What is the legal starting time for home construction in Georgia?
michaelsendsmail asked:
I live in Atlanta and a townhome development is going up right next to me and they start building at 7am waking me up every day. I want to know if this is legal or not. And a bonus question is what can I do about it. Thanks.
I live in Atlanta and a townhome development is going up right next to me and they start building at 7am waking me up every day. I want to know if this is legal or not. And a bonus question is what can I do about it. Thanks.
March 27th, 2009 at 2:32 am
i would call local police and ask them . most towns have a sound ordinance for start and end times. some do not i found out when a neighbor i used to have partied until 4am
March 29th, 2009 at 8:44 pm
Sorry, but Atlanta’s noise ordinance for construction lets them start at 7am. If they start any earlier, you can call the police a report a violation of the noise ordinance at the site.
Sec. 74-137. Specific prohibited acts.
(a) It is unlawful and a violation of this Code for any person to cause, suffer, allow, or permit any of the following acts:
(4) Operating or permitting the operation of any power tools or other motorized equipment used in construction, drilling, earthmoving, excavating, or demolition work between 7:00 p.m. and 7:00 a.m. the following day on a weekday or between 7:00 p.m. and 9:00 a.m. on a weekend day or legal holiday, except for emergency work or by permit for temporary variance pursuant to section 74-139.
Sec. 74-140. Enforcement procedures.
(a) Violation of any provision of this article shall be cause for a citation to be issued by a police officer or Noise Control Officer (NCO) according to procedures set forth in the City Code of Ordinances.
(b) In lieu of issuing a citation, a police officer or NCO may issue an order requiring abatement of any sound source alleged to be in violation of this article within a reasonable time period and according to guidelines that the NCO may prescribe.
(c) Penalties. Any person convicted of a violation of any provision of this article shall be subject to the following penalties:
(1) A fine not more than $1,000.00, or a period of confinement in the city jail not to exceed ten days and a probationary period not to exceed 180 days, or both.
(2) In addition to any other penalties provided in this section, the judge may issue an order requiring abatement of any noise source found to be in violation of this article within a reasonable time period, not to exceed 60 days, and according to any guidelines that the city may prescribe.
a. Any person ordered to abate any noise source found to be in violation of any provision of this article shall demonstrate to the city compliance with any order requiring abatement and any further guidelines they city may prescribe.
b. Any person failing to abate any noise source found to be in violation of any provision of this article shall be liable to the city for all costs and expenses incurred by the city in abating a violation.
(3) Each day during which any violation occurs shall constitute an additional, separate, and distinct offense.
(d) No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.