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(1) Construction noise from construction activities performed by or for a governmental <br />entity; <br />(2) Construction noise from emergency construction activities conducted solely to <br />alleviate an imminent danger to persons or property; or, <br />(3) Construction noise from construction activities that are required in order for the <br />installation or performance of certain systems or subsystems to meet best practices of <br />building construction. This exception will apply only upon the building official's prior <br />written approval. To obtain the building official's approval a contractor must provide <br />written certification from a licensed professional engineer and any other information the <br />building official determines is required to prove that the activity is required for best <br />practices. Granting the exception is within the sole discretion of the building official. <br />(d) A person who violates this section commits a misdemeanor and is subject to a fine of <br />not less than $250.00 upon conviction. <br />Section 14.012 -- 14.025. Reserved. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />{ <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />SECTION 4: This Ordinance will become effective on October 1, 2010. <br />CONSIDERED ON FIRST READING AUGUST 17, 2010; <br />CONSIDERED ON SECOND READING, APPROVED, AND ADOPTED ON SEPTEMBER <br />7, 2010. <br />Susan Narvai <br />Mayor <br />ATTEST: <br />