HomeMy WebLinkAbout16 PROPERTY MAINT EQ 10-16-95Inter-Com
NO. I6
10-16-95
JATE:
OCTOBER 16, 1995
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANA'GER
OFFICE OF THE CITY CLERK~
ORDINANCE NO. 1156, PROPERTY MAINTENANCE EQUIPMENT
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1156
(roll call vote).
BACKGROUND:
The following Ordinance No. l156.was introduced at the October 2,
.......... 1-995 City--Council meeting: .................................................................
ORDINANCE NO. 1156 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS oF ARTICLE 4 OF THE
TUSTIN CITY CODE, HEALTH AND SANITATION
Valerie Crabill
Chief Deputy City Clerk
ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF
THE TUSTIN CITY CODE, HEALTH AND SANITATION
The Ci~y council of the City of Tustin finds and determines as
follows:
ae
Noise associated with the late night or early morning use
of loud property maintenance equipment can be detrimental
to the public health, welfare, and safety.
B.
unControlled noise from property maintenance equipment is
contrary to the public interest and the quiet enjoyment
of residential homes.
C. The control of such equipment is in the public interest.
NOW, THEREFORE,.the City Council of the City of Tustin does hereby
ordain as follows:
Section 1. Article 4, Chapter 6, Section 4612, Definitions, of the
Tustin City' Code is hereby amended to add the following:
"Property Maintenance Equipment. A mechanical blower, leafblower,
............. !awn_vacuum_or parking.lot.._sweeper which~roduces__a.~urrent of-air
by mechanical, electrical, or other means to push, propel~ or blow
dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse,
~and/or debris or any other app~i.~nce_~ended for_the_maintenance
~-6f..--iahd~a-pin~-0n--~ri~a~e-~roperty.,,
~Ction 2. Article 4, Chapter 6, Section 4616 of the..Tustin City
Code is hereby amended to add the.following:
"Section 4616, Specific'Disturbing Noises Prohibited'
(4) Property Maintenance Equipment. The use and operation of
property maintenance equipment, the use of which is attended by
loud or unusual noise, is prohibited in residentially zoned areas
any and all hours on Sundays and Federal Holidays, before 7:00 A.M.
and after 6 P.M. Monday through Friday, and before 9:00 A.M. and
after 5 P.M. On Saturdays. In commercial and industrially zoned
areas, the use of property maintenance equipment is prohibited any
and all hours on Sundays and Federal Holidays, before 7:00 A.M. and
'after 10 P.M. Monday through Friday, and before 9:00 A.M. and after
10 P.M. on Saturdays. No property owner, lessee, gardener,
property maintenance service, contractor, subcontractor, or
employer shall permit or allow any person working at their
direction to operate property maintenance equipment in,violation of
the provisiOns of this section. All debris generated by the use of
property maintenance equipment shall be cleaned up and disposed of
in accordance with Section 4421 'of this Code.
Exceptions:
i. Public property maintenance is exempt from the
provisions of this Ordinance.
'ii. The use of property maintenance equipment may
be permitted outside of those limitations
identified in subsection 4616 (4)oin the case
of necessity or upon a finding that such
approval will not adversely impact adjacent
properties and the health, safety, and welfare
of the community if a temporary exception is
granted in writing by the Building Official or
the Building Official's authorized
representatives. All temporary ~exception
requests shall be made in writing and shall
include the specific times and dates and
locations requested and a description of the
of the activity that is proposed. In granting
a temporary exception, conditions may be
imposed on the use of property maintenance
equipment to protect the public health and
safety. Any approval granted may be summarily
revoked by the Building Official at the sole
discretion of the Building Official. Notice
of such revocation shall be provided to the
r_equestor+~Polic_e__Department_and_project file
Section 3. Article 4, Chapter 6, Section 4617 (i), Exceptions, of
~e_?u_st~nr_c. ity .Code~. is_ he__reby.._~-epea_!.e~ ...............................
(i)__Noise. sources associated with.-maintenance .... of .... real .......
property provided said activities take place between the
hours of 7:00 A.M. and 6:00 P.M. on any day except Sunday
or Federal holidays, or between the hours of 9:00.A.M..
and 6:00 on Sundays or Federal holidays.
Section 4. Severability
Ail of the provisions of the ordinance shall be construed and
applied together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court to
be invalid or unconstitutional, '-such invalidity or
unconstitutionally shall apply .only to the particular facts,
determinations and part of this Ordinance., or if a provision is
declared to be invalid or unconstitutional as applied to all facts,
all of the remaining provisions of this ordinance shall continue to
be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 16th day of October, 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO.
PAMELA STOKER, city Clerk and ex-officio 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. 1156 was duly and
regularly_introduced._at~a regular~_meeting~of~_the~-Cirty~-Council-held
on the 18th day of September, 1995 and passed and adopted at a
regular meeting of the City Council held on the 16th day of
...... 0C~_ober,..!995, bY ~he following vote: ......
.... COUNCILMEMBER AYES: ............
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
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