[HISTORY: Adopted by the Board of Aldermen of the City of Nashua as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 105.
Noise — See Ch. 201.
[Adopted 12-22-1987 by Ord. No. O-87-167 (Secs. 14-32 to 14-37 of the 1987 Code)]
[Amended 2-26-2008 by Ord. No. O-08-07]
It is hereby determined that certain noise levels are detrimental to the public health, welfare and safety, jeopardize the value of property, erode the integrity of the environment, annoy or disturb a reasonable person of normal sensibilities, disrupt the quality of life, and are contrary to the public interest of the citizens of Nashua.
As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION
Any site preparation, excavation, grading, assembly, erection, substantial repair or alteration of any building, structures or land, public or private, together with any associated scientific or engineering surveys shall constitute construction. The term "construction" shall include the operation or the causing to be operated of any equipment used in the construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto. Said equipment includes, but is not limited to, a pile driver, shovel, hammer, derrick, hoist, tractor or roller.
DEMOLITION
Any dismantling, intentional destruction or removal of structures, surfaces or similar property, public or private. Emergency situations under the direction of local officials are exempted, in accordance with § 201-2 of Chapter 201, Noise, of the City Code.
DWELLING UNIT
Any building or separate portion thereof used for residential purposes. The term shall include, but not be limited to, single-family dwellings, apartments, condominiums and other distinct residential units.
EMERGENCY WORK
Any work performed to protect, maintain or restore safe and/or healthful conditions in the community, along with work performed by private or public utilities when restoring utility service.
PERSON
Any individual, association, partnership or corporation, or any other entity, public or private in nature.
[Amended 10-26-2004 by Ord. No. O-04-41; 2-26-2008 by Ord. No. O-08-07]
There shall be no construction or demolition in any residential zone as defined in Chapter 190, Land Use, or within 600 feet of any dwelling unit in the City of Nashua by any person, other than what is deemed emergency work by the Director of the Code Enforcement Department and work authorized by the Director of Public Works, between the hours of 8:00 p.m. and 7:00 a.m. on Sunday through Friday, and between the hours of 7:00 p.m. Saturday and 8:00 a.m. Sunday and holidays.
In the case of urgent necessity and in the interest of public health and safety, a permit may be granted by the Director of the Code Enforcement Department to perform such emergency work as defined in § 128-2. Said permit shall be granted for a period not to exceed three days or for the duration of the emergency, whichever is greater. No permit will be required for any emergency work performed by any City department, including but not limited to police, fire, public works or civil defense response.
The primary responsibility for the enforcement of the provisions of §§ 128-1 and 128-2 and § 201-2 of Chapter 201, Noise, shall be with the Nashua Police Department. The Director of the Code Enforcement Department and the Zoning Administrator shall also have authority to enforce these sections.
[Amended 8-9-2005 by Ord. No. O-05-96]
A. 
Any person who violates any portion of this article, shall be, upon conviction, guilty of a violation and fined not less than $100.
B. 
Any person who violates any portion of this article shall receive a written order to cease or abate the noise immediately or within such reasonable time period as the enforcing official shall order.
C. 
If the order to cease or abate construction is not complied with, or is complied with and then violated again within 24 hours, the person found in violation of any of the provisions of §§ 128-3 and 128-4 of this article shall be guilty of a violation of these sections. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable under the general penalty provisions of § 1-12 of the City Code.
[Adopted 8-9-1994 by Ord. No. O-94-33 (Sec. 14-39 of the 1987 Code)]
During the course of any work involving construction or demolition, earth hauling, moving, leveling, grading or excavation suitably effective and reasonable measures satisfactory to the Health Officer shall be employed to control dust, dirt or other particles so that they will not be discharged in such a manner as to violate the provisions of the City Code.