Ordinance 812 _
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ORDI:IANTCE :IO. 812
AN 0&DINAtiCE OF Tk~ C2TY OF CUPERTI.10 ADDING CHAPTER 10.46
~ TO TH8 CUPERTINO :SITNICIPAL CODE TO PROHIBIT CERTAIN TYPES
OF COt7STRIJCTION ON SATURDAYS, SUNDAYS AND HOLIDAYS, AND
,_DURING CE$TaIN HOURS' ON WEEKDAYS, AND DECLARING 'THE _
• URGEI7CY TfiEREOF
THERE IS HEREBY added to the Cupertino Municipal Code, Chapter 10.46
entitled "Prohibition of Certain Types of Conatruction on Saturdays, Sundays
, and I3olidays, and Duriag Certaia fiours on Weekdays" to read as folloas:
Section 10.46.010. Puruose. This Chapter is enacted to protect the
public health. safety and general velfare of the citizeas of the City of
Cupertiao, particularly their peace and quiet oa Saturdays. Sundays and
Holidays, and at night tiae, upon an interim basis until such time as a
comprehensive noise ordinance is enacted. ~
Sectioa 10.46.020. Deiiaitions. For the purposes of this Chapter:
(a) "Eiolidavs": The term "holiday" shall meaa the following days:
Ye~r Years Day Labor Day
Memarial Day Thanksglving Day
Independeace Day Christmas Day
(b) "Person": Tae term "person" shall mean any individual,
partnership, association, corporation, governmental body or unit, or
agency (other than the City of Cupertino), or a~+ other entity.
(c) "Construction": As used herein, the term "construction":
shall mean any grading operatioa on public or private property, any
street construction, iacluding underground utilities.
Section 10.46.030. apulication. Nothing contained in this Chapter
shall be construed to apply either to existing single iamily dwellings
or duplexes, or to emergency street or utility repaira, or any public utility,
public agency, or franchisee or their contractors. ,
Section 10.46.040. Construction DurinB Saturdays, Suadavs and Fiolidavs,
and During Certain Hours on Weekdaqa - Prohibited. It ehall be unlawful
and a puclic nuisance for any person to carry on constzuction at any loca-
:;on within 750 feec of a resiZencial area during Sacurdays, Sundays and
3olidays, as hereinabove deiined, and on Weekdays, between the hours oE
3:00 p.a. and 7:00 a.m. oi the following day, within the City of Cupertino.
Section 10.46.050. Exceptions. L'pan applicacion by any person ior
an exception, either the City :lanager, or his designated representative,
~a.• authorize conditional exceptions to any of tne requiremencs and regulations •
sec iurt:~ in this Chapter :rhere auy one oi che following condicions exisc:
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(aj Ths mechod of construction aecesaitates a continuous operacion.
(b) The constructioa, iE not a1loWed to proceed,Within its des- ~
ignated hours, will result in th"e 3nterruptioa of tratfic on a major
street• ,
(c) It ia in the public interest for utilities to shut down their
services for repair or construction.
(d) The constructioa cannot be stopped without creating either
I safety problema or hazardous condltiona.
(e) Where practical difficulties, or unnecessary hardahipa,
may result.
Section 10.46.060. Appeals. any person maq appeal the deciston of the
C:cy rianager, or his desigs?ated representatlve, to the City Council by Eiling
a written notice of appeal vith the City Clerk. IIpon tiie filing of such
notice, the Clerk shall cause the appeal to be placed on the City Council
agenda to be heard at its aext regularly scheduled meeting.
Section 10.46.070. Violation Declared a Yuisance - Penalty. Violation
oi any provision of this Chapter is declared a public nuisance. Aay person
who violates any provision oi this Chapter shall be deemed to be guilty
of an infraction and, upon coaviction thereof, shall be punished as provided
in Chapter 1.12.
Section 10.46.080. Severability. 2f any section, subsectlon, subdivision,
sentence, clauae, or phrase of this Ghapter is for acry reason held co be
u~constitutional or otherwise vaid or invalid by any court of competent
jurisdiction, tiie validity of the remaining portfons of this Chapter shall
noc ce affected chereby.
Section 10.46.090. Ur encv. This ordinance is herebq declared aa
urgency measure and shall be in full force and effect immediately upan its
enactaent. The facts constituting such urgen~y are as follws:
The City Council of the City of Cupertino believes that the public health,
peace, comfort and general aelfare vill be eahanced bv the e1L~ninaCion of
the noise pollu[ion created by weekend, holidaq, late nipsht and earls morning
construction.
I:tfRODUCED AND E.`IACTID at a regular meeting of the City Council of
the City of Cupertino chis 15~h day of ~~t~~,e,. , 1979 bp the following
voce:
Vote Members of the City Council
~YES: Jackson, 0'Keefe, Rogers
YOES: Sparks, Meyers
a.BSE:7f : None
ABST.~IV: None
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Urdinance :Io. 812
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APPROVED
i~t~ M
r ~
Mayor~ City of Cuperti
ATTEST:
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City Clerk '
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