ORDINANCE NO. 2966 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER 42 OFFENSES AND ABATEMENT OF PUBLIC NUISANCES, BY AMENDING ARTICLE III OFFENSES INVOLVING PUBLIC PEACE AND ORDER; DIVISION I GENERALLY; SECTION 42-63 CONSTRUCTION OF BUILDING AND PROJECTS, RELATING TO CONSTRUCTION NOISE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY. WHEREAS, A.R.S. § 9-240 gives the Common Council of the Town exclusive authority to define, abate and remove nuisances; and WHEREAS, SB 1182 requires municipalities to allow concrete pouring to begin one hour prior to the time that general construction activities begin; and WHEREAS, the Town recognizes the importance of protecting public health, safety, and welfare through reasonable regulation of construction activity and noise, and WHEREAS, existing noise ordinances restrict concrete pouring during early morning hours in order to minimize disturbance to nearby residents and businesses; and WHEREAS, concrete pouring and related construction activities are significantly impacted by extreme daytime temperatures, particularly during summer months, and WHEREAS, allowing concrete pouring to begin during cooler early morning hours can mitigate heat exposure risks and promote public safety WHEREAS, the Town seeks to balance the need for construction efficiency and worker safety with the community’s interest in limiting early-morning noise disturbances. NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. In General The Code of Gilbert, Arizona, Chapter 42 Offenses and Abatement of Public Nuisances, Article III Offenses Involving Public Peace and Order, Division 1. Generally, Section 42-63 is hereby amended as follows (additions are underlined; deletions in strikeout): (a) General provisions. It shall be unlawful for any person to pour concrete or perform construction work in the town, except within the time periods specified herein or if the noise level created thereby is in excess of the applicable community noise standards set forth in section 42-61 (e)(1) and (3) by five dB(a) at either the nearest property line or the affected area of the property unless a permit has been obtained beforehand from the building and code compliance department. As used in this section, "construction work" shall include (1) operating construction- related equipment, (2) performing outside construction work, (3) performing outside repair work on buildings, structures or projects and (4) operating a pile driver, power shovel, pneumatic hammer, derrick, power hoist or other construction-type device. (b) Start/stop times. (1) Concrete. Concrete may be poured and concrete mixing trucks may be idled, between the hours of 5:00 4:00 a.m. and 10:00 p.m. each day or at such other times as authorized by permit. (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 in or within 500 feet of a residential zone or at such other times as authorized by permit. (3) Commercial and industrial zones. Construction work in commercial and industrial zones not within 500 feet of a residential zone shall not begin prior to 5:00 a.m. and must stop by 10:00 p.m. or it may be conducted at such times as authorized by permit. * * * Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section IV. Providing for Civil Sanctions. Any person found responsible for violating this Ordinance shall be subject the civil sanctions and habitual offender provisions as set forth in Section 42-65 of the Gilbert Municipal Code. Each day a violation continues, or the failure to perform any act or duty required by the Municipal Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense. Section V. Declaring an Emergency. The immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Gilbert, and an emergency is hereby declared to exist. This Ordinance shall be in full force and effect from and after its passage, adoption and approval by the Common Council of the Town of Gilbert. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 28th day of October, 2025, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Buckland, Koprowski, Lyons, Torgeson NAYS: ABSENT:  EXCUSED: ABSTAINED: APPROVED this 28th day of October, 2025. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2966 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 28TH DAY OF OCTOBER, 2025, WAS POSTED IN ONE PLACE ON THE 29th DAY OF October, 2026. Chaveli Herrera, Town Clerk Pub: Nov 6, 13, 2025