10-1-4 Noise.
A. No person shall negligently make, cause, or permit unreasonable noise.
B. Noise made for the following purposes is exempt from subsection (A) of this section:
1. Emergency activities necessary to restore property to a safe condition after a natural disaster or occurrence;
2. Protecting people or property from imminent danger;
3. Governmental activities;
4. Activities sponsored or sanctioned by the Town Council;
5. Operation, maintenance, or repair of heavy equipment between sunrise or 6:00 a.m., whichever is later, and sunset.
6. Noise generated by construction, demolition, excavation or grading according to the following restrictions:
a. Concrete. The pouring of concrete and all associated work may be conducted from April 15th through October 15th between the hours of 5:00 a.m. and 7:00 p.m., and from October 16th through April 14th between the hours of 6:00 a.m. and 6:00 p.m., or as authorized pursuant to an Extended Construction Hours Work Permit (ECHWP) issued under Oro Valley Town Code Section 6-6-2.
b. All Other Construction. Within five hundred (500) feet of a residential zone, all other construction may occur between the hours of 6:00 a.m. and 6:00 p.m. Construction sites more than five hundred (500) feet from a residential zone may conduct work between the hours of 5:00 a.m. and 6:00 p.m. Construction hours may be extended pursuant to an ECHWP issued under Oro Valley Town Code Section 6-6-2. The distance from a residential zone shall be determined by measuring from all property lines of the construction site.
C. The exact time of sunrise and sunset will be as reported by the National Weather Service.
D. Factors that may be considered in determining the reasonableness of the noise are, but not limited to:
1. The level, character, frequency and duration of the noise;
2. The necessity of the noise;
3. The proximity of the source to inhabited structures;
4. Hardship to the perpetrator if noise discontinued or limited;
5. Character and zoning of neighborhood;
6. Time of noise.
E. Violation of this section is a Class 1 misdemeanor. ((O)08-09, 05/07/2008)