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Ordinance No. 2608-99

ORDINANCE NO. 2608-99

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 19.24.020 OF THE SUNNYVALE MUNICIPAL CODE CONCERNING NOISE OR SOUND LEVEL

THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. SECTION 19.24.020 AMENDED. Subsection (a)(6) is amended and a new subsection (e) is added, to read:

(a) …

(6) "Powered equipment" means a motorized device powered by electricity or fuel used for construction, demolition, property or landscape maintenance, and repairs. Powered equipment includes but is not limited to: lawn mowers, edgers, , parking lot sweepers, saws, sanders, motors, pumps, generators, blowers, fans, wood chippers, vacuums, and nail guns. For the purposes of this section, powered equipment does not include leaf blowers.

(e) A "leaf blower" is a small, combustion engine-powered device used for property or landscape maintenance that can be hand-held or carried on the operator's back and which operates by propelling air under pressure through a cylindrical tube. It is unlawful for any person to operate a leaf blower on private property in or adjacent to a residential area except between the hours of 8:00 am and 8:00 pm. Effective January 1, 2000, all leaf blowers operated in or adjacent to a residential area shall operate at or below a noise level of 65 dBA at a distance of 50 feet, as determined by a test conducted by the American National Standards Institute or an equivalent. The dBA rating shall be prominently displayed on the leaf blower.

SECTION 2. UNCODIFIED PROVISION. Effective January 1, 2000, no business shall be allowed to initiate or continue to use an outdoor loudspeaker or paging system. All outdoor loudspeaker or paging systems currently in use shall cease to be used prior to January 1, 2000.

SECTION 3. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15308 (Class 8) that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with

Section 14 of the Sunnyvale Guidelines for the implementation of CEQA adopted by Resolution No. 193-86.

SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 5. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held June 8, 1999, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on June 15, 1999, by following vote:

 

 

AYES:

NOES:

ABSENT:

 

ATTEST:

City Clerk

 

APPROVED:

 

By_________________________

 

_____________________________
Deputy City Clerk

 

Mayor
Date: Date:

(SEAL)

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