Ordinance 812
ORDINAlTCE NO. 812
AN ORDINAllCE OF THE CITY OF CUPERTINO ADDING CHAPTER 10.46
TO THE CUPERTINO MUNICIPAL CODE TO PROHIBIT CERTAIN TYPES
OF CONSTRUCTION ON SATURDAYS, SU!:-.1DAYS 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
public health, safety 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 10.46.020. Definitions. For the purposes of this Chapter:
(a) "Holidavs": The term "holiday" shall mean the following days:
New Years Day
Memo rial Day
Independence Day
Labor Day
Thanksgiving Day
Chris tmas Day
(b) "Person": The term "person" shall mean any individual,
partnership, association, corporation, governmental body or unit, or
agency (other than the 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 either to ~~isting single family dwellings
or duplexes, or to emergency street or utility repairs, or any public utility,
public agency, or franchisee or t~eir contractors.
Section 10.46.040. Construction During Saturdays, Sundays and Holidavs,
and During Certain Hours on Weekdays - Prohibited. It shall be unlawful
and a public nuisance for any person to carry on construction at any loca-
tion within 750 feet of a residential area during Saturdays, Sundays and
Holidays, as hereinabove defined, and on \.Jeekdays, between the hours of
8:00 p.m. and 7:00 a.m. of the following day, within the City of Cupertino.
Section 10.46.050. Exceptions. Upon application by any person for
an exception, either the City aanager, or his designated representative,
may authorize conditional exceptions to any of the requirements and regulations
set forth in this Chapter where anyone of the following conditions exist:
(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) Where practical difficulties, or unnecessary hardships,
may result.
Section 10.46.060. Appeals. Any person may appeal the decision of the
City Hanager, or his designated representative, to the City Council by filing
a t.;ritten 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. Severability. If any section, subsection, subdivision,
sentence, clause, or phrase of this Chapter is for any reason held to be
unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portions of this Chapter shall
not be affected thereby.
Section 10.46.090. Urgency. This ordinance is hereby declared an
urgency measure and shall be in full force and effect immediately upon its
enactment. The facts constituting such urgency are as follows:
The City Council of the City of Cupertino believes that the public health,
peace, comfort and general welfare will be enhanced by the elimination of
the noise pollution created by weekend, holiday, late night and ear1v morning
construction.
INTRODUCED A~ID ENACTED at a regular meeting of the City Council of
the City of Cupertino this lSrn day of O~rnbQ~ , 1979 by the following
vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, O'Keefe, Rogers
Sparks, Meyers
None
None
Ordinance No. 812
APPROVED
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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