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A. Because construction noise is often extremely loud and of prolonged duration, the provisions of section 5-8-5 of this chapter shall not apply to construction noise, and instead construction noise shall be regulated by the provisions of this section.

B. There shall be no limit on construction noise between the hours of seven o'clock (7:00) A.M. and six fifty nine o'clock (6:59) P.M., Monday through Saturday, except as provided in subsection C2 of this section with respect to holidays.

C. It shall be unlawful for any person to cause or make construction noise:

1. Between the hours of seven o'clock (7:00) P.M. and the next six fifty nine o'clock (6:59) A.M., Monday through Saturday, and all day on Sunday, and

2. All day on the following holidays: January 1, observed as New Year's Day; the fourth Thursday in November, observed as Thanksgiving Day; and December 25, observed as Christmas Day.

It shall not be a violation of this subsection C if construction noise is made or caused under the circumstances described in subsection D of this section.

D. It shall not be a violation of this section if construction noise is made or caused under the following circumstances: 1) in connection with "emergency work" as defined in section 5-8-3 of this chapter, or 2) in connection with a residential home improvement project conducted by the owner-occupant thereof between the hours of twelve o'clock (12:00) noon and seven o'clock (7:00) P.M. on Sundays.

E. The provisions of this section may be varied by a development permit issued under the Breckenridge development code1 or the Breckenridge subdivision standards2. It shall be a violation of this section to violate any restriction on construction noise established by such a development permit. (Ord. 5, Series 2007)

Notes:

1See title 9, chapter 1 of this code.

2See title 9, chapter 2 of this code.