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SR-702-003 . ';?-o 2-<<003 . S>-e "Ai 2 5 1986 , CA:RMM:msm04ljhpw city Council Meeting 3-25-86 Santa Monica, California STAFF REPORT 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 January 14, 1986, the city Council directed the City Attorney to prepare an ordinance prohibiting the operation of leafblowers between the hours of 8:00 p.m. and 8:00 a.m. Monday through Friday and between 8:00 p.m. and 9:00 a.m. on Saturday and Sunday. In resonse to this direction, the accompanying ordinance has been prepared and is presented for consideration by the City Council. The accompanying ordinance adds Section 4204d3 to the Santa Monica Municipal Code prohibiting the operation of motorized leafblowers between the hours of 8:00 p.m. and 8:00 a.m. Monday through Friday and between 8:00 p.m. and 9:00 a.m. on Saturday and Sunday. t:(-e "AR 2 5 1986 . . RECOMMENDATION ~ It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney . . CA:RMM:msm041/hpw city council Meeting 3-25-86 santa Monica, California ORDINANCE NUMBER (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 1. Section 4204d3 is added to the Santa Monica 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 Municipal 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 further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance.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 attest to the passage of this ordinance. The City Clerk shall cause the same 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: ~~~~. ROBERT M. MYERS 0 ~ City Attorney - 2 -