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HomeMy WebLinkAbout89-17 - Amending Section 10.28.040 of Newport Beach Municipal Code Pertaining to Construction NoiseORDINANCE NO. 89 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.28.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION NOISE. The City Council of the City of Newport Beach does hereby I* ordain as follows: Section 1: Section 10.28.040 of the Newport Beach Municipal Code shall be amended to read as follows: 10.28.040 - Construction Activity -Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of 7:00 a.m. and 6:30 p.m., nor on any Saturday except between the hours of 8:00 a.m. and 6:00 p.m. • B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday nor on any Holiday. For the purposes of this sub - section, the term "Holiday" shall mean January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day) , November 11th (Veterans Day) , the fourth ,Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. C. No landowner, construction company owner, contractor, sub - contractor, or employer shall permit or allow any person or persons working under their direction and control to 11 operate any tool, equipment or machine in violation of the provisions of this section. D. Exceptions. The provisions of this section shall not apply to emergency construction work authorized by the Building •official, nor to the construction, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or to any person or persons acting under the direction or control of an employee of any public agency. E. Penalties. • Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of the Newport Beach Municipal Code. Section 2: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July , 1989, and adopted on the 14th day of August 1989, by the following vote, to -wit: AYES, COUNCILMEMBERS Strauss, Plummer, Hart, Turner. Watt. Sansone. Cox NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None .. ,% 3 P" AU1hOf1Zod IO Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A-6214. dated 29 September_1961. and A- 24831. dated 11 June. STATE OF CALIFORNIA County of Orange s, W au 4,iis ras y rraa I am a Citizen of the Urgted States and a resident of the unty aforesaid l am over the age of eighteen yd not a party to or interested in the beiow e atter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a MAIM of Ord' nanny of which copy attached It is a true and complete copy, was printed and published in the Costa Mesa. _ Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time consecutive weeks to wit the issue(S) of August 91 198 9 _ 198_ a . 198 , 198_ 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 21 at Costa Mesa, California_ Signature ORDINANCE NO. 89-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.28.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION NOISE. The City Council of the City at Newport Beach does hereby ordain as fol- lows: Section 1: Section 10.28.040 of the Newport Beach Municipal Code shall be amended to read as fol- lows: 10.28.040 - Construction Activity -NOlse Regulations. A. Weekdays and Satur- days. No person shall, while en- gaged in construction, re- or or could disturb, a person of normal sensitivity who works or resides In the vicinity, or any weekday except be- tween the hours of 7:00 a.m. and 6:30 p.m., nor on any Saturday except between the hours of 8:00 a.m. and ;6:00 p.m. B. Sundays and Holidays. No person shall, while en- gaged in construction, re- modeling, digging, grading, demolition, painting, plaster- ing or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or or resides In the vicinity, any Sunday nor on any 1 iday. For the purposes this sub - section, the h "Holiday" shall mean Ja ary 151, the third Monda! February 'President's D I(Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and Decem- ber 25th (Christmas). If January 1st, July 41h, No- 1vember 11th or December 25th falls on a Sunday, the following Monday Is a hol- iday. nnnn`: n= r I1- 11 It ^_A ?17 1.. C. No landowner, con- struction company owner, contractor, sub- contractor, or employer shall permit or allow any person or persons working under their direc. tion and control to operate any tool, equipment or ma- chine in violation of the provisions of this section. D. Exceptions The provisions of this sec- tion shall not apply to emergency construction work authorized, by the Building official, nor to the construction, repair or im- provement of any public work or facility by public em- ployees, by any person or persons acting pursuant to a public works contract, or to any person or persons act-1 Ing under the direction or control of an employee of any public agency. E. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is de- emed an infraction pursuant to the provisions of Section 1.04.010 of the Newport Beach Municipal Code. Section 2: This Ordinance was introduced at a regular meeting, of the City Council of the City of Newport Beach held on the 24th day of July 1989, and adopted on the 14th day of August, 1989, by the following vote, to -wit: A Y E S, C O U N- CILMEMBERS Strauss, Plummer, Hart, Turner, Sansone, Cox, Watt NOES, CO U N -, CILMEMBERS — ABSENT COUN- CILMEMBERS — Donald A. Strauss, Mayor.- - ATTEST: Wanda E. Raggio CITY CLERK Published Orange Coast Daily Pilot August 21, 1989 M3901 Y