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0642 Construction Hours 2007SUMMARY OF ORDINANCE NO. 642 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Section 9.32.010 to revise those activities to which the section does not apply; amending section 16.16.020 to revise the hours for operation of construction activities and providing for the city engineer to grant an exception to the hours is necessary to minimize traffic or other interference; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections and provisions of Chapters 9.32 and 16.16 not herein amended shall remain in full force and effect; providing that this ordinance shall be infullforce and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone,Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 642 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of(✓v�-C .:. , 2007 SUMMARY OF ORDINANCE NO. _ - Pape 1 chubbuck062807.summary642.wpd CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 64 2 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 9.32:010 TO REVISE THOSE ACTIVITIES TO WHICH THE SECTION DOES NOT APPLY; AMENDING SECTION 16.16.020 TO REVISE THE HOURS FOR OPERATION OF CONSTRUCTION ACTIVITIES AND PROVIDING FOR THE CITY ENGINEER TO GRANT AN EXCEPTION TO THE HOURS IF NECESSARY TO MINIMIZE TRAFFIC OR OTHER INTERFERENCE; REPEALING PRIOR CONFLICTING {ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 9.32 AND 16.16; NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALLBECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 9.32.010 is amended as follows: 9.32.010 Public Disturbance Noises: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: A. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; B. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., or at any time and place so as to unreasonable disturb or interfere with the peace, comfort and repose of owners or possessors of real property; Ordinance- Page 1 chubbuck032007ord.wpd r_� D. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions, or social gatherings; E. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the vehicle itself; F. Sound fibro -audits equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than fifty feet (50') feet from the source, and if not operated upon the property of the operator. address systents for basebaff gwries or park concerts The fbregoi shaH not apply toregulariy scheduled events at parks, such aa The foregoing provisions shall not apply to the following activities: A. Regularly scheduled events at parks, such as public address systems for baseball games or park concerts. B. Construction or maintenance activities on publicly owned streets or other infrastructure that must be Clone at unusual hours or times necessary to minimize interference with traffic. Section 2. Section 16.16.020 is amended as follows: 16.16.020 Hours 4f Operation: All grading construction and/or maintenance operations in or contiguous to residential neighborhoods shall be carried on between the hours of -sewn P.M.thirty o'clock (7*30) A.M. and six o'clock (6.00) seven o'clock (7:00) A.M. and seven o'clock (7:00)P.M. The city engineer may authorize operations at other hours only if it is shown Ordinance - Page 2 chubbuck032007ord.wpd • that restricting the hours of operation would unduly interfere with the development of the property or ifp2erations must be done at times that would minimize traffic or other interference, and if it is shown that the neighboringproperties would not be adversely affected. ADMINISTRATIVE PROVISIONS Section 1. Re en al of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 9.32 and 16.16 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 26T1day of JUNIE '2007. ATTEST: 4 e, OW14� RON CONLIN, CITY CLERK Ordinance - Page 3 chubbuck032007ord.wpd