ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE AMENDING SECTION 8.47.060 OF CHAPTER 8.47 OF TITLE 8
OF THE GARDEN GROVE MUNICIPAL CODE PERTAINING TO
PERMITTED CONSTRUCTION HOURS.
CITY ATTORNEY SUMMARY
This Ordinance amends the provisions of the Garden Grove Municipal Code pertaining to the hours and days that construction activity is permitted. The current provisions of the Code generally exempts construction activities from the Noise Ordinance and permits construction outdoors from 7 a.m. to 10 p.m. unless the construction activity does not cause negative impacts to the peace and quiet of a neighborhood. The proposed regulations will continue the exemption of construction activities from the Noise Ordinance but will limit the hours of any construction activity so that construction can only occur from 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. on Saturdays. No construction activities will be permitted on Sundays and federal holidays. The proposed regulations will authorize the Building Official or designee to grant temporary waivers to the permitted construction hours and days. Minor home repairs and routine home and pers onal property maintenance will not be considered construction work, but will be subject to the other provisions of the Noise Ordinance.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Subdivision D of Section 8.47.060 of Chapter 8.47 of Title 8 of the Garden Grove Municipal Code is hereby amended to read as follows:
D. Permitted construction hours and days. Except as set forth in this subdivision D, construction and repair work are exempt from the provisions of this Chapter. Unless more restrictive hours are imposed by a public hearing body or otherwise imposed as a condition of approval for a development application, it shall be unlawful for any person within a residential area, or within a radius o f 500 feet therefrom, to operate equipment or perform any construction or repair work on buildings, structures, or projects, including construction -related vehicles arriving, idling, or being loaded/unloaded at or near a construction site, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device outside of the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No construction or repair work shall be permitted on Sundays or federal holidays. The provisions of this subdivision do not apply to noise or sounds associated with emergency activity or in connection with any of the following:
Garden Grove City Council
Ordinance No. ___
1. Temporary waivers to permitted construction hours and days, which may be granted in writing by the Building Official or his or her designee.
2. Minor home repairs and routine home and personal property maintenance activities shall not be considered construction and repair work for purposes of this S ubdivision D. Such activities shall not be subject to the provisions of this Subdivision but shall be subject to all other provisions of this Chapter.
SECTION 2: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the v alidity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that an y one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.