HomeMy WebLinkAbout94-25 CC OrdinanceORDINANCE NO. 94-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MODIFYING SECTION G (1.) OF RIVERSIDE
COUNTY ORDINANCE NO. 457.73 ADOPTED BY REFERENCE
BY THE CITY OF TEMECULA IN ORDINANCE NO. 90-04. TO
CHANGE THE HOURS AND DAYS DURING WHICH
CONSTRUCTION ACTIVITY IS ALLOWED.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Findings: That the Temecula City Council hereby makes the following
findings;
A. That it is the mission of the City of Temecula to maintain a safe, clean, healthy
and orderly community;
B. That it is necessary to re-examine the regulations relating to the days and times
in which construction activity is undertaken;
C. That it is necessary, pending conduct of such study and enactment of
regulations based thereon, that modifications to Section G (1.), of Riverside County Ordinance
No. 457.73 be imposed pending the completion of such study;
D. That if such moratorium were not imposed current regulations may compromise
the public health, safety, welfare and quality of life.
SECTION 2. That notwithstanding any provision of the City of Temecula Ordinance No.
90-04, and specifically Section G (1) of Riverside County Ordinance No. 457.73, during such
time as this ordinance is in full force and effect, no person shall engage in or conduct construction
activity, when the construction site is within one-quarter (1/4) of a mile of an occupied residence,
between the hours of 6:30 P.M. and 6:30 A.M., Monday through Friday and shall only engage
in or conduct construction activity between the hours of 7:00 A.M. and 6:30 P.M., on Saturday.
Further, no construction activity shall be undertaken on Sunday and nationally recognized
holidays. Public Works projects of any federal, state or local entity or emergency work by public
utilities are exempt from the provisions of this ordinance. Residents working on their homes or
property are exempt from the prohibition of construction activities on Sundays and holidays but
must comply with the hourly restrictions set forth for Saturday when working on Sundays and
holidays. The City Council may, by formal action, exempt projects from the provisions of this
Ordinance.
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SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or
portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Temecula hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase, word or portion thereof
regardless of whether such other section, subsection, sentence, clause, phrase, word or portion
thereof regardless of whether such other section, be declared invalid or unconstitutional.
SECTION 4. This is an urgency ordinance adopted pursuant to Section 36934 and
36937(i>) and shall take effect upon its adoption. This ordinance is adopted as an urgency
ordinance because the same is necessary for the immediate preservation of the public peace, health
or safety. The facts constituting the urgency are set forth in Section 1 and in that uncontrolled
periods when construction activity may currently be undertaken may impact negatively on the
quality of urban life and therefore this ordinance shall be effective immediately upon its adoption.
PASSED, APPROVEI~ AND ADOPTEI~, this 1 lth day of October, 1994.
Ron Roberts, Mayor
ATTEST:
[SEAL]
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 94-25 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 23rd day of August, 1994 and that thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 1 lth day of October, 1994,
by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Mufioz, Parks, Stone
Roberts
None
None
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