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CC Ordinance No. 1906ORDINANCE NO. 1906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICIPLE CODE REGARDING HOURS OF OPERATION FOR HOME MAINTENANCE ACTI¥ITES - USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF CLARIFICATION WHEREAS, the City Council wishes to limit early morning use of motorized equipment for home maintenance; WHEREAS, the City Council wishes to clarify the measurement procedure for daytime and nighttime maximum noise levels. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows: 10.48.051 Home maintenance activities. The use of motorized equipment for home and yard maintenance activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends and holidays, with the exception of maintenance activities for public schools, which are allowed to be begin at 7:00 a.m. The use of motorized equipment for home and yard maintenance activities during these hours is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise level on adjoining properties. 10.48.040 Daytime and nighttime maximum noise levels. Individual noise sources, or the combination of a group of noise sources located on the same property, shall not produce a noise level exceeding those specified on property zoned as follows, unless specifically provided in another section of this chapter: Land Use at Point of Origin Maximum Noise Level at Complaint Site of Receiving Property Nighttime Daytime Residential 50 dBA 60 dBA Nonresidential 55 dBA 65 dBA Ordinance No. 1906 This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of December, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this21 st day of January, 2003 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: Chang, James, Lowenthal, Kwok, Sandoval None None None ATTEST: ?ROVED: or, C~ty of Cuper~no STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 1906, which was enacted on January 21, 2003 and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of January 2003. KIMBERLY SMIiTI-I, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California ordinance certificate