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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 y erk 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 ea~o~,ord