Construction hours in Birmingham, AL — sometimes called construction noise rules or contractor work-hour ordinances — set when contractors can run power tools, hammers, and heavy equipment.
Birmingham City Code section 11-8-23(15) prohibits construction, demolition, grading and related work between 10:00 p.m. and 7:00 a.m. within 500 feet of any residentially zoned district, unless the traffic engineer allows night work because traffic conditions prevent daytime activity.
Under section 11-8-23(15)a of the Birmingham City Code, any activity incidental to the erection, demolition, assembling, altering, repairing, installing or equipping of buildings, structures, roads, or appurtenances (including clearing, grading, excavating and filling) between 10:00 p.m. and 7:00 a.m. within 500 feet of any residentially zoned district is a noise violation, except that the traffic engineer may allow night work whenever traffic conditions prevent the activity during other times of the day. Section 11-8-23(15)b exempts emergency repair or maintenance of public roads, highways, parks, sewers, water, gas, electric, or telephone systems, and private construction necessary to restore property to a safe condition from imminent public calamity or to protect persons or property from imminent danger. A companion provision, section 11-8-23(14), bars operating outdoor mechanically powered saws, grinders, lawn or garden tools and similar devices between 10:00 p.m. and 7:00 a.m. in a residentially zoned district.
Construction-noise violations are nuisances prosecuted in Birmingham Municipal Court. Birmingham City Code section 1-1-6 caps the general penalty at a $500 fine or six months imprisonment, or both.
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