HomeMy WebLinkAbout2003-02-10 Ordinance 4778, ,.
follows:
ORDINANCE NO. 4778
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.10 OF TITLE 9 (PEACE, MORALS,
AND SAFETY) OF THE PALO ALTO MUNICIPAL CODE
REGULATING NOISE IN ORDER TO CLARIFY THE
RESTRICTIONS ON CONSTRUCTION, DEMOLITION, OR
REPAIR ACTIVITIES AND THE RESTRICTIONS ON PUBLIC
STREET CLEANING IN BUSINESS DISTRICTS
The Council of the City of Palo Al to does ORDAIN as
SECTION 1. The Council hereby finds as follows:
(a) An editorial correction is required to subsection
(b) of Palo Alto Municipal Code section 9.10.060 (relating to
non-residential construction noise) in order to conform its
restrictions to those for residential construction noise in
subsection (c) of Palo Alto Municipal Code section 9.10.060.
(b) In recognition of the intensive public use of
business district streets during daylight hours as well as in
the evenings, the Council determines that city crews and
contractors and any adjacent business property owners or
operators should be permitted to use power cleaning equipment
for cleaning public sidewalks within the public right of way
during the hours of ten p.m. and eight a.m. daily, so long as
noise from any piece of equipment used for that purpose does not
exceed ninety dBA measured at a distance of twenty-five feet.
This is intended to be declarative of the intent of the Council
under existing law that public sidewalks are included within the
restrictions applicable to public streets wi thin the business
districts.
(b) of Section 9.10.060 (Special
(Noise) of Title 9 (Public Peace,
Palo Alto Municipal Code is hereby
SECTION 2. Subsection
Provisions) of Chapter 9.10
Morals, and Safety) of the
amended to read as follows:
(b) Construction. Except for construction on
residential property as described in subsection (c) of this
section, construction, alteration and repair activities, which
are authorized by valid city building permit shall be prohibited
on Sundays and holidays and shall be prohibited except between
the hours of eight a.m. and six p.m. Monday through Friday, nine
a .m. and six p.m. on Saturday provided that the construction,
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· ,
demolition or repair activities during those hours meet the
following standards:
(1) No individual piece of equipment shall produce a
noise level exceeding one hundred ten dBA at a distance of
twenty-five feet. If the device is housed within a structure on
the property, the measurement shall be made outside the structure
at a distance as close to twenty-five feet from the equipment as
possible.
(2) The noise level at any point outside of the
property plane of the proj ect shall not exceed one hundred ten
dBA.
(3) The holder of a valid construction permit for a
construction project in a non-residential zone shall post a sign
at all entrances to the construction site upon commencement of
construction, for the purpose of informing all contractors and
subcontractors, their employees, agents, materialmen and all
other persons at the construction site, of the basic
requirements of this chapter.
(A) Said sign (s) shall be posted at least five feet
above ground level, and shall be of a whi te background, with
black lettering, which lettering shall be a minimum of one and
one-half inches in height.
(B) Said sign shall read as follows:
CONSTRUCTION HOURS
FOR NON-RESIDENTIAL PROPERTY
(includes any and all deliveries)
MONDAY-FRIDAY
SATURDAY
SUNDAY/HOLIDAYS
8:00 a.m. to 6:00 p.m.
9:00 a.m. to 6:00 p.m.
Construction prohibited.
Violation of this Ordinance is a misdemeanor punishable
by a maximum of six months in jail, $1,000 fine, or both.
Violators will be prosecuted. P.A.M.C. § 910.060(b).
(1) of Section 9.10.060 (Special
(Noise) of Title 9 (Public Peace,
Palo Alto Municipal Code is hereby
SECTION 3. Subsection
provisions) of Chapter 9.10
Morals, and Safety) of the
amended to read as follows:
(1) Business District Street Cleaning. Cleaning
equipment (other than leaf blowers), when used in public streets
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and public sidewalks within the public right of way in business
districts shall be allowed during the hours of ten p.m. and
eight a .m. daily, providing no such piece of equipment shall
produce a noise level that exceeds ninety dBA measured at a
distance of twenty-five feet.
SECTION 4. This ordinance does not constitute a project
having potential effects upon the environment and therefore does
not require environmental review under the California
Environmental Quality Act.
SECTION 5. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: January 21, 2003
PASSED: February 10, 2003
AYES: BURCH, LYTLE, MORTON, MOSSAR, OJAKIAN
NOES: FREEMAN, KISHIMOTO, KLEINBERG
ABSTENTIONS:
ABSENT: BEECHAM
'tIns nOCUMf!m'tS ~AIt) to 81 AM O'RD1NA~JCI: DULY PASSeD BY THE COUNCIL .
OF THE CITY OF PP.lO ALTO AND ...... .
ttorney
THEREA ... nm POSTE~11'I~ ~O~CIL . ' ..•
CHAMBERS ON " _~ Q.) (WITHIN 18
CAYS OF ITS PASSAG ) ''';j\\
'" certify (or ~aclare) under penallY
ot perjury that the foregoing Is true
It
030128 cl 0044298
Mayor
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