HomeMy WebLinkAbout10 NOISE CONTROL 08-07-95NO. 10
8-7-95
.~ATE:
AUGUST 7, 1995
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEC~ ORDINANCE NO. 1156 - AMENDING CITY CODE SECTIONS 4616AND4617
- NOISE CONTROL
RECOMMENDATION
Pleasure of the Council.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project.
BACKGROUND
In response to a request from Mayor Potts, Community Development
staff have been asked to prepare modifications to the City's Noise
Ordinance in order to be in a better position to respond to
resident complaints in the City.
Late night and early morning use of leaf blowers, parking lot
sweepers, chippers, chainsaws and other property maintenance
related equipment produces noise which is both difficult to control
through enforcement and a concern for residents. Resident concerns
have largely focused on the late night/early morning use of parking
lot sweepers in commercial centers adjacent to residences as well
as in or near residential areas. The City has not received any
complaints regarding this type of equipment in industrial areas.
The City has had a difficult time in regulating noise complaints
since the City's current Noise Ordinance permits nearly all noise
sources during nighttime hours as long as they do not exceed the
decibel level established by the code~ For staff to enforce
violations caused by these noise sources, a noise consultant must
be retained to measure the noise level generated by the activity in
response to any specific complaint.
Currently, noise sources associated with property maintenance
activities are regulated by Section 4615 of the Tustin City Code.
This section establishes maximum noise levels for any type of noise
source. The City Attorney has reviewed the issue and recommended
City Council Report
~Ordinance No. 1156 - Noise Control
August 7, 1995
Page 2
that the City develop specific regulations for use of property
maintenance equipment.
Staff contacted other cities' within California including~Irvine,
Newport Beach, Solano Beach, Redondo Beach, and San Diego for
information regarding their regulations for property maintenance'
equipment. These cities were specifically selected at the
suggestion of the California League of Cities.
Mechanical blowers were often cited as a chief source of concern in
those cities contacted and regulations adopted range from limiting
the hours of mechanical blower activity (e.g. Newport Beach) to
certifying equipment and operators (e.g. Irvine) .
Attachment 1 contains the Newport Beach existing and proposed
ordinance regarding both mechanical blowers and noise regulations
for real property maintenance. Newport Beach currently.prohibits
the use of mechanical blowers between the hours of 6:00 P.M. and
8:00 A.M. However, the City is currently amending their Noise
Ordinance to regulate both the hours of operation and noise levels
of mechanical blowers.
Attachment 2 contains Irvine's code section regarding leafblowers.
Irvine's code has several components including: 1) leafblower
testing and certification, .2) prohibition of leafblower use during
nighttime hours and Sundays, and 3) requirements for muffling
equipment, maintaining a distance of 10 feet from windows,
doorways, and air intakes, and disposing of collected debris. The
City also requires that operators attend a training session every
two years. The City exempts residential property owners using~
equipment on their own property from the training session.
Attachment 3 includes code excerpts from the other cities that
staff contacted.
Staff has developed a draft ordinance for adoption at the pleasure
of the Council. The ordinance was modeled after selected
provisions of both the~ City of Newport Beach's existing ordinance
and Irvine's ordinance. Staff has included provisions that are
conservative in terms of administrative requirements (i.e.,
staffing needs, costs). A review of Irvine's ordinance indicates
that implementing similar testing requirements and educational
programs would be cost prohibitive in terms of staffing and
enforcement. A new subsection, 4616 (4), is designed to achieve
the following:
City Council Report
Ordinance No. 1156 - Noise Control
August 7, 1995
Page 3
a ,
Limit the activity of property maintenance
equipment without incurring significant costs
for enforcement.
b .
Provide flexibility for regulating a broad
range of property maintenance equipment.
C .
Conform in style and format with the recently
approved code amendment concerning
construction noise.
d.
Address possible concerns of businesses by
providing an exception for property
maintenance activities occurring in industrial
or commercial areas that are a minimum
distance of 750 feet away from residential
areas.
e .
Define what constitutes property maintenance
equipment.
Provide an exception for maintenance of public
facilities.
g
Provide an exception for situations of urgent
necessity.
The proposed ordinance also includes revisions to Section 4717 (i),
Exemptions. This revision is suggested to provide a comprehensive
and uniform policy regarding noise generated from general property
maintenance activities. All proposed revisions to the existing code
are shown in Attachment 4.
The City Attorney has 'reviewed and approved the draft ordinance.
Publishing of a public notice for this type of code amendment is
not required bY State law.
CONCLUSION
The use of loud maintenance equipment such as leafblowers and
parking lot sweepers is difficult to enforce and a concern for
residents. Should the City Council wish to adopt enforceable
City Council Report
Ordinance No. 1156 - Noise Control
August 7, 1995
Page 4
regulations regarding the use of property maintenance equipment,
Ordinance No. 1156 is attached.
Karen Sicoli
Assistant Planner
Christine A. Shingle~n
Director of Community Development
Attachments:
i o
2.
3.
4.
City of Newport Beach Ordinance
City of Irvine Code
Selected Cities Code Excerpts
Draft Sections 4616 and 4617
Exhibits: 1. Draft Ordinance No. 1156
ATTACHMENT 1
CITY OF NEWPORT BEACH ORDINANCE
Note: Newport Beach is currently amending their code.
currently existing and shaded text is proposed.
Text in strike-out is
6.04.055 Use of Mechanical Blowers. A. MECHANICAL BLOWERS. Whenever used in
this code, the words MECHANICAL BLOWER shall refer to a device which is used, designed, or
operated to produce a current of air by mechanical, electrical or other means to push, propel, or blow
d~!ii!~ii!e~i.~ass Cl.iPPhi~,. tri~gs, cuuings, refuse or debris.
B. USE OF IVlECHANICAL BLOWER.
...
Mechanical blowers may be used and operated within the City to sweep or clean any
surface of di~;:'du~:il.~V~ grass. O!ipph~: ~~gS,. cuttings, refuse or debris so
swept or blox~m are not left in or upon a,i~ ~dja~t oriother parcel any street, public
place or right-of-way, public beach, or on the shore, or in the waters of Newport Bay:.
~ie'hoUi~°r~perati..~::!i~!dmaximam nOi~le~el~ist~allbe subject to thepr0visi°ns of
Cllapter 10/28...~i:: S~C~g ! 0~28~045.11.
C. VIOLATIONS- i:. Any person who uses a mechanical blower and causes or permits
cuttings, refuse or debris swept of. blowm by the mechanical blower to be left in places contrary' to the
provisions of subsection B hereof is guilt3, of an hffraction.
·
!:.0!528~045 Real: prO3e~;i:55:Maintehanc~"i:'i::5¢Noisle: ':RegUlations. l¥laini~ni'iC
R~i!~i6~?:!i!i::::A~i-::Weekd%'s and'.samrda3~:.. N6'~'~rSon'~Shall, :~ O'lfite ~gag~' N 'maiffi6nan~'0f real
. ~ .::~ate.any:tool,:.equipmem~:Ogma~Nem a.:~nam~::which pr~uces loud noi~at::dimrbs,
~~: ;: a' ~on'Ofnomai?seniifivityWh9. wore'or r~i~: N the x4ci~fiB', exc~t
~~?~~u~;°f"7iOO~:~}~;::~d:~;6~30:~:;:~:~~i~°~~ :Vary, nor ~y. S~Y;':::except
~:.~~ 5~ ~:.~1, 'equipment dr 5~a~i~5::~ a: ma~ Whieh ~~..lOud noise that
~:~i~h'ofn~al'Seimitivit¥:~'h0~:~0r~ :a~:ieSides~:~ me:'ViciN~,, on any Sunday. 56r; filYfederal
~:~, N6'q=d°Wn=;~.g~d~i:.:~P~°pe~Y:~mahitena,!~.sse~ice, contractog su
::~?~t ~'alloxv:.~Y Pemon 6e3:~o~:Wor~g under ~k: dke~ion md c°h~dl.~t°°~rate
:: qaimem or maclfine in ~i0ta~6n of~e provisions Ofs~is Se~on.
DRAFT
Di Afler.Janua~':i.1, 199.6, mechahical bloxvers, as defined in Section 6.04.055, shall not be
oP~fi:.i!fi~i~i,i~Gise le~liii~at;~exce~i:i~an:::~'weighted sound pressure level of 70 dBA. as measm-ed at a
di~i~i:!~i~0ilfeet.. '~:J~U~!:i:l:~.i;19993::sUch~equip~ent shall not be operated at a noise.'leVel that
ex~ii~ii!~bight~i:~Ufifiilpres~ile~el of 65;:~dBAq.':as measured from a distance of 50 feet:
Exee~i~!iii~h~':Pr~~.i~fthi~ ?cti6ii!!?Shall not apply to the following:
:t.: cg~~ma~fenan6~"iauthorized by flae Building Director.
~ ~i~~:~ or: ~~:_ ~ment of may public work o~i:'~acilityby Public
;:i!~ :~'~on ~':-Pe~fls acting pursuant to a publ:i~' w°~i:d~iract,
~::i~j~ili~y ~i6~ii~ ~ffoff:~g SUch work or pursuant I0 the direc' fion°f;
fi~iiii~!ii!mlm::~L;!ii.aK~ilPubli6!!age~i~B provided, however, this exceptioh Shall i~°t
! i!iiiib::'.i ¢iiii:Ci) ii i .Ne rt':B ch, 'or its employees, con~aa0rs or.:~em:S}i
main~mo~}:.:repak::or in~r0x'ement is immediately necessary to maintain
publi,:seN-ioeS; or.
b'i The~miifii~lanCe;-:;!:repai(°r improvement is"bf a nature that
feagibly, be!!~onduC~ed dung n0nnal business hours.
c. Tlae;Git)~'C°m~41'haS apPrOved prqject specifications: co,m-act provisions,
or an.en¥~°mental:domment that specifically authoiqzes construction
during:houm;oftheday x,~i~h would otherx.~Sse be prohibited pursuant to
this Secti0n.
3:' i~i~!!:°n!~.co~ conducted between the hours:of6:OO~a:m.~
~a}iigii06¢:.iP~!i!ii~3:.~l..:~.!!t3=~i.i.~fgolfcourse mainte~an~ between'~ehom
~f~¢~!~i~,.~!~.i.~i~ii!:~rox4~:. ~.n0maintenance activity eommen~!;~, fore
F~ Penalfi~ii:~gi~i,~ioi:~01ates:,~y pro,ion offlfis se~ion is guilt3,:of.a.misdemeanor
~ii~l~::~tto~.is ~~:::~!i::~i°rii ~ualltto the :~°visi0ns of Section 1:04
10.28.050 Exceptions. The provisions of Section 10.28'.040 and SectiOn'10:28:045 shall not
be core, rued to prohibit such work at different hours by or under the direction of any gov¢i-iiiiiontal 6ther
..... - · :...:..~:...:< .:.
~g~!i:.~ agency in cases of necessity or emergency.
DRAFT
ATTACHMENT 2
CITY OF IRVINE CODE
§ V1.K-3G4 IRVINE CODE
(c) Noise zone 3: All commercial properties ex-
cluding professional office properties.
(d) Noise zone 4: All industrial properties.
(2) Exterior and Interior Noise Standards:
(a) The following noise standards, unless other-
wise specifically indicated, shall .apply to all
property within a designated noise zone.
NOISE STANDARDS
dB(A)
Noise Levels for a Period Not Exceeding
(minutes/hour)
Noise Time
Zone Period 30 15 5 I 0 (any time)
Exterior 7:00 a.m.-10:00 p.m. 55 60 65 70 75
10:00 p.m.-7:00 a.m. 50 55 60 65 70
Interior 7.~0 a.m.-10:00 p.m. -- -- 55 60 65.
10:00 p.m.-7:00 a.m. -- -- 45 50
Exterior Any time 55 60.65 70 75
interior Any time -- -- 55 60 65
Exterior Any time 60 65 70 75 80
Interior Any time 55 60 65
Exterior Any time 70 75 80 85 90
60 65
Interior Any time -- -- 55
(b) It shall be unlawful for any person at any
location within the city to create any noise or
to allow the creation of any noise on property
owned, leased, occupied or otherwi-ee controlled
by such person which causes the noise level
when measured on any property within des-
ignated noise zones either within or without
the city to exceed the applicable noise standsxd.
(c) Each of the noise standards specified above
shall be reduced by five (5) dB(A) for impact,
or predominant tone noise or for noises con-
sisting of speech or music.
(d) In the event that the noise source and the
affected property are within different noise
zones, the noise standards of the affected prop-
erty shall apply. (Ord. No. 84-18, 9-11-84)
vehicles, and equipment that are making or are
involved with material deliveries, loading, or
transfer of materials, equipment service, mainte-
nance of any devices or appurtenances for or
within any construction project in the city shall
not .be operated or driven ,on city sweets outside of
these hours or on Sundays and federal holidays
unless a temporary waiver is granted by the City.
Any waiver granted shall take impact upon the
community into consideration. No construction ac-
tivity and agricultural operation will be permitted
outside of these hours except in emergencies in-
cluding maintenance work on the city rights-
of-way that might be required.
(2) Maintenance of real property operations may
exceed the noise standards between 7:00 s.m. and
7:00 p.m. on any day except Sundays, or between
9:00 a.m. and 6:00 p.m. on Sundays or a federal
holida . _ ......
(~ /ol__lows:
"-ia) Definition of leaf blower: Leaf blowers are de-
fined as portable power equipment that is pow-
ered by fuel or electricity and used in any
landscape maintenance, construction, prop-
erty repair, or property maintenance for the
purpose of blowing, dispersing or redistrib-
' uting dust, dirt, leaves, grass clippings, cut-
tings and trimmings from trees and shrubs or
other debris.
~b) Limitations on use:
(i) Ail leaf blowers shall be equipped with a
permanently installed limiter that re-
stricts the individual equipment motor
performance to half throttle ~peed or less,
and will produce not more thon seventy
(70) decibels db(A) measured at the mid-
point of a wall area twenty (20) feet long
and ten (10) feet high and at a horizontal
distance fifty (50) feet away from the mid-
point of the wall, or not more than
seventy-six (76) db(A) at a horizontal dis-
tance of twenty-five (25) feet using a
sound level meter set at level A.
(ii) Each individual leaf blower shall be
tested and certified for use by the City of
Irvine or its designated representative.
Each individual leaf blower shall bear the
label of required approval in a visible lo-
cation on the equipment prior to use and
Sec. VI.K-305. Special provisions.
&
(1) Construction activities and agricultural op-
erations may occur between 7:00 a.m. and 7:00
p.m. Mondays through Fridays, and 9:00 a.m. and
6:00 p.m. on Saturdays. No construction activities
shall be permitted outside of these hours or on
Sundays and federal holidays unless a temporary
waiver is granted by the manager of building and
safety or his authorized representative. Trucks,
Supp. No. 36
6298
POLLUTION § VLK-306
(c)
(/ii)
(iv)
(v)
at all times during use. A fee for the city
to recover all costs connected with equip-
ment approvals shall be charged in an
amount set by city resolution.
The use of leaf blowers is prohibited ex-
cept between the hours of 8:00 mm. and
5:00 p.m.~ionday through Friday and be-
tween 9:00 am. and 5:00 p.n~ on Sat-
urday.
Leaf blower operations sh~ll not cause
dirt, dust, debris, leaves, grass cuppings,
cuttings or trimmings from trees or
shrub~ to be blown or deposited on any
public right-of-way/property other than
the parcel, land, or lot upon which the
leaf blower is being operated. Depositz of
dirt, dust, leaves, grass clippings, debris,
cuttings or trimmings from trees or
shrubs shall be removed and disposed of
in a sanitary manner which will prevent
dispersement by wind, vandalism or sim-
ilar means within six (6) hours of deposit
by the user or property occupant.
Leaf blowers shall not be operated within
a horizontal distance of ten (10) feet of
any operable window, door, or mechan-
ical air intake opening or duct.
No person using leaf blowers shall ex-
ceed noise limitations set by section
VI.K-304 of the City Code of Ordinances.
Education:
Each person operating an individual leaf
blower is required to complete not less
than one (1) training session of content
and time approved by the City of Irvine
Administrative Authority prior to opera-
tion of leaf blower equipment. Training
and qualification shall be required for cer-
tification at least every two (2) years for
each individual equipment user.
(fi)
The equipment operator shall carry cer-
tification of the training and qn_~nllfic~t-
tion at all times during equipment use
and make it available upon demand.
Failure to abide by the use requirements
contained in this Code and/or the certifi-
cation training provided will be cause for
the City of Irvine to revoke such certifi-
cation.
SUplr No. 36
(iii) Exception: An individual residential prop-
erty occupant operating a single leaf
blower hlmselfor herself in a manner con-
Freed to his or her own property shall be
excepted from the education requirements
set forth by this subsection.
(d) Fees: A fee for the city to recover all costs
connected with training, testing, certification
and enforcement shall be charged in an
amount set by city council resolution.
(4) The following activities shall be exempted
from the provision of this chapter:
(a) School bands, school athtetic and school en-
terta/~ment e~,~, providod aa/d even~ are
conducted on school property or authorized
by special permit from the city.
(b) Activities otherwise lawfully conducted on
public parks, public playgrounds and public
or private school grounds.
(c) Any mechanical der/ce, apparatus or equip-
ment which is utilized for emergency work,
pest control, and protection or ~est of ag-
ricultural crops during-periods o/~ potential or
actual frost damage or other adverse weather
conditions.
(d) Any activity or equipment to the extent that
design regulation thereby has been preempted
by state or federal law.
The manager of building and safety or his duly
authorized representative and city police shall en-
force where necessary the provisions of this
chapter. Bio person shall interfere with, oppose or
resist any author/zed person charged with the en-
forcement of this chapter which such person is
engaged in the performance of his_ or her'duty.
(Ord. No. 84-18, 9-11-84; Ord. Bio. 88-11, §§ 1, 2,
5-24-88; Ord. No. 90-2, § 1, 2-13-90; Ord. No. 90-7,
§ 1, 4-10-90)
Edltor'o note-Section 2 of OrcL No. 90-7, adopted Apr. 10,
1990, effective May 10, 1990, mended § VI.K-305 in its en-
tirety. Section 1 of Ord. No. 90-2, adopted Feb. 13, 1990, effec-
tive Aug. 13, 1990, amended subsection (3).
Sec. VLK-306. Enforcement.
The manager of inspection services or his duly
authorized representative shall enforce the pro-
.visions of this, chapter. No person shall intePfere
with, oppos~ or reaist any authorized person charged
with the enforcement of this chapter while such
person is engaged in the performance of his duty.
(Ord. No. 84-18, 9-11-84)
6299
§ VLK-80? ~RVINE CODE
Sec. VI.K-307. Waiver procedure.
(1) The owner or operator of a noise source
which violates any of the provisions of this chapter
may apply for temporary waiver with the man-
ager of building and safety. Any waiver granf~d
shall take impact upon the-community into con-
sideration and state why immediate compliance
cannot be achieved, a proposed method of
achieving compliance, and a proposed time
schedule for its accomplishment. Said application
shall be accompanied by a fee as listed in the city
council resolution for variances where deemed ap-
propriate and necessary by the city administra-
tive authority.
(2) A separate application shall be filed for each
noise source; provided, however, that several
sources under common ownership or several
sources on a single property may be combined into
one (1) application.
(3) An applicant for a waiver shall remsin sub-
ject to prosecution under the terms of tbls chapter
until a waiver is granted.
(A)'Within sixty (60) days of receipt of an ap-
peal, the city council shall either affirm, modify
or reverse the decision of the manager of building
and safety at a duly notified public hearing. (Or&
No. 84-18, 9-11-84; Ord. No. 90-7, § 2, 4-10-90)
Sec. VI.K-308. Appeals.
(1) The decision of the manager of inspection
services on waiver applications may be appealed
to the city council. Appeals shall be filed with the
city clerk and shall be accompanied by a letter
stating the reasons for the appeal.
(2) An appeal shall be accompanied by a
deposit/fee of one hundred fifty dollar~ ($150.00)
to be updated on an annual basis by city council
resolution.
(3) An appeal shall be filed within fifteen (15)
days of the decision of the manager of inspection
services.
(4) Within sixty (60) days of receipt of an ap-
peal, the city council shall either affirm, modify
or reverse the decision of the manager of inspec-
tion services at a duly notified public hearing.
(Ord. No. 84-18, 9.11-84)
Supp. lqo. 36
6300
ATTACHMENT 3
SELECTED CITIES CODE EXCERPTS
SELECTED CITY CODE EXCERPTS
§ 4-24.507 REDONOO BEACH MUNICIPAL CODE § de24,.,410
--
Sec. 4-24.507. Dom&stic power tools.
(a) The operation or permitting the operation of arty mechardcal
power saw, sander, drill, grinder, lawn or garden took or similar tool, or
pneumatic or other air-powered toot between 10:00 p.m. and 7:00 a.m.
of the following day so as to be audible to the NCO at the complainant's
teal ptope[ty line shall be prolxibited.
(b) Any pneumatic or other ali-powered tool, motor, mac, kiaery,
pump, or the like shall be pro.perly muffled a~d maintained in good
working otcler.
(c) It shall be unlawful to operate any motorized l~af blower
within the City during the following hour~:
(1) From 8:00 p.m. through 8:00 a.m. on Mondays through
Fridays; and
(2) From 6:00 p.m. through 9:00 a.m. on Saturdays and
Sundays.
(§ 1, Ord. 2183 e.s., eft. Augl4S. t' 11, 1976, as amended by § l, Ord. 2450
c.s_, eft. November 20, 1986, and § 1, Ord. 2e,78 c.s., elf. October 15,
1987)
CITY OF SOLANO BEACH
7.34.080 Portable internal
combustion engine-
powered machines (leaf
· blowers).
A. Regulation. It is unlawful for any
person to use or operate within the city any
portable machine powered by an internal
combustion engine (leaf blower), to blow
leaves, dirt and other debris off sidewalks,
driveways, lawns and other surfaces, except
between the hours of nine a.m. and five
p.m. on Monday through Friday, or between
the hours of twelve noon and five p.m. on
Saturday and Sunday.
B. Exemption. Upon a request and a
showing of good cause, the city council
may grant an exemption from the provisions
of subsection A of this section upon such
terms and conditions as the city council
deems appropriate, with respect to the use
of leaf blowers on certain property to clean
recreational facilities such as tennis courts
and similar recreational areas where the
property for which the exemption is granted
has four or more such recreational facilities
and where the facilities to be cleaned are
not located within two hundred feet of any
residential use. (Ord. 147 § I (part). 1991)
SAN DING0 MUNICIPAL CODI~
..
held: or. back pack,, engine, powered device- with a
nozzle that create5 a ~le ai_rstream'which is
capable of and intended:for movii~ l~&ves axtd 118hr
2. No pexson shall operate'a leag blower'in an3,
residential zoned axes between the hours of 7 p~m.
ancl_~lM~L on weekda~ and .5 pan. and 9 ~
weekends or on legal hollday~ specked in section
21.04 of this Code.
3, After Oc~ber 9, 1991 and through June 30,
1993, no person may operzze any leaf blower at
~ound level in exce~ of 70 decibela measured at
~ce ors0 feet or greater from the point
origi~ Beginning on July 1, i993, no person may
operate a~y leaf blowcx at a sound level in excess of
65 dcctbeis measured at a. distance of 50. feet or
greater t~om the point of noise o~
a~ Besirmlng on July 1, 1993, leaf blowers shall
be equipped with functional mufflers, and an
approv~ aotmd ~.de~lce required to ensure
sound level exceeding any ltmit pregcrfbed in this
aet:t;ion... ..., . ..... ~ .;:. .......
operation shall, be cleaned, up and;dispoeed of in
accordance'with Chapter IV, Article 4, of this Code
(Am ended 9.. 9..91 by O- 17676 N.,.9.)
ATTACHMENT 4
DRAFT SECTIONS 4616 AND 4617
DRAFT SECTIONS 4616 AND 4617
The proposed revisions~ are provided for ease of reference. Shaded
text is proposed for addition; text shown in strike-out is proposed
for dele tion.
4612 DEFINITIONS
4616 SPECIFIC DISTURBING NOISES PROHIBITED
It shall be unlawful for any person to make, continue, cause to
allow to be made or continued for any amount of time the following
acts and things which are hereby declared to be unnecessary,
excessive and annoying in violation of this article:
4617 EXEMPTIONS
The following activities shall be exempted from the provisions of
this chapter:
(i)
'~:~:~:~:~:~:~:~:~¥~:'~'~~ the hours of 7:00 A.M. and 6:00 P.M.
~~Sii!i~j~i~i~, or between the hours of 9:00 A.~*~'[
........ .1.:.: :.:.:.:.:.:.:.: >:.:.:.:.:.: :.:.:.:.:.:.:.:..:: .>:.:.: :.:.::::: :.:+:.:.:.:.: >:.:: :.:.:.. :::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: :.:.:.::: :::.:.:.:.:::.:.:.: :::::::::::::::::::::::::::::::::::::
EXHIBIT 1
DRAFT ORDINANCE NO. 1156
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 City Council of the City of Tustin finds and determines as
follows:
ao
Noise associated with the late night or early
morning use of property maintenance equipment
including, but not limited to, leaf blowers and
parking lot sweepers can be detrimental to the
public health, welfare, and safety.
o
Uncontrolled noise from property maintenance
equipment is contrary to the public interest and
the quiet enjoyment of residential homes.
C o
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 or parking lot sweeper which produces a current of
air. by mechanical, electrical, or other means to push, propel,
or blow dirt, dust, leaves, grass clippings, trimmings,
cuttings, refuse, or debris, or any other appliance intended
for the maintenance or landscaping of pUblic or private
property."
Section 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 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 Friday, and between
5:00 P.M. and 9:00 A.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
litter and debris generated by mechanical blower operation
shall be cleaned up and disposed of in accordance with Section
4421 of this Code.
Exceptions:
i .
Property maintenance equipment may be
used at any time on industrially and
commercially zoned and used property
provided that 1) ' the equipment is
operated at least 750 feet from
residentially zoned or used property;
and, 2) the use of such equipment
complies with the noise standards
established by this Chapter during the
hours of 6:00 P.M. to 7:00 A.M.
ii. Public property maintenance is exempt
from the provisions of this Ordinance.
iii. Property maintenance activities may be
permitted outside of those limitations
identified in subsection 4616 (4) in 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 type
of activity that is proposed. In granting
a temporary exception, conditions may be
imposed on the maintenance activities 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 requestor, Police
Department and project file.
Section 3. Article 4, Chapter 6, Section 4617 (i),
Exceptions, of the Tustin City Code is hereby repealed and
replaced with the following:
(i) Noise sources associated with the use and operation
of property maintenance equipment on industrially
and commercially zoned real property, provided said
activities take place between the hours of 7:00
A.M. and 6:00 P.M., Monday through Friday, or
between the hours of 9:00 A.M. and 5:00 P.M. on
Saturday. No exception shall be made for 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 7th day of August, 1995.
JIM POTTS
Mayor
MARY WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO.
MARY E. WYNN, 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 City Council held on the 7th day of August, 1995 and
passed and adopted at a regular meeting of the City Council
held on the day of , 1995, by the following
vote:
COUNCILMEMBER AYES':
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk