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HomeMy WebLinkAboutORD 1143 (1995) 1 ORDINANCE NO. 1143 2 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: 6 A. Noise associated with commercial construction activity 7 can be detrimental to the public health, welfare and safety. 8 B. Uncontrolled commercial construction noise is contrary to 9 the public interest and the quiet enjoyment of residential homes. 10 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: 13 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 Article 4, Chapter 6, Section 4616 of the Tustin 14 City Code is hereby repealed in its entirety.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: 15 "Section 4616 Specific Disturbing Noises Prohibited 16 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. 25 27 28 Ordinance No. 1143 Page 2 1 2 3 (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. 26 27 28 Ordinance No. 1143 Page 3= 1 2 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. 24 25 26 27 28 Ordinance No. 1143 Page 4 1 ' 2 3 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."' 9 Section 3. Severability 10 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. 15 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. 17 18 THOMAS R. ~A~ARELLI 19 Mayor 21 RY WYNN Clerk 24 25 26 27 28 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