ORDINANCE NO. 2009-04
BE IT ORDAINED BY THE BOARD OF THE COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS as follows:
Section 1. Chapter 12 of the Borough Code of the Borough of Harvey Cedars entitled “Building and Housing” is hereby amended and supplemented so as to add a new Section 12-9, which shall read as follows:
12-9 HOURS OF CONSTRUCTION
12-9.1 Days and hours. From July 1 through Labor Day construction and demolition activity, excluding emergency work, shall be performed Monday through Saturday, 8:00 a.m. – 6:00 p.m.
From July 1 through Labor Day no construction activity shall be performed on Sundays, except by the homeowner.
12-9.2 Exceptions. Exceptions may be made to Section 12-9.1 above for the following circumstances:
a. In the case of urgent necessity in the interest of public health and safety.
b. The 6:00 p.m. stop time may be extended for the contractor or homeowner to get the house under roof.
12-9.3 Enforcement, Violations and Penalties. Violation of any provision of this section shall be cause for an enforcement document to be issued to the violator by the code enforcement officer or law enforcement officer. The recipient of an enforcement document shall be entitled to a hearing in the Municipal Court having jurisdiction to contest such action.
Section 2. If any provision, section, subsection, or paragraph of this Ordinance shall be declared unconstitutional, invalid, or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this Ordinance.
Section 3. This Ordinance shall take effect after final adoption and publication in accordance with law.
ADOPTED ON: April 3, 2009