HomeMy WebLinkAboutORD 1156 (1995) 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:
A. 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,
lawn vacuum 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,
and/or debris or any other appliance intended for the maintenance
of landscaping on 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 attendedby
loud orunusual 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 tooperate 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
requestor, Police Department and project file.
Section 3. Article 4, Chapter 6, Section 4617 (i), Exceptions, of
the Tustin City Code is hereby repealed:
(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
All 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.
.....
AMELA STOKER
1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1156
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 City 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
October, 1995, by the following vote:
COUNCILMEMBER AYES: Ports, Wortey, Doyle, Saltarelli, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
~UNCILMEMBER A~
a~aela Stoker, City Clerk
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