[Adopted 8-13-2002 by Ord. No. 2002-20]
As used in this article, the following terms
shall have the meanings indicated:
Any type of the following: payloaders; front-end loaders;
bulldozers and backhoes; auto shredders; forklift vehicles; cranes;
any vehicle or truck with a gross vehicle weight of 20,000 pounds
or greater; outdoor conveyor belt systems; or any equipment designed
for the purpose of excavation or the movement of heavy materials.
[Amended 4-13-2009 by Ord. No. 2009-3; 3-12-2012 by Ord. No. 2012-1]
A.
It shall be unlawful for any business located within 1,000 feet of a residential area to start, operate or cause the operation of any equipment set forth in § 224-15 herein during the hours of 6:00 p.m. to 7:00 a.m., Monday through Friday.
Any person(s) and/or entity found guilty of
violating the provisions of this article shall be penalized as follows:
A.
First offense. Any person(s) and/or entity found guilty
of violating the provisions of this article as a first offense shall
be fined $100.
B.
Second offense. Any person(s) and/or entity found
guilty of violating the provisions of this article as a second offense
shall be required to appear before the Johnston Municipal Court and
shall be subject to a fine not to exceed $250 plus applicable court
costs.
C.
Third offense and each subsequent offense. Any person(s)
and/or entity found guilty of violating the provisions of this article
as a third or subsequent offense shall be required to appear before
the Johnston Municipal Court and subject to a fine not to exceed $1,000
per day, per offense, plus applicable court costs. Each day for which
the offense occurs shall constitute a separate offense.
D.
The Town Council, for good cause and after reasonable
notice and opportunity to be heard, after third said offense may suspend
or revoke any license issued by it as aforesaid.
[Amended 4-13-2009 by Ord. No. 2009-3; 3-12-2012 by Ord. No. 2012-1]
A.
The provisions
of this article shall not apply to emergency vehicles or to the operation
of equipment needed to assist in an emergency such as fire or repairs
to public utilities.
B.
Additionally, this article shall not apply to vehicles or trucks with a gross vehicle weight of over 20,000 pounds used in picking up or transporting trash/garbage. It is the intent of this article to restrict the use of the vehicles defined in § 224-15 above operating on or about the business location requiring the need for such equipment in its daily operations.
