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View Full Version : unbelievable construction laws ; Read this!!



Clarence Martin
02-19-2015, 2:40 PM
Do they REALLY expect people to comply with this law ???


"Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m. and 4:00 p.m. on Saturdays in areas zoned as residential, or in areas zoned business, industrial or non-residential where one or more of the property lines for the property on which the construction activity is occurring directly abuts or is adjacent to a residentially zoned property which is in fact being utilized for residential purposes. No construction shall be permitted on Sundays or on national holidays."

Michael Weber
02-19-2015, 3:07 PM
not sure how to read that. Doesnt make a lot of sense however you read it. it makes more sense if the first words said "except between'

Jim Koepke
02-19-2015, 3:08 PM
Do they REALLY expect people to comply with this law ???

No, they just expect to rake it in on variance fees.

Really though, do you want to be woke up on a Saturday morning, or any other day of the week, to the sound of trucks backing up and the pounding of hammers?

I wish they had such ordinances against people using those infernal leaf blowers at 6:00 am.

jtk

Larry Edgerton
02-19-2015, 3:23 PM
You don't reference where this is a ordinance. State, Local, Federal?

Larry

Brian Elfert
02-19-2015, 4:12 PM
This is a fairly common rule for builders although they are stricter than some cities. I don't know if it applies to someone working on their own home. I've certainly done work on Sundays with no complaints, but I am usually running nothing noisier than a circular saw.

I suspect the OP didn't post the entire ordinance.

Tim Boger
02-19-2015, 4:36 PM
Really seems straight forward to me, weekdays we always started work at 7am but did make an effort to not make a ton of noise before 8:00 / Saturday we'd start at 8am and keep it down at least until 9ish .... pissed off neighbors are no fun to deal with when you just woke them up.

roger wiegand
02-19-2015, 4:36 PM
I wish they had such ordinances against people using those infernal leaf blowers at 6:00 am.

jtk

In most of the towns around here that would surely get you a citation, those ordinances are in place and enforced. The town next door is discussing banning them completely, they've had a couple public forums to discuss writing an article for town meeting.

Judson Green
02-19-2015, 4:43 PM
makes sense to me and I sure would hope that they would ban those leaf blowers, I really don't feel save anytime either

Bill Orbine
02-19-2015, 4:48 PM
If this law/ordinance is about "disturbing the peace", it seems reasonable. Start work at 8am... Time to go home at dinner time. Take Sunday off. I work on the field a lot and, yes, I respect the laws but I also know it's miller time.

I, too, also suspect the OP didn't post the entire ordinance.

Brian Elfert
02-19-2015, 5:03 PM
For those home builders in northern climates they like to work as many hours as they can during the warm months as there is little or no work in the winter. Many would work 12 to 14 hours a day 7 days a week if they could.

I wouldn't like it if leaf blowers were outlawed. I only use mine to clear off my driveway. I don't run it for long. It takes five to ten minutes to do the driveway a few times a month. My parents have a neighbor who uses his leaf blower at least five days a week in the summer for long periods of time. Those are the people that ruin it for those who are responsible users of leaf blowers.

Clarence Martin
02-19-2015, 6:23 PM
Here is the whole Ordinance:

Sec. 26-128. - Unreasonably loud noise prohibited.




It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time.
(2)
Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3)
Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of 100 feet from the building, structure or yard in which the dog, animal or bird is located.
(4)
Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper city or county authorities.
(5)
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises therefrom.
(6)
Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area.
(7)
Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street.
(8)
Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
(9)
Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise.
(10)
Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this county for any purpose of any device known as a sound truck, loud-speaker or sound amplifier or radio or any other instrument of any kind or character which emits there from loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker-type devices in political campaigns.
(11)
Commercial power tools and landscaping equipment. The commercial operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chainsaws, power tools and other noise-producing tools between the hours of 6:30 p.m. to 7:30 a.m. on weekdays, 6:30 p.m. to 9:00 a.m. on Saturdays. No commercial operations would be permitted on Sundays and national holidays.
(12)
Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area.
(13)
Construction. This section shall not be construed to prohibit construction work that does not generate noise. It is intended solely to regulate the noise generated by construction activities.
a.
Definitions:
i.
Construction shall have the same meaning as given that term in the Florida Building Code (2007), as the same may be amended from time to time.
ii.
Adjacent means any receiving property separated by a street, alley, canal, and/or easement which is touched by a line drawn perpendicular from any portion of the property generating the sound.
Construction shall be permitted only during the hours set forth herein. All equipment shall be operated in accordance with manufacturer's specifications, shall be in good repair and shall utilize all noise baffling methods as specified by the manufacturer, such activities shall occur only as follows:
b.
Between the hours of 6:00 a.m. and 7:00 p.m. seven days a week in areas zoned as business, industrial, or non-residential, except as provided in subsection (13)c. of this section.
c.
Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m. and 4:00 p.m. on Saturdays in areas zoned as residential, or in areas zoned business, industrial or non-residential where one or more of the property lines for the property on which the construction activity is occurring directly abuts or is adjacent to a residentially zoned property which is in fact being utilized for residential purposes. No construction shall be permitted on Sundays or on national holidays.
d.
Notwithstanding the provisions set forth in this subsection (13), the building official may authorize, in writing and in advance, any construction activity at a particular site within subsection (13)b. of this section at times outside of the allowable times up to the duration of the project.
e.
Under emergency circumstances only, the building official may authorize, in writing and in advance, any necessary construction activities outside of the allowable times on weekdays and Saturday abutting an occupied site within subsection 13c. of this subsection. Such authorizations may be granted for a period of time not to exceed 72 consecutive hours following the regular allowable time. Notwithstanding this subsection with respect to work on adjacent properties the building official may authorize work outside of the allowable times on any day except Sundays.
The work authorized by the building official pursuant to this subsection may be conditioned upon notice to surrounding property owners and tenants. Any approvals granted pursuant to this subsection will not be interpreted as constituting compliance for any violation of this section that occurred prior to the issuance of the written approval. The work authorization may be revoked at the discretion of the building official at any time.
(Ord. No. 2007-12, Exh. A(ch. XV, 21(b)), 8-22-2007; Ord. No. 2011-01, 2, 2-9-2011)





From the City of Doral, Florida.

Clarence Martin
02-19-2015, 6:30 PM
Now, I can't see why someone can't do a little work around their own house that they pay TAXES on when it is a SUNDAY!:rolleyes: I have planed lumber outside in my backyard on a SUNDAY MORNING, and never once have I ever had a Neighbor complain. As for the shut off time they have in that Ordinance, heck , the Sun does not set till almost 9:00 PM during the Summer.

Todd Burch
02-19-2015, 7:19 PM
What part of the ordinance is constraining you, and what activity are you seeing as difficult to comply with?

It talks about power tools, but only when used in a commercial capacity.

It talks about construction, but a hobbyist making a cabinet or table, for example, as far as I read it, don't apply here.

Steve Peterson
02-19-2015, 8:44 PM
Are those CC&Rs? Our neighborhood has similar rules, although not quite so exhaustive. I believe that they allow construction starting at 7AM during the week. I think I need to try to limit my noisy woodworking tasks to the allowable construction hours. Sunday is quiet time. I can't wait until I retire, so I can do stuff mid week and in the middle of the day.

There are restrictions about commercial lawn mowing times, but homeowners seem to run their own equipment as soon as the sun comes up.

Steve

Ole Anderson
02-20-2015, 12:35 AM
Obviously those are municipal rules, not HOA rules and typically are to prevent a contractor from running bulldozers and other heavy equipment adjacent to residential zones at times when folks typically expect a reasonable amount of quiet. But it looks like Doral FL might have taken the noise issue to the extreme.

Larry Edgerton
02-20-2015, 7:56 AM
This is a fairly common rule for builders although they are stricter than some cities. I don't know if it applies to someone working on their own home. I've certainly done work on Sundays with no complaints, but I am usually running nothing noisier than a circular saw.


THIS! To make my point its -30 here this morning. Up here we have to make hay while the sun shines.

This is typical. The people that want the ordinance already have their homes and have already disturbed someone that was there before them, but now that they are there lets make it difficult and more expensive for anyone else.

That ordinance is so wide open to interpretation that the inevitable neighborhood pain in the tush could make someones life miserable just for fun.

Rod Sheridan
02-20-2015, 8:25 AM
Aside from the fact that it seems to be missing a couple of words, that looks very similar to most noise bylaws I'm familiar with.......Rod.

Rod Sheridan
02-20-2015, 8:29 AM
Now, I can't see why someone can't do a little work around their own house that they pay TAXES on when it is a SUNDAY!:rolleyes: I have planed lumber outside in my backyard on a SUNDAY MORNING, and never once have I ever had a Neighbor complain. As for the shut off time they have in that Ordinance, heck , the Sun does not set till almost 9:00 PM during the Summer.

I'm not sure why you think paying taxes would exempt you from the law?

If construction activities make noise, they're subject to the bylaws you provided.

Painting your fence or other quiet activities wouldn't be a problem.........Rod.

Phil Thien
02-20-2015, 8:42 AM
I suppose ordinances like this are in response to people that don't have any consideration for their neighbors, and will run noise-makers 24/7 unless prevented.

Around here this sort of stuff is rarely enforced, but is a tool in the event that law enforcement must get involved. So if your neighbors are okay with you running an electric paint scraper on Sunday to remove all the paint from your garage (as I did, so it could be repainted), you're free to do so.

If you push the envelope with the noise makers and they politely ask you to wrap it up for the day, and then you turn into a jerk, well then the men in blue can read the ordinance to you.

Phil Thien
02-20-2015, 8:47 AM
That ordinance is so wide open to interpretation that the inevitable neighborhood pain in the tush could make someones life miserable just for fun.

That IS a problem. I had one of those neighbors when I first purchased this house. Even claimed there was an ordinance against outdoor security lights.

Sure was glad he moved.

OTOH, those ordinances actually HELP protect against jerks, in a way, because they specifically ALLOW certain times noise can be generated. It is a compromise but as long as you're working within the time frames allowed, they have little recourse.

Justin Ludwig
02-20-2015, 9:10 AM
I saw similar postings in Manhattan Beach, CA last summer. There was new/remodel construction everywhere. That community lives on another planet money wise. "In May of 2014 a 3,000 square foot piece of land sold on the Manhattan Beach "Strand" for a record breaking $16 million." -wikipedia

Rod Sheridan
02-20-2015, 12:08 PM
Agreed Phil, considerate people don't need rules.............Rod.

Brian Elfert
02-20-2015, 12:21 PM
I live in a 3 million population metro area. I think pretty much every city and suburb has an noise ordinance restricting outdoor construction activity as to times of day. No Sunday work would be a major issue for the DIY types who only have the weekend to work on the house.

Mike Henderson
02-20-2015, 12:26 PM
Aside from the fact that it seems to be missing a couple of words, that looks very similar to most noise bylaws I'm familiar with.......Rod.
Me, too. I had the cops come to my place one Sunday when I had some people trimming a tree. They were using a chainsaw. The cop pointed out the ordinance to me. I was unaware of it previously.

However, I do think that restricting all noisy work on Sunday is a bit much. Sometime it's the only time you can get something done, or do it yourself. I do agree with the hours of 8 to 6 however, any day.

On leaf blowers, a couple of places around here have tried to restrict them but the push-back has been extremely strong. There's just no viable alternative - hand raking is too slow, and hardscape would have to be swept. Many places have put restrictions on the noise level of the blowers. I don't know how they can enforce that, though.

Most of the people complaining about the noise did not do their own yard work.

Mike

Clarence Martin
02-20-2015, 12:43 PM
My complaint about having a noise ordinance goes back many years. It all started when the Farmer that owns a parcel of land next to me was getting his Field Corn in with his tractors and Forage Harvester. It was late in the Season, and wanted to get the crops in before it rained, making that field impossible to get into until it dried out. He was working in that field until well past Midnight. Yes, it was a Weekend. I remember it well. Ended up that some of the neighbors complained due to the bright lights from the tractors and the noise. They had to be told that Farmers have a right to farm and harvest their crops .

Mike Henderson
02-20-2015, 12:57 PM
Yep, that's always the way it works. People move next to an existing farm and then complain about the farm noise and odors. If the noise and odors are "normal" for a farm of that kind, I don't have much sympathy for the people who moved next to it. Too many people want to live in the "country" but they want a sanitized version of country living.

Mike

Rich Riddle
02-20-2015, 2:33 PM
I am working on the condominium in Ohio and never make noise prior to about 9:30. We might paint or do other activities in quiet but the radio doesn't even get turned on quietly until after 10:00 AM. Some folks might be sleeping. On the other hand, the high school puts out unbelievable amounts of noise in the neighborhood from six in the morning until nearly midnight. Nothing like having the second grade team playing an opponent at the varsity field and having the professional PA system call the play-by-play at six in the morning. And then the progress upward one grade at a time.