Loading...
Ordinance - 1753ORDINANCE NO. 1753 AN ORDINANCE OF THE CITY OF WEST COVINA ADDING SECTION 15-97 TO THE WEST COVINA • MUNICIPAL CODE RESTRIC`1'ING THE HOURS OF OPERATION OF LANDSCAPE MAINTENANCE EQUIP- MENT IN RESIDE14TIAL ZONES. WHEREAS, the City Council received a letter from several homeowners regarding the noise impact of two and four-stroke engines on landscape maintenance equipment in the residential zones; and WHEREAS, the City Council received a report on July 27, 1987, which set forth the potential impacts and options available to the City Council if regulatory controls are necessary; and WHEREAS, a report was prepared, at the request of City Council, on the impacts of: 1) limiting the hours of operation of such equipment from 8:00 A.M. to 8:00 P.M.; 2) limiting the operation in residential zones only; and 3) providing a reasonable means of enforcement; and WHEREAS, the City Council received the report on August 31, 1987, at which time the City Council found: 1) There is a legitimate use of such equipment in residential zones. 2) All lawn maintenance power equipment noise impacts residential zones at similar decibel levels. 3) Residents may attempt to utilize the cooler early morning and later evening hours of summer days for the purposes of doing yard work. Such efforts would not be discouraged so long as the use of powered garden equipment occurs within the suggested time frame (7:00 A.M. to 8:00 P.M.). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15-97 of Chapter 15 of the West Covina Municipal Code is hereby amended to read as follows: 15-97 RESTRICTIONS ON THE OPERATION OF TWO AND FOUR STROKE ENGINES. (a) Regulation. Between the hours of 8:00 P.M. and 7:00 A.M. of the next day, it shall be unlawful for any person within a residential zone to operate any gasoline powered two or four-stroke engine such as a leaf blower, lawn mower, edger, chain saw, roto-tiller, and other such device for the purpose of maintaining a lawn or property. • • (b) Exceptions. (1) This section shall not apply to any publicly owned properties including but not limited to public schools, parks, fire stations, etc. located within residential zones. (2) This section shall not apply to privately owned schools located within residential zones. SECTION 2. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 1987. PASSED AND APPROVED this MAYOR 12th day of October 1, 2'-' e 4 '�' , If CITY C ERK -2- I► Helene M. Mooney , City Clerk of the CITY OF WEST COVINA, do hereby certify that the foregoing Ordinance No. 1753 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of September , 1987. That thereafter, said Ordinance was duly adopted and passed at a regular • meeting of the City Council on the `12th day of October.—, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Bacon, Tennnat, Shearer, Manners, Chappell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None - il L'. 44e CITY CLER APPROVED AS TO FORM: CITY ATTORNEY • -3- CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 73 was published, pursuant to law, in the San • Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Ca ornia DATED: s/��