Questions Posted to "Ask a Dispatcher"
Q. I live in an apartment building that is next to the current construction of another building. It is 10:45 PM on a Wednesday and they men are still out there with their loud machines and huge bright lights (shining into my windows) working away. Isn't 10:45 awfully late to still be doing work 30 feet away from an apartment building with people trying to sleep? Or am I just unlucky because I live in Lemon Creek and it's a mixed zone area?
Dear Juneau Resident,
The disturbing the peace ordinance says the type of zone is to be considered but construction of buildings is specifically addressed under section (b), cited below. That section says construction noise after 10 p.m. needs to be done under a permit. If you want to know if the address where the construction is happening has a permit from the Building Official to make noise after 10p.m.. CBJís building official is Debra Purvis and you can reach her at 586-0770. If the workers donít have a permit, even in a mixed zone area, they need to knock off at 10 p.m..
42.20.095 Disturbing the peace.
(1) It is unlawful for any person willfully to make or continue to make, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the following:
(A) The volume of noise;
(B) The intensity of the noise;
(C) Whether the nature of the noise is usual or unusual;
(D) Whether the origin of the noise is natural or unnatural;
(E) The volume and intensity of the background noise, if any;
(F) The proximity of the noise to residential sleeping facilities;
(G) The nature and zoning of the area within which the noise emanates;
(H) The density of the inhabitation of the area within which the noise emanates;
(I) The time of the day or night the noise occurs;
(J) The duration of the noise;
(K) Whether the noise is recurrent, intermittent or constant;
(L) Whether the noise is produced by a commercial or noncommercial activity;
(M) Whether the noise contains pure tones.
(2) Liability. In a prosecution under this section, it shall be a rebuttable presumption that the owner, tenant, or person in charge of real property from which noise emanates in violation of this section has caused or allowed to be caused the noise which violates this section.
(b) Construction of buildings and projects. It is unlawful to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or similar heavy construction equipment, before 7:00 a.m. or after 10:00 p.m., Monday through Friday, or before 9:00 a.m. or after 10:00 p.m., Saturday and Sunday, unless a permit shall first be obtained from the City and Borough building official. Such permit shall be issued by the building official only upon a determination that such operation during hours not otherwise permitted under this section is necessary and will not result in unreasonable disturbance to surrounding residents.
(c) Noise emanating from vehicles.
(1) Policy. It is unlawful for any person to play, continue to play, or allow to be played, any sound system from, within, or on any motor vehicle so that any sound, music, or vibration emanating therefrom can be heard at a distance of more than 30 feet between the hours of 10:00 p.m. and 9:00 a.m., unless the vehicle is a sound truck operating pursuant to a permit issued under section 72.10.150.
(2) Liability. In a prosecution under this section, it shall be rebuttable presumption that the registered owner of a vehicle from which emanates noise in violation of this section has played or allowed to be played the sound system causing the noise.
(d) [Reserved. ]
(e) Defenses. It is an affirmative defense to a charge under subsection (a) of this section that the noise is a normal result of a kennel authorized in an industrial zone under title 49 of this Code.
(f) Disturbing the peace is an infraction.