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HomeMy WebLinkAbout1851 ORDINANCE NO. 1851 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.74.041 OF, AND REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION OF REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN BOWLING AREAS. City Attorney's Summary The City's Noise Ordinance currently prohibits certain activities between the hours of 8:00 p.m. and 8:00 am in residential zones and between 8:00 pm and 7:00 am for all other zones, subject to certain exceptions. This Ordinance prohibits regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas between the hours 8:00 p.m. and 5:30 a.m. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS: SECTION 1. Exception (5) of Section 8.04.220 of the Palm Springs Municipal Code is repealed. SECTION 2. Section 11.74.041 of the Palm Springs Municipal Code is amended to read: 11.74.041 Controlled Hours of Operation. (a) It shall be unlawful for any person to operate, permit, use or cause to operate, any of the following between the hours of eight p.m. to eight a.m. in residential zones and between the hours of eight p.m. to seven a.m. in all other zones: (1) Powered model vehicles; (2) Loading and unloading vehicles such as trash collectors, fork lifts, or cranes within one thousand feet of a residence; (3) Domestic power tools; (4) Non-emergency exterior hardscape and landscape activities, including without limitation tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris clearing, and any other landscaping or nonemergency exterior hardscape maintenance activities which would utilize any motorized say, sander, drill, grinder, leaf-blower, lawn mower, hedge trimmer, edger, or any other similar tool or device. (b) Notwithstanding the foregoing, this Section shall not prohibit the operation or use of any such equipment at any time within said zones by the city, its officers or employees, or any agent or franchisee of the city. (c) The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in Ordinance No. 1851 Page 2 this Section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five- thirty a.m, and eight p.m., seven days per week and during all seasons of the year. SECTION 3. The City Council finds and determines that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to categorical exemptions under the CEQA Guidelines Section 15301 [Title 14 California Code of Regulations, Sections 15301]. The City Council further finds that this Ordinance ratifies the action of the City Council in 2000 with the adoption of Ordinance No. 1581 which exempted routine maintenance of private golf courses from the limitation on hours of construction. SECTION 4. 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 passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 7TH DAY OF MAY, 2014. STEPHEN P. PO GNET, MAYOR ATTEST: MES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1851 is a full, true and correct cop , and was introduced at a regular meeting of the Palm Springs City Council on the 16t day of April, 2014, and adopted at a regular meeting of the City Council held on the 7th day of May, 2014, by the following vote: AYES: Councilmembers Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, California