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.
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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
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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
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