Title
AN ORDINANCE REPEALING SECTION 648.12 OF THE CITY’S GENERAL OFFENSES CODE REGARDING CONSTRUCTION WORK AT NIGHT.
Brief Description: Section 648.12 was adopted in 1992 and was superseded after merger with the adoption of the Land Development Code. Section 1207.10, Performance Standards, (a)(3)E regulates the permissible hours for the use of construction equipment or performing construction operations in Hudson, except for temporary conditions approved by the City Manager.
Body
Legislative History
Ordinance No. 92-27, enacting Section 648.12 Construction Work at Night, passed 4-6-1992.
Ordinance No. 99-130, adopting the Land Development Code and Official Zoning Map, passed 12-1-1999 (and subsequently amended).
Purpose & Explanation
Section 648.12, Construction Work at Night was superseded by the Land Development Code, Section 1207.10 (a)(3)E, which currently states that:
“No person shall use any pile driver, shovel, hammer derrick, hoist tractor, roller, or other mechanical apparatus operated by fuel or electric power in building or construction operations between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday or between the hours of 7:00 p.m. on Saturday and 9:00 a.m. on Sunday (and all holidays observed by the City of Hudson) or after 5:00 p.m. on Sunday within a residential area, or within 500 feet of a school, except for temporary conditions approved by the City Manager.”
Therefore, staff recommends that Section 648.12 be repealed.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other, not applicable.
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends passage of this Ordinance, repealing Section 648.12 of the Codified Ordinances.
Submitted by,
Jane Howington, City Manager
Matthew J. Vazzana, City Solicitor