Ordinance 1278~- oFU1raANCE hl~, 1~7a
AN ORDIPANCE GF THE L'ITY OF CUPERTIt•JO At1ENDIhlG
r SECTIONS 10.•18.014 AND 10.48.053 OF THE CUF'ERTINO MUMICIPAL•
CODE RELATIIJG TD VII]LATIONS OF THE COMMUPIITY NUISE
ORDINANCE AND '(HE USE OF HELICOPTERS IN CONSTRUCTION ,
AND DEMOLITION ACTIVITIES
The CITY COUNCIL OF THE CITY OF CUPERTIND DOES ORDAIN that
Sections 10.48.014 and 10.48.053 are hereby. amended to read as'
follows: ,
Section__IU_48_014:_ OtF~er_Remed3es. No provision of this
chapter shall be construed to impair any common law or statutory
cause of action, or legal remedy therefrom, of any person far
injury or damage arising from any violation of this chapter or
from other law. <Ord. 1022 SS (part), 1980). The provisions of
this ordinance are not intended to affect in any manner,
violations or arrests of persons for a violation of Section 415
of the California Penal Code or any other provision of State
Law. The unavailability of a sound level meter to enforce the
provisions of this ordinance does not preclude the enforcement of
any provision of State Law.
Sectinn_10_48_053__ Gradingi_Construction_a~c! Demolition
1, Grading, construction and demolition activities shall be
allowed to er.ceed the noise limits of Section 10.48.040 during
day-time hours; provided, that the equipment utilized has
high-quality noise muffler and abatement devices installed and in
good condition, and the activity meets one of the following two
criteria:
(a) No individual device produces a noise level more
than 87 dBA at a distance of twenty-five feet (7.5
meters); ar
(b) The noise level on any nearby property does not
e:cceed 80 dBA.
2. It is a violation of this chapter to engage in any
grading, street construction, or underground utility wort: within
seven hundred fifty (7501 feet of a residential area on
Saturdays, Sundays and holidays, and during the night-time
period, except as provided in Section 10.48.00.
... Grading, construction, or demolition occurring during
night-time periods shall not be allowed unless they meet the.
night-time standards of Section 10.48.040. (Ord. 1022 S1 (part).
1980). •
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4. The use of helicopters as a part of a construction and/or
demolition activity shall be restricted to between the hours of
8: 3u a. m. and 6: 3l~ p. m. MOIJDAY THROUGH SATURDA`r' ONLY.
Prior to using a helicopter, written or verbal notice
shall be given to the Department of Planning and
Development. Said notice shall be given at east ,
twenty-four t24) hours in advance of said usage. In
cases of emergency, the 24 hour period may be waived.
INTRODUCED at a regular meeting of the City Council of the.
City of Cupertino this_>,(jih__ day of_,,~LX_, 1984 and ENACTED at a
regular meeting of the City Council of the City of Cupertino
this_6thday of Au$~t , 1984 by the following vote:
Vote Members of _the_Csity_Cout1cil,
AYES' Gatto, Johnaoa, Rogers, Sparks, Plungy ,
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST' APPROVED:
_ __ .._
CITY CLER OR, .ITY OF CU T~NO