HomeMy WebLinkAboutORD 1143 (1995) 1
ORDINANCE NO. 1143
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF
4 " THE TUSTIN CITY CODE, HEALTH AND SANITATION
5 The City Council of the City of Tustin finds and determines
as follows:
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A. Noise associated with commercial construction activity
7 can be detrimental to the public health, welfare and
safety.
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B. Uncontrolled commercial construction noise is contrary to
9 the public interest and the quiet enjoyment of
residential homes.
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C. The 'control of commercial construction noise is in the
11 public interest.
12 NOW, THEREFORE, the City Council of the City of Tustin does
hereby ordain as follows:
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Section 1. Article 4, Chapter 6, Section 4616 of the Tustin
14 City Code is hereby repealed in its entirety. A new Section
4616 is added to read as follows:
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"Section 4616 Specific Disturbing Noises Prohibited
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It shall be unlawful for any person to make,
17 continue, cause to allow to be made or
continued for any amount of time the following
18 acts and things which are hereby declared to
be unnecessary, excessive and annoying in
19 violation of this article:
20 (1) Loudspeakers or Amplifiers used for Advertising. The
using, operating or permitting tobe played, used, or
21 operating of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other
22 machine or device for the producing or reproducing of
sound in excess of the levels described in Sections 4614
23 and 4615 which sound is cast upon the public streets for
the purpose of commercial advertising or attracting the
24 attention of the public to any commercial building or
structure.
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Ordinance No. 1143
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(2) Construction, repairing, remodeling or demolition and grading.
4 The erection, demolition, alteration, repair, excavation,
grading, paving or construction of any building or site is
5 prohibited between the hours of 6:00 P.M. and 7:00 A.M.,
Monday through Friday and 5:00 P.M. and 9:00 A.M. on Saturdays
6 and during all hours Sundays and Federal Holidays. Trucks,
vehicles and equipment that are making or are involved with
7 material deliveries, loading or transfer of materials,
equipment service, maintenance of any devices or appurtenances
8 t6 any construction project inthe City shall not be operated
on or adjacent to said sites outside of the approved hours for
9 construction activity.
10 exceptien: Construction activities
may be permitted outside of those
11 limitations identified in this
subsection in the case of urgent
12 necessity or upon a finding that
such approval will not adversely
13 impact adjacent properties and the
health, safety and welfare of the
14 community if a temporary exception
is granted. in writing by the
15 Building Official for private
property or by the Director of
16 Public Works for public properties
or their authorized representatives.
17 All temporary waiver requests shall
be made in writing and shall include
18 the specific times, dates and
locations requested and a
19 description of the type of activity
that is proposed. In granting a
20 temporary exception, conditions may
be imposed on construction
21 activities to protect the health,
safety and welfare of the community.
22 Any approval granted may be
summarily revoked by the Building
23 Official or Director of Public Works
at the sole discretion of each
24 official. Notice of such revocation
shall be provided to the requestor,
25 Police Department and project file.
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Ordinance No. 1143
Page 3=
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3 (3) Pile drivers, hammers, etc. the operation of a pile driver,
power shovel, pneumatic hammer, grading and excavating
4 machinery, paving equipment, or other appliance, the use of
which is attended by loud or unusual noise is prohibited
5 between any and all hours on Sundays and Federal Holidays,
between the hours of 6:00 P.M. and 7:00 A.M., Monday through
6 Friday, and between 5:00 P.M. and 9:00 A.M. on Saturdays.
7 exception: In the case of
urgent necessity and upon a
8 finding that such approval will.
not adversely impact adjacent
9 properties and the public
health, safety and welfare of
10 the community, the above
regulations may be modified in
11 writing by the Public Works
Director for public property
12 and by the Building Official
for private property or their
13 respective authorized
representatives. All temporary
14 waiver requests shall be made
in writing and shall include
15 the specific times, dates and
locations requested and a
16 description of the type of
activity that is proposed. In
17 granting a temporary exception,
conditions may be imposed on
18 construction activities to
protect the health, safety and
19 welfare of the community. Any
approval granted may be
20 summarily revoked by the
Building Official or Director
21 of Public Works at the sole
discretion of each official.
22 Notice of such revocation shall
be provided to the requestor,
23 Police Department and project
file.
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Ordinance No. 1143
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Section 2. Article 4, Chapter 6, Section 4617, Subsection (e)
'4 of the Tustin City Code, is hereby repealed in its entirety.
A new subsection (e) of Section 4617 is added to read as
5 follows:
6 "(e) Section 4617 Exemptions
Noise sources associated with construction, repair,
7 remodeling, or grading of any real property between the
hours of 7:00 A.M. and 6:00 P.M. Monday through Friday
8 and the hours of 9:00 A.M. and 5:00 P.M. on Saturdays,
excluding Federal Holidays."'
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Section 3. Severability
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All of the provisions of the ordinance shall be construed and
11 applied together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a
12 court to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
13 determinations and part of this Ordinance, or if a provision
is declared to be invalid or unconstitutional as applied to
14 all facts, all of the remaining provisions of this ordinance
shall continue to be fully effective.
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PASSED AND ADOPTED at a regular meeting of the City Council of the
16 City of Tustin held on the 21st day of February, 1995.
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18
THOMAS R. ~A~ARELLI
19 Mayor
21
RY WYNN
Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1143
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1143 was introduced at
a regular meeting of the City Council held on February 6, 1995 and was
passed and adopted at a regular meeting of the City Council held on
February 21, 1995 by the following vote:
COUNCILMEMBER AYES: Saltarelli, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: Potts
COUNCILMEMBER ABSENT: None
Valerie Crabill, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk