SR-031081-8BCA:SSS:LBC:se
Council Meeting 03/10/81 Santa Monica, California ~A~ ~ ~'i~~3
STAFF REPORT
TO: Mayor and City Council
FROM: City P.ttorney
SUBJECT: Introduction of an Ordinance to Change the Starting
Time for Demolition and Construction Work from
7 A.M. to 8 A.M.
INTRODUCTION
This report transmits for first reading a proposed ordinance
to change the startinq time for construction, demolition, excavation
and... other noisy projects from 7 A.M. to 8 A.M.
BACKGROUND
There has been an increase in construction and demolition in
the City during the past few years. The general noise level has
increased considerably due to this building activity. Although
this noise is necessary to accomplish these projects, it has been
particularly disruptive to residents during the ear}zy morn].na hours.
In an effort to accomodate residents' ;reeds and *, et _-,,~_
restrict the necessary building activity Council requested the pro-
poses! orc:ina.nee. T',~ie ordinance dc;es not restrict the Level of
construction and demolition noise, but it does require that the noise
cor.~mence one hour later.
The proposed ordinance makes only one change in Section 4204d(1)
and (2). It changes the starting time for demolition, excavation,
and grading from 7 A.M. to 8 .~:`:"'_. and it changes the starting time
for construction within a radius of 500 feet .f_rom a residential zones
from 7 A.*R. to 8 A.M.
ALTERTdATIVES
Council may introduce, amend or reject the proposed ordinance.
ilAR ~ h 998:
REC 0^1PZ~NDAT ION
It is respectfully recommended that Council introduce the
propased ordinance changing the starting time for construction
and demolition From 7 A.M. to 8 A.Ni.
prepared by: Stephen Shane Stark, .Acting City Attorney
Lyn Beckett Cacciatore, Deputy City Attorney
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cA:sss:LSC:se
Council r4eetine' 03/lu/81
ORDINA;`SCP N0.
Santa rlonica, California
(City Council Series)
A`7 ORTJINANCE OF T'IF; CITY COU"SCIL OF
THE CTTV OF SANTA MO"?ICA AMENnIVG
ARTICLE, IV, CHAPTER ?., SECTION 4204d
OF T??E SAPd"_'A MONICA MUNICIPAL CODE TO
?tF,STRIC`?' CONSTRiJC?'IO"7 AND DEb1oLITION
^7OISE PRIOR TO 8:00 A.r?.
THE CITY COUPJCII, OT' TT?r, CITY OF SAnT"'A ^?OT.SICA HEREB`? ORDAINS
AS FOLLO[9S
SECTION 1. Article IV, Chapter 2, Section 4204 is hereby
amended to read as follows:
SECTION 4204d1. Restrictions on Demolition of
Building, Excavating, and Grading. (a) No person shall
operate or cause t'.ze operation of, or suffer or permit
the operation of any tool, machine, or other thing
designed or used for the demolition of any building or
structure, or excavating, or grading or any part thereof
up~>n any premises owned, occupied, or controlled by such
person, on any Sunday or after the hour of 8:00 P.M. or
before the hour of 8 A.M. anv other dav.
(h) Exceptions:
A permit may be issued authorizing such operation.
during the time prohibited by this section whenever it is
found that the public interest will be served thereby.
Applications for such permit shall be in writinq,shall b"e
accompanied by ah-a}~plicatioh £e'e in the amount of Five and
no/100th ($5.00) Dollars, and shall set forth in detail facts
showing that the public interest will be served by the
issuance of such permit. Applications shall be made to
the Building Officer; provided, ho~•~ever, with respect to
work upon or involving the use of a public street, alley,
building or other public place under the jurisdiction of
the Public Works Department, applications shall be made
to the Director of Public 6darks, P7o permit shall be issued
unless the application is first approved b_y the Director
of Public WorY.s, the Building Officer, the Chief of Police
and the City Manager. Anyone dissatisfied with .the denial
of such permit may appeal to the City Council.
SECTION 4204d2. Noise, Construction,
Buildings, Projects. It shall be unlawful'for any person
within a residential zone or within a radius of 500 feet
therefrom to operate equipment or perform any outside con-
struction or repair work on buildings, structures or
projects within the ci.t_y on Sunday, or between the hours
of 8:DQ P.M, and 8:OO A.A4. on any other day, unless before-
hand a permit therefor has been obtained from the Building
Officer of the City of Santa Monica.
(a) Exceptions--Emergency [^7ork. No permit is
required to perform emergency work which is :defined as work
made necessary to restore property to a safe condition
following a public calamity, or .work required to protect
persons or property from an imminent exposure to danger.
SECTION 2. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent therewith, to the extent of such
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inconsistencies and no further, are hereby repealed or modified
to that extent necessary to affect the provisions of this ordinance.
SECTION 3. If ar._y 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 juris-
diction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that
it caould have passed this ordinance and each and every section,
subsection, sentence, clause or phrase not dec=ared invalid or uncon-
stitutional 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 Cleric shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption. The ordinance
shall become effective after t',i_rty (30) days from its adoption.
APPROVED AS TO ~'OR^4;
STEP. N SHANE STAR?~
Acting City Attornev
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` a_
CA:SSS:LBC:se
Council Meeting 02/24/81
Santa Monica,
ORDINANCE NO.
(City Council Series)
~~
t ~l~
i
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MO*dICA An1ENDING
ARTICLE IV, CHARTER 2, SECTION 4204d1
OF THE SANTA MONICA MUNICIPAL CODE TO
RESTRICT CONSTRUCTION NOISE PRIOR TO 8:OO A.M.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY
ORDAINS AS FOLh~S:
SECTION 1. Article IV, Chapter 2, Section 4204d1 is hereby
amended to read a~ollows:
SECTIO?~ 4204d1. Restrictions on Demolition of
Buildings, Excavating, or Grading. (a) No person shall
operate or cause the operation of, or suffer or permit
the operation of any
designed or used for the
structure, or excavating,
machine, or other thing
tion o£ any building or
rading or any part thereof
upon any premises owned, occupied, or controlled by such
person;. on ang Sunday or after the hour_ of 8x00 A.M. on
any other day.
(b) Exceptions:
A permit rma_y be issued authorizing such operation
during the time prohibited by this section whenever it is
found that the public interest will be served thereby.
Applications for such permit shall be in writing, shall be
accompanied by an application fee in the amount of Five
and no/100ths ($5.00) Dollars, and shall set forth in
detail facts showing that the public interest will be
served by the issuance of such permit. Applications
shall be made to the Building Officer; provided, however,
with respect to work upon or involving the use of a
public street, alley, building or other public place
under the jurisdiction of the Public ?dorks Department,
applications hall be made to the Director of Public
Works. No per 't shall be issued unless the application
is first approve~by the Director o£_Public T4orks, the
Building Officer, ~e Chief of Police and the City
Manager. Anyone di satisfied with the denial of such
permit may appeal to he City Council.
SECTION 2. Any provisi n of the Santa Monica Municipal Code
or appendices thereto inconsis
such inconsistencies and no
t therewith, to the extent of
are hereby repealed or modified
to that extent necessary to affect the provisions of this ordinance.
SECTION 3. If any section,
phrase of this ordinance is for any
unconstitutional by a decision of any
section, sentence, clause, or
son held to be invalid or
of any competent juris-
diction, such decision shall not affect tie validity of the
remaining portions of the ordinance. The C•ty Council hereby
declares that it would have passed this ordin nce and each and
every section, subsection, sentence, clause or prase not declared
invalid or unconstitutional without regard to whe her any portion
of_ the ordinance would be subsequently declared inv lid. or uncon-
stitutional.
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SECTIO 4. The Mayor shall sign and the City Clerk shall
attest to the assage of this ordinance. The City Clerk shall
cause the same o be published once in the official newspaper.
within fifteen (1 ) days after its adoption. The ordinance
shall become effec 've after thirty (30) days from its
adoption.
APPROVED AS TO FORM:
STEPHEN SHANE STARK
Acting City Attorney
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