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ORDINANCE NO. <br />,� <br />AN ORDINANCE OF THE CITY OF NEWPORT BEACH <br />AMENDING SECTION 20.10.035 OF THE NEWPORT <br />BEACH MUNICIPAL CODE AS IT PERTAINS TO <br />THE HOURS OF OPERATION OF POOL PUMPS IN <br />• RESIDENTIAL DISTRICTS <br />The City Council of the City of Newport Beach DOES <br />ORDAIN as follows: <br />SECTION 1. Section 20.10.035.of the Newport Beach <br />Municipal Code is amended to read as follows: <br />20.10.035 SWIMMING POOLS AND RELATED EQUIPMENT - YARDS. <br />Any swimming pool, fish pond, or other body of water which contains <br />water eighteen inches or more in depth for use in connection with <br />any residential use shall be permitted in any required yard space, <br />provided that the enclosing fence required in Chapter 15.04 of <br />this Code is permitted under the provisions of Sections 20.02.070 <br />and 20.10.025, F, of this Chapter. <br />• <br />Any pump, filter or heater installed to serve such <br />body of water within ten feet of a side or rear property line <br />(unless said property line is adjacent to a street or alley) <br />shall be sound attenuated in such a manner as to achieve a <br />maximum sound level of 55 dBA at said property line. Any such <br />pump, filter or heater shall not be considered an accessory <br />building so long as any required housing thereof does not exceed <br />six feet in height. Pumpsmay be operated only between the hours <br />of 8:00 a.m. and 10:00 p.m. <br />Should it be determined by an acoustical engineer <br />that the existing ambient noise levels at a specific site exceed <br />55 dBA at 10:00 p.m., then the acoustical engineer shall certify <br />that the operation of the pool pump or related equipment will not <br />• result in any increase in noise levels over the ambient level as <br />determined by said acoustical engineer. <br />