HomeMy WebLinkAboutOrdinance 812 ORD L'IANC E NO. 81
AN ORDINANCE OF THE CITY OF CUPERTI`O ADDING CHAPTER 10.46
TO THE CUPERTINO MUNICIPAL CODE TO PROHIBIT CERTAIN TYPES
OF COP;STRUCTION ON SATURDAYS, SUNDAYS AND HOLIDAYS, AND
DURING CERTAIN HOURS ON WEEKDAYS, AND DECLARING THE
URGENCY THEREOF
THERE IS HEREBY added to the Cupertino Municipal Code, Chapter 10.46
entitled "Prohibition of Certain Types of Construction on Saturdays, Sundays
and holidays , and During Certain. Hours on Weekdays" to read as follows :
Section 10.46.010. Purpose. This Chapter is enacted to protect the
?uulic health, safet7 and general welfare of the citizens of the City of
Cupertino, particularly their peace and quiet on Saturdays, Sundays and
Holidays , and at night time, upon an interim basis until such time as a
comprehensive noise ordinance is enacted.
Section 10.46.0'?0. Definitions. For the purposes of this Chapter:
(a) "Holidays": The term "holiday" shall mean the following days:
New Years Day Labor Dav
Memorial Day Thanksgiving Day
Independence Dav Christmas Dav
(b) "Person .ie term "person" shall mean any individual,
partnership, association, corporation, governmental body or unit, or
agency (other than :he City of Cupertino) , or any other entity.
(c) "Construction": As used herein, the term "construction"
shall mean any grading operation on public or private property;, any•
street construction, including underground utilities .
Section 10.46.030. Application. Nothing contained in this Chapter
shall be construed to apply zither to existing single family dwellings
or duplexes , or to emergency street or utility repairs , or any public utilit,r,
public agency , or .`rancnisee or their contractors.
Section 10.46.040. Construction During 3aturdays, Sundays and I'olidays,
and DUL .-ng Certain hours in .;eekdays - Prohibited. It shali be unlawfui
and a public nuisance ter any person to car^: in construction at any loca-
tion witnin 750 feet of a resicential area duing Saturdays, Sundays and
�?olidays , as h r
ereinabove defined, and on :reekdays , between the hours of
3:00 p.m. and 7:00 a.m. of the following day, .rithin the City of Cupertino.
Section 10.46.050. Exceptions. Lpon application by any person for
.in exception, either tiie City `Tanager, or his desiLnated representative,
=a%• aut.wrize conditiona: exceptions to any of the recuirements and regulations
set forth in this Chapter -,here auy one of the following conaitions artist:
(a) The method of construction necessitates a continuous operation.
(b) The construction, if not allowed to proceed within its des-
ignated hours , will result in the interruption of traffic on a major
street.
(c) It is in the public interest for utilities to shut down their
services for repair or construction.
(d) The construction cannot be stopped without creating either
safety problems or hazardous conditions.
(e) 'There practical difficulties , or unnecessary hardships,
may result.
Section 10.46.060. Appeals. Any person may appeal the decision of the
amity Manager, or his designated representative, to the City Council by filing
a .written notice of appeal :with the City Clerk. Upon the filing of such
notice, the Clerk shall cause the appeal to be placed on the City Council
agenda to be heard at its next regularly scheduled meeting.
Section 10.46.070. Violation Declared a Nuisance - Penalty. Violation
of any provision of this Chapter is declared a public nuisance. Any person
who violates any provision of this Chapter shall be deemed to be guilty
of an infraction and, upon conviction thereof, shall be punished as provided
in Chapter 1 .12.
Section 10.46.080. Severabilitv. If any section, subsection, subdivision,
sentence, clause, or phrase of this Chapter is for any reason held to be
-inconstitutional or otherwise void or invalid by any court of competent
urisdiction, the validity of the remaining portions of this Chapter shaii
not be affected thereby.
Section 10.46.090. �'rgencv. This ordinance is herebv declared an
urgency measure and shall be in full force and effect immediately uaon its
enactment. The facts constituting such urgency are as follows:
The City Council of the Citv of Cupertino believes that the public health,
peace, comfort and general welfare will be enhanced by the elimination of
the -poise pollution created by weekend, holidav, late night and early morning
_onstruction.
iNTRCDUCED AND E7ACTM at a regular meeting of t^e City Council of
the City of Cupertino this 19rn day of tiar 1979 by the following
vote:
Vote `!embers of the Citv Council
AYES : Jackson, O'Keefe, Rogers
NOES: Sparks, Mevers
None
ABSTA:N: None
Ordinance No. 812
.APPROVED
Mayor, Citv of Cuperti
ATTEST:
wit,: Clerk
- 3 -