Ordinance Number 2161
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409,
ORDINANCE NO. 216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO PROHIBITING SUNDAY
CONSTRUCTION WITHIN SAID CITY.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Prohibitions.
a. No person shall, between the hours of 12:01 a.m. and
12:00 p.m. on Sundays perform any soil testing or sampling work or
any construction or repair work of any kind upon, or any excavation
for, any building, structure, road or facility where any of the
foregoing entails the use of any power driven drill, riveting
machine, excavator or any other machine, tool, d6vice or equipment
which makes loud noises to the disturbance of persons occupying any
residence, apartment, hotel, motel or other dwelling unit, and any
person who knowingly and willfully violates the foregoing provision
shall be deemed guilty of a misdemearibr-.
b. The provisions of Subsection (a) shall not apply to
public utilities performing emergency work or to any person who
performs the soil testing or sampling work, or the construction,
repair or excavation work upon his own premises or to his own
building, structure, or facility where no commercial activity or
transaction is contemplated or. involved.
C. The provisions of Subsection (a) shall not apply to
any person who performs soil testing or sampling work, or construc-
tion,repair or excavation work pursuant to the express written
permission of the City Manager. The City Manager may, grant such
permission, upon application in writing, where the work proposed
to be done is effected with public interest, or where hardship or
injustice, or unreasonable delay would result from the interruption
thereof during the hours of above-mentioned, or where the building,
structure or facility involved is devoted to or intended to be
devoted to a use immediately incident to public defense'; nor shall
the provisions of this section in any event apply to construction,
repair or excavation work done within any district zoned for manu-
facturing or industrial uses pursuant to Ordinance No. 1150 nor to
emergency work necessitated by any flood, fire or other catastro-
phe.
SECTION 2. The City Clerk shall certify to the adoption
of this ordinance and cause the same to be published once in a news-
paper of general circulation in the City of _San Juan Capistrano
within fifteen (15) days following the passage thereof.
PASSED, APPROVED AND ADOPTED this 22nd day of January,
1973, by the following vote, to wit: .
ATTEST:
AYES: COUNCILMEN: CHERMAR, THORPE, WEATHERS
NOES: COUNCILMEN: BYRNES, GAMMELL
ABSENT: COUNCILMEN: NONE
r
ames F. Thorpe, Mayof of the
ity of San Juan Capistrano