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CC Ordinance No. 1921ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICPAL CODE REGARDING HOURS OF OPERATION FOR HOhn-E LANDSCAPE MAINTENANCE ACTIVITIES - USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF CLARIFICATION WHEREAS, the City Council wishes to limit early morning use of motorized equipment for hame landscape 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 He.me Landscape maintenance activities. The use of motorized equipment for hame mhd y~d landscape maintenance activities shall be limited to the hours of8:00 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 landscape maintenance activities for public schools, public andprivate golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The use of motorized equipment for hame an~ y~ landscape 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 Maximum Noise Level at Complaint Site of Receiving Property Origin Nighttime Daytime Residential 50 dBA 60 dBA Nonresidential 55 dBA 65 dBA This ordinance shall take effect and be in force thirty (30) days after its passage. Ordinance No. 1921 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 2nd day of September 2003, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September 2003 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTA1N: Chang, James, Lowenthal, Kwok, Sandoval None None None ATTEST: City Clerk P~OVED: Mayor, City of Cupertino (~ 2