HomeMy WebLinkAbout2009-09-14-Ordinance 2655_Noise Control, Semi Tractors in Residential ZoningORDINANCE NO.2655
ORDINANCE AMENDING CHAPTER 228 OF THE WAUKEE MUNICIPAL CODE
REGARDING NOISE CONTROL BY ADDING SECTIONS 228.03(18)and 228.05(18)
PROHIBITING CERTAIN SEMI TRACTOR ACTIVITY IN RESIDENTIAL AREAS
WHEREAS,the city has received complaints from residents regarding noise and
disruption occasioned as a result the operation of Semi Tractors within residential areas;and
WHEREAS,the City Council of Waukee has previously enacted noise control ordinances
establishing standards for the control of noise pollution in the City thereby protecting the
public's health,safety and general welfare;
WHEREAS,the noise occasioned through the operation of semi tractors in residential
areas is disruptive and detrimental to the public health,welfare and safety of residents.
BE IT THEREFORE ORDAINED,by the City Council of the City of Waukee that
chapter 228 of the Waukee Municipal Code should be and the same is hereby amended to add
section 228.3(18)and 228.05(18)as follows:
228.03(18)"Semi Tractor"means any vehicle weighing in excess of 1 and Y2ton having
the capability of towing a semi trailer.
228.05(18)Semi Tractor Noise.The sound made on private or City-owned property by a
semi tractor and received at the real property boundary of residential property;provided,
however,the sound made by a semi tractor pulling a semi trailer when traveling to private
property for the sole legitimate purpose immediate delivery or picking up of goods so constituted
to require transport by a semi tractor trailer between the hours of7:00 AM and 9:00PM,provided
the driver possesses a legitimate bill of lading,is not a "noise disturbance".In addition,the
lawful operation of a semi tractor in motion past a residential property,subject to the laws
governing operation of a motor vehicle,for the present purpose of travel or transport is not a
"noise disturbance"provided the semi tractor does not park or stop at residential property and the
driver/operator continuously stays in the drivers seat of the vehicle.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall be
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
Passed by the Council the 14th day of September 2009,and approved this 14th day of September
2009.
Attest:
Jeffrey L
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