Legal Question in Administrative Law in Utah

Noise Ordinance (Define

I live Downtown, and have residential and commercial neighbors.

The adjacent commercial neighbor snowplows his parking lot in the middle of the night.

I tried to talk to the plow driver and property owner to try to get a little consideration. I�m more than willing to be flexible�they just get crazy on me.

My question: Does a Truck with a snowplow attachment constitute �Commercial Power Equipment�?

Thanks for any input you can provide.

City ordinance (9.28.04 paragraph 9) reads:

9. Commercial Power Equipment: Operating or permitting to be operated, any power equipment, except construction equipment used for construction activities, rated more than five (5) horsepower, including, but not limited to, chain saws, pavement breakers, log chippers, powered hand tools:

a. In residential or commercial land use districts between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day, or between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M. when the following day is a Sunday or legal holiday,

b. In any land use district if such equipment emits a sound pressure level in excess of eighty two (82) dBA measured at a distance of fifty feet (50') (15 m);


Asked on 2/21/08, 5:15 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Noise Ordinance (Define

Probably. Talk to the city about getting enforcement.

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Answered on 2/21/08, 6:02 pm


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