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SR-6-E (8) .. . . -; rlu . ?t?Z-003 CA:RMM:msm041a/hpw city Council Meeting 4-8-86 Santa Monica, California fp-E STAFF REPORT IWR - 8 1986 TO: Mayor and city Council FROM: city Attorney SUBJECT: Ordinance Adding section 4204d3 to the Santa Monica Municipal Code Prohibiting the Use of Leafblowers During Certain Hours At its meeting on March 25, 1986, the City Council introduced for first reading an ordinance adding Section 4204d3 to the Santa Monica Municipal Code prohibiting the use of leafblowers during certain hours. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney (,-E APR - 8 1986 - . . . . , ~ BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY C~ERKtS ACTION DISTRIBUTION OF RESOLUTION # ORDINANCE # I'5GV Council Meeting Date ~/;~ Introduced: ~,(;?5~/J' G l'I1 A.genda Item # (J~L Adopted: co No All-mYS PUBLISH AtOPrw ORDINANY-~* ....... Was it amended? *Cross out Attorney's approval 0 N ....... VOTE: Affirmative: , i-O 0'1 . l/l Negative: (l) Abstain: u s:: Absent: ct! -=. PROOF VOTE~ WI THuA}tO_THJ~.R PE~SON .BEFOF-E AI\lVTHING s::: .-/ viSTKiniiTiuN': UK~u~NfiL ~o De slgnea, sealed and filed in Vault. '"I:l ~ 0 NEWSPAPER PUBLICATION (Date: ) I v > Department origlnating staff report ( ) .-I V u Management Serv'~~e? Lynne Barrette -urdinances only ~ Q) ... ... . .j.J Agency mentioned ln document or staff report 0 s::: (certified?) >. v Subject file (agenda packet) I s:: ~ 0 Counter file ,j.J 1 ,j.J -< ,j.J Others,,: (lj -- .c Airport Parking Auth. <-l 'i:I Auditorum Personnel Q) ,j.J t/ l/l Q) Building Dept. PlannIng ::i 0"' (l) G:ifllu.mi ty and Econanic oev. Police (en- ... v forcemen t 1) u Finance .r-! Purchasing . lH lH Fire 0 Recr/Parks l/l General Servo - >. Transportation lU s::: Library ~ Treasurer 0 .j.J Manager ~~.~,L-#-h{- I ,j.J ~- -< - >. SEND FOU~ COPIES OF ALL ORDINANCES TO: *Check Code Sections before send1.ng. ,j.J .r-! CODED SYSTEMS, Atin peier Maciearie u 1 2 0 ' "'!a in r t r ~ e t ~ 4-4 AV~l. ~~w Jersey_07717 0 - ~ SEND FOUR COPIES OF .ALL ORDTNANrFS to: +..I ~Ktft ~r ick .... v N M NICA MUNICIPAL COURT .!:l " 725 MAIN STREE1; Room 118 I--=> 0 0::. SANTA MONICA, CA 90401 TOTAL COPIES ~ - . . . - CA:RMM:msm042/hpw City Council Meeting 4-8-86 Santa Monica, California ORDINANCE NUMBER 1364(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4204d3 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING THE OPERATION OF LEAFBLOWERS DURING CERTAIN HOURS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION l. section 4204d3 is added to the santa Honica Municipal Code to read as follows: Section 4204d3. Restrictions on Leafblower Operation. No person shall operate any motorized leafblower within the city during the following hours: (a) 8:00 p.m. through 12:00 a.m. on any day. (b) 12:00 a.m. through 8:00 a.m. on Monday through Friday. (c) 12:00 a.m. through 9:00 a.m. on Saturday and Sunday. SECTION 2. Any provision of the Santa Monica Hunicipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no - 1 - - . . . - further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3 . If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall a ttest to the passage of this ordinance. The City Clerk shall cause the sa~e to be published once in the official newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ \-.... '---u-- ROBERT M. HYERS City Attorney - 2 - - -' . . . . Adopted a'1d approved thIS 8th cay of April, 1986. ry '\ . ,'i 12-~Q ( r:t6 /C /' "--,-'""C' - Ie Mayor ............... I hereby ce!"tIfy that the fo!"egolng Ord Inanc e No. 1364(CCS) was duly ane "egula"ly Int!"OGUcea at a meetll'Jg of the City CouncIl 011 -....0 25th day of ~l a !'" c r: 1986; that the said O"dInance ........t._ was ther ea f~eY> duly adopted at a lleetIng of the CIty Coune 11 on the 8th day of AprIl 1986 by t:;.e followIng Councll vote: Ayes: :ouncIl~embe"s: CQ>1n, EpsteIn, Jen'1lngs, ^ Katz, t\. '1 . Katz, Zane and Na yo" Reed Noes: Councllr;nembe>"s: \C'r1e AbstaPl: CQuncllmembe!"'s: ~~ 0'1 e Abse'1t: Councllmembers: :~ 0 '1 e ATTEST: r;: /1J II- \ ~6ukr- AsS1Stant l:"lty C:i.e!"k