subsection 3-9.1d.
[Ord. #1489, 8-14-2001, added]
Loading, unloading, opening, closing or other
handling of doors, boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects, or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form, or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, whether private
or municipal, shall not be allowed between the hours of 8:00 p.m.
and 7:00 a.m. in the B-1 Village Business, B-2 Neighborhood Business,
B-3 Historic Business, B-4 Liberty Corner Business, B-5 Village Center
Zones and in the Village Center in the PUD-5 Zone.
