COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Kelly Garry, City Attorney
SUBJECT:Title
Discussion and Action: Ordinance No. 25-1363 Amending Lake Havasu City Code Section 9.30.070, Construction of Building and Projects, to Revise Start Hour for Concrete Pouring and Summertime Dates in Accordance with New State Law (Introduction) (Kelly Garry)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider the introduction of an ordinance amending City Code § 9.30.070, Construction of Building and Projects, to revise start hour for concrete pouring and summertime dates in accordance with a new state law.
BACKGROUND:
On May 13, 2025, the Governor signed Senate Bill 1182 adding a new section to Title 9 of the Arizona Revised Statutes regarding construction noise. This bill contained an emergency clause and became effective immediately.
The new section states:
A.R.S. § 9-500.52 Construction; summertime hours; prohibition on restriction
A. A municipality may not enact or enforce any noise ordinance, rule or regulation that prohibits any general construction activities between May 1 and October 15 of each year between the hours of 5:00 a.m. and 7:00 p.m. each business day and between the hours of 7:00 A.M. and 7:00 P.M. on Saturday if the construction work is being performed pursuant to a validly issued building permit issued by the municipality.
B. The municipality shall allow concrete to be poured at least one hour before the time that general construction activities are regularly scheduled to begin.
It is necessary to revise City Code § 9.30.070, Construction of Building and Projects, to bring it into compliance with the new law. The proposed changes revise the start time for concrete pouring during summertime and non-summertime months and revise summertime dates as shown below and within the proposed Ordinance.
City Code § 9.30.070 Construction of Building and Projects
B. Start/stop times.
1. Concrete. Concrete may be poured and concrete mixing trucks may be idled, between the hours of 45:00 a.m. and 10:00 p.m. each day from May 1 to October 15 and 5:00 a.m. and 10:00 p.m. each day from October 16 to April 30 or at such other times as authorized by permit. Permits may be requested by either the concrete vendor or jobsite contractor/finisher. Activities associated with the manufacturing, loading or pouring of concrete that are conducted within manufacturing or industrial zones are exempted from this chapter.
2. All other construction; residential zones in or within 500 feet. All other construction work shall not begin prior to 5:00 a.m. and must stop by 10:00 p.m. each day from May 1 to October 15 September 30 and 6:00 a.m. and 10:00 p.m. each day from October 116 to April 30 in or within 500 feet of a residential zone or at such other times as authorized by permit.
In the City Code, weekend and holiday construction work is currently allowed from 7:00 a.m. to 7:00 p.m. and weekend and holiday concreate pouring is allowed from 6:00 a.m. to 7:00 p.m. No changes are necessary to the weekend and holiday construction noise regulations as they already comply with the new law.
The City Code continues to offer under Section 9.30.070(D), the opportunity to conduct construction work during restricted times upon application and receipt of a permit from the Development Services Department.
The proposed changes are indicated in tracked changes on the attached ordinance. Proposed additions are shown in ALL CAPS, bold, and underlined. Proposed deletions are shown in strikethrough.
COMMUNITY IMPACT:
Keeping City Code provisions up to date provides accurate and reliable information for the public.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 25-1363 (tracked)
SUGGESTED MOTION:Recommended Action
I move to introduce Ordinance No. 25-1363 amending City Code Section 9.30.070.