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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.
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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.
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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)
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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)
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