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HomeMy WebLinkAbout1321 ORDINANCE NO. 1321 AN ORDINANCE OF THE CITY COUNCIL OF Tfre CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW PART 6 ENTITLED "NIGHT- TIME CONSTRUCTION." THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2 of Article IV of the Arcadia Municipal Code is hereby amended by adding thereto a new Part 6 entitled "Nighttime Construction", containing Sections 4261 through 4265, the same to read as follows: ARTICLE IV. CHAPTER 2. PART 6. PUBLIC WELFARE, MORALS AND POLICY. DISORDERLY CONDUCT, NUISANCES, ETC. NIGHTTIME CONSTRUCTION. 4261. PROHIBITED HOURS DEFINED. The term "prohibited hours" as 7:00 ~!l o'clock used in this Part shall mean axv time after p.m. of any day; any the hour of 7:00 time before the hour of ~ o'clock a.m. of any day; any time on any Sunday; and any time on any of the following holidays: January 1 (New Year's Day); May 30 (Memorial Day); July 4; Labor Day; November 11 (Veteran's Day); Thanksgiving Day; and December 25 (Christmas Day); provided that if in any calendar year any such holiday falls on a Sunday, the follow- ing Monday shall constitute the holiday. 4262. CONSTRUCTION LIMITED. Unless a permit so to do shall first have been obtained as provided in Section 4263, no person shall during prohibited hours engage in any earth excavation, land fill or earth moving operation or in the construction of any portion of a building or structure. nor shall any person during pro- hibited hours use or operate any truck, tractor, crane, rig or any mechanical equipment of any kind in connection with, in the perform- ance of or in furtherance of any of the foregoing. -1- 1321 4262.1. SAME. EXCEPTION. The provisions of the preceding Section shall not apply to any department of the City, to the opera- tions or equipment'of any public utility company, or to any vehicle or equipment moving on a public street if such vehicle or equipment be- cause of its size l'equires a special permit from a regulatory agency for the operation thereof on a public street. 4263. PERMIT. Any person desiring a permit to do any act described in Section 4262 during prohibited hours may make application to the Superintendent of Building and Safety for a permit therefor. No such permit shall be granted unless the applicant therefor submits proof of special circumstances establishing that the performance of any such act during prohibited hours is by its very nature necessary, or that the public welfare of the City or of the community will be better served by the performance of such activities during prohibited hours, or that the location for which a permit is requested is so far removed from occupied buildings that the public welfare and convenience will not be adversely affected by the performance of any such work during prohibited hours. Mere financial hardship or loss shall not of itself constitute sufficient proof of necessity to warrant the issuance of a permit under this Section. 4263.1. SAME. VIOLATION. No person shall violate any condi- tion or term of a permit issued pursuant to the preceding Section. 4264. APPEAL. Every person aggrieved by any decision of the Superintendent of Building and Safety on an application filed pursuant to Section 4263 may in writing appeal such decision to the City Council. The City Council shall at its first meeting following the filing of such appeal receive all pertinent testimony, and at the conclusion of such hearing shall affirm, modify or reverse the decision of the Super- intendent of Building and Safety; provided, however, that no such hearing need be concluded on the date upon which hearing is commenced, nor prior to the time the Council determines that it has received sufficient testimony to enable it to make a proper decision in the matter. -2- 1321 4265. PERMIT ENDORSEMENT. Notice of the provisions of Sec- tions 4261 and 4262 shall be printed, stamped or otherwise endorsed on 'every building permit hereafter issued. SECTION 2. This Ordinance is hereby declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety and shall take effect immediately upon its adoption. A statement of the reasons for its urgency is as follows: Building construction, earth excavation, land fill and earth moving operations, and the operation of heavy equipment in the performance thereof, when conducted during prohibited hours, as hereinbefore defined, excessively disturbs the peace and quiet of neighborhoods and unre~son- ably interferes with the sleep and rest of the inhabitants thereof, thereby injuring and jeopardizing the public~ peace, health and safety. ,/' Inasmuch as late night and early morning construction is already in progress and more of it is imminent, it is necessary that this Ordinance take effect immediately upon its adoption. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 5th day of April , 1966, by the affirmative vote of at least Tour Councilmen, to wit: AYES: Councilmen Balser, Considine, Forman, Turner and Reibold None NOES: ABSENT: None City Clerk SIGNED AND APPROVED this ~~~ City Clerk (SEAL) -3- 1321 I HEREBY CERTIFY that the foregoing Ordinance was readopted at a regular meeting of the City Council of the City of Arcadia held on the 19th day of April, 1966, by the affirmative vote of at least three Councilmen, to wit: AYE~: Councilmen Balser, Considine, Forman, Turner and Reibold NOES: None ABSENT: None SIGNED AND APPROVED this 19th day April, ATTEST: au~ ~~~U0~~ City Clerk (SEAL) -4- 1321