Chapter 19.05
CONSTRUCTION AND EXCAVATION ACTIVITIES – NOISE RESTRICTIONS
Sections:
19.05.010 Declaration of policy and purpose.
19.05.030 Construction and excavation – Nighttime restrictions.
19.05.010 Declaration of policy and purpose.
It is the policy and purpose of the council to prohibit, in residential areas within the limits of the city, during certain hours of the nighttime, excessive, annoying or disturbing noise created by construction and excavation activities. The citizens and inhabitants of residential areas of the city have a right to expect protection from the creation of noise from construction and excavation activities during certain hours of the nighttime that is detrimental to their peace, repose, health and welfare, and in the public interest such noise shall be systematically proscribed. (Ord. 1024 § 1, 1984)
19.05.020 Definitions.
As used in this chapter, the following terms shall have the meanings as defined in this section:
“Construction” means any site preparation, assembly, erection, repair, alteration, demolition, or similar action.
“Emergency” means a public calamity or a condition which may require immediate action to protect persons from actual or imminent exposure to danger or to health or safety hazards or to protect property from damage.
“Excavation” means the mechanical removal or moving of earth material, including the discharge of explosives for such purpose.
“Investigating officer” means the chief of police, fire chief, or building official and their designees.
“Residential area” means property designated for any residential use in the zoning ordinance of the Ketchikan Gateway Borough Code of Ordinances. (Ord. 1024 § 1, 1984)
19.05.030 Construction and excavation – Nighttime restrictions.
No person shall, within a residential area, or within a radius of 500 feet thereof:
(a) Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure;
(b) Operate, cause or permit the operation of any tools or equipment used in construction, drilling, repair, alteration, demolition or excavation work;
(c) Prepare to excavate, excavate, level or grade any site, or dump spoils, debris or refuse at any site; or
(d) Operate, or cause or permit the operation of any truck hauling materials or other objects to or from such buildings or sites or loading or unloading materials or other objects at such buildings or sites between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day such that the sound therefrom annoys or disturbs a reasonable person of normal sensitivities residing in that residential area, except as authorized:
(1) In the discretion of the city manager or director of public works to allow work until midnight, for the expeditious completion of the project;
(2) By a duly issued and currently valid special variance obtained pursuant to KMC 19.05.040;
(3) As a negotiated term or condition in a public improvement contract previously negotiated and approved by the council; or
(4) Unless the activity is exempt from the provisions of this chapter pursuant to KMC 19.05.050. (Ord. 1661 § 1, 2010; Ord. 1024 § 1, 1984)
19.05.040 Special variances.
(a) Application. Any person seeking a special variance from the time or noise restrictions set forth in this chapter shall file an application for a special variance with the director of public works or his or her designee. Such application shall be filed not less than 20 days prior to the first date on which the proposed event or activity under the requested variance is to commence. The application shall contain the following information:
(1) Name, address and telephone number of the applicant;
(2) Description of equipment, device, event, activity, or other sources of the noise sought to be permitted;
(3) Description of the area and location where the event, activity, or other sources of the noise sought to be permitted is proposed to occur;
(4) Schedule of dates and times for which the special variance is requested;
(5) Statement of facts constituting the necessity for the special variance;
(6) Such other information as the director of public works or his or her designee may deem necessary to make a determination on the application.
(b) Fee. The application fee for a special variance shall be $10.00, which fee shall be nonrefundable and payable at the time of filing of the application.
(c) Public Notice and Comment. Upon receipt by the director of public works or his or her designee of a completed application for the issuance, extension or modification of a special variance, including the requisite fee, public notice of such application shall be posted by the director of public works or his or her designee in the city offices and at least three conspicuous public places in the area where the proposed event or activity is to occur. Any person who claims to be adversely affected by such a variance, if allowed, may, within five days after the date of posting of the notice, file a statement with the director of public works or his or her designee containing sufficient information to support the claim.
(d) Issuance Standards. In determining whether to grant a special variance, the director of public works or his or her designee shall consider and balance the hardship to the applicant, the community and other persons if the variance is not granted against any adverse impact on the health, safety or welfare of any person affected, and the adverse impact on the area affected, if the variance is granted. Special variances shall not be granted unless the noise impact on affected persons or areas is found by the director of public works or his or her designee to be acceptable or sufficiently justified. A special variance shall include any conditions deemed reasonably necessary by the director of public works or his or her designee to mitigate the adverse impacts of the activity, including limitation on the times during which the activity is to be permitted. The applicant shall be notified in writing as to the director of public works’ or his or her designee’s decision on the grant or denial of the special variance.
(e) Posting of Special Variance. The special variance issued under this section shall be posted by the applicant in a conspicuous place at the location where the event, activity, or other source of noise permitted by such variance is to occur.
(f) Revocation. The director of public works or his or her designee may at any time revoke a special variance by written notice to the person to whom the variance was granted for noncompliance with any condition of the special variance. Upon revocation of the variance, all provisions of this chapter regulating the noise or activity creating a noise for which the special variance was granted shall be applicable.
(g) Extensions. Application for extension of time limits specified in a special variance or for modification of any other conditions shall be treated like an initial application for special variance. The application fee for an extension or modification shall be $5.00, which fee shall be nonrefundable and payable at the time of filing of the application.
(h) Inspection. Acceptance of a special variance by an applicant shall constitute consent of the applicant for investigating officers to enter upon and inspect the premises, and to take all action necessary to ascertain and confirm that all of the conditions upon which the variance was granted are being fully complied with.
(i) Appeal. A decision of the director of public works or his or her designee denying an initial application for a special variance, or denying an application for an extension or modification of a special variance, or revoking a special variance, may be appealed to the building code appeals board established pursuant to the edition of the International Building Code adopted by KMC 19.04.010, by filing a written notice of appeal with the director of public works or his or her designee not more than five days from the date of the decision being appealed. The director of public works or his or her designee shall present the appeal to the board at its next regular or special meeting. An appeal filed pursuant to this subsection shall be treated by the board in the same manner as an appeal under the International Building Code. With the exception of a decision denying an initial application for a special variance, the enforcement of the decision of the director of public works or his or her designee shall be stayed during the pendency of the appeal therefrom; provided, that any decision of the director of public works or his or her designee shall not be stayed and may be enforced during the pendency of the appeal therefrom upon the issuance by the board of an enforcement order based on a written finding made by the director of public works or his or her designee of immediate danger to life, property or safety. (Ord. 1661 § 2, 2010; Ord. 1024 § 1, 1984)
19.05.050 Exemptions.
The provisions of this chapter shall not apply to:
(a) The emission of sound from municipal, state or federal vehicles, equipment or warning devices engaged in necessary operations (including but not limited to snow removal, road maintenance, repair or maintenance of public service utilities, and disaster or alert warnings) for the convenience, safety or health of the general public;
(b) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of work by any person undertaken for the purpose of responding to or alleviating an emergency. (Ord. 1024 § 1, 1984)
19.05.060 Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter or a special variance issued pursuant thereto shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500.00, or imprisonment for not more than 30 days, or both such fine and imprisonment. A separate offense shall be deemed committed on each day during which a violation occurs or continues. (Ord. 1024 § 1, 1984)