HomeMy WebLinkAboutTC Ord 1991-09-03 (2)
ORDINANCE NO. 374 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING SECTION 13-1.2 OF THE
MUNICIPAL CODE REGARDING HOURS OF CONSTRUCTION
BE IT ORDAINED by the Town Council of the Town of Tiburon as
follows:
Section 1. Purpose.
The following amendments to limitations on the hours of construction in
Tiburon are intended to balance the benefits of maintaining a quiet community
with the necessity for construction and repair of buildings and structures in the
Town. The Town Council has determined that reasonable regulation of hours of
construction, as well as regulation of the arrival and operation of heavy
equipment and the delivery of construction materials, is necessary to protect the
health and safety of persons, promote the general welfare of the community, and
maintain the quality of life in the Town of Tiburon.
Section 2. Amendment.
Section 13-1.2 of the Tiburon Municipal Code is hereby amended to read as
follows:
Section 13-1.2. Hours of Construction Limited; Exceptions; Violations.
(A) GENERAL LIMITATIONS
Generally, all work covered by a permit issued under this Chapter shall be
performed only between the hours of 7:00 A.M. to 5:00 P.M., Monday
through Friday, and 9:30 A.M. to 4:00 P.M. on Saturday. Work shall not
be performed on Sunday or on holidays recognized by the Town of
Tiburon.
(B) LIMITATIONS FOR HEAVY EQUIPMENT AND MATERIALS
The arrival or departure of heavy equipment (such as graders and back-
hoes) and the delivery of heavy construction material (such as lumber and
concrete) to a work site shall occur only between the hours stated in
subsection (A) above. Hours of operation, maintenance, and servicing of
heavy equipment shall be limited to 8:00 A.M. to 5:00 P.M., Monday
through Friday. If already located on-site, heavy equipment may begin
"warming-up" at 7:30 A.M.
(C) EXCEPTIONS
1. The limitations in subsection (A) shall not apply when work covered
by a permit issued under this Chapter does not result in
unreasonable noise or other impacts on surrounding properties.
Unreasonable noise produced outside of the days and hours stated
in subsection (A) may be considered a disturbance of the peace
subject to police enforcement.
2. The limitations in subsections (A) and (B) shall not apply in the
following instances:
a. When prior to the commencement of any work covered by a
permit issued under this Chapter, the Town Manager grants
written permission to perform work outside of the prescribed
hours.
b. When work is necessary in an emergency situation to remedy
or prevent damage to persons or property.
(D) VIOLATIONS
Any person violating any provision of this section shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine of up to
$1,000 per offense, as provided in Government Code Section 36901. Each
and every day in which a violation occurs shall be punishable as a
separate offense.
(E) DISTRIBUTION
A notice summarizing the requirements of this Section shall be attached to
all permits issued by the Building Department.
Section 3.
Severability.
If any portion of this Ordinance is struck down by court action, all other
portions will remain in effect.
Section 4.
Effective Date.
This Ordinance is to take effect and be in force at the expiration of thirty
(30) days from and after its passage, and before the expiration of fifteen (15)
days after its passage, the same, or its legally required equivalent, shall be
published with the names of the members voting for and against the same at
least once in a newspaper of general circulation published in the Town of
Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on September 3, 1991, by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead,Logan,Thayer
NOES:
COUNCILMEMBERS:
Friedman
ABSENT:
COUNCILMEMBERS:
Kuhn
ATTEST: