A. Except as provided herein or in subsection B, C or D of this section, it is unlawful for any person, firm or corporation to erect, demolish, alter or repair any building, or to grade or excavate land, streets or highways, other than between the hours of six a.m. and nine p.m. on weekdays, and between eight a.m. and nine p.m. on weekends; provided, however, that city crews and those of the city’s contractors performing street work between nine p.m. and six a.m. are exempt herefrom if the city engineer has directed that work be performed between such hours to alleviate potential traffic congestion.

B. Notwithstanding any other provisions of this chapter, if the city manager determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavating and grading of land, streets or highways between the hours of nine p.m. and six a.m., and if he or she further determines that loss or inconvenience would result to any party in interest by virtue of the requirements provided in subsection A of this section, he or she may grant a permit for such work to be done between the hours of nine p.m. and six a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. Such permit may be granted for a period not to exceed three days, and may be extended by the city manager for a period not to exceed three days.

C. The provisions of this section shall not apply to any work of construction performed one thousand feet or more from the nearest residential dwelling.

D. The provisions of this section shall not apply to performance of emergency work as defined in this chapter. (Ord. 3924 § 3, 1999)