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Ordinance 2712CITY OF ALEDA ORDINANCE NO. 2712 New Series AMENDING THE ALEDA MUICIPAL CODE BY AMENDING SUBSECTION 4-10.(PROHIBITED ACTS) SUBSECTION 4-10. (SPECIAL PROVISIONS-EXCEPTIONS) AND SUBSECTION 4-10. (APPEALS) OF SECTION 4 -10 (NOISE CONTROL) ARTICLE (NOISE REGULATIONS) CHAPTER IV (OFFENSES AN PUBLIC SAFETY) THEREOF REGULTING CONSTRUCTION HOURS AND PROHIBITING CONSTRUCTION ON SUNDAYS BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended byadding subsection 4-10.5 (b) (10) to subsection 4-10-(Prohibited Acts) of Section 4-10 (Noise Control) of Article II (Noise Regulations) Chapter IV (Offenses and Public Safety) thereof read as follows: 10.(b) (10) Construction. Construction other than duringthe following hours: 7:00 a.m. to 7:00 p.m. Monday through Fridaysand 8:00 a.m. to 5:00 p.m. on Saturdays. This prohibition doesnot apply to: (a) construction (b) constructiongrants an exception hardship; or(c) emergency work to protect or restore safe conditions where immediate construction is required; or(d) construction by any person on his/her principal place of residence or rental property. that does not require a City permit; or where the City Manager or his/her designee upon a showing of significant financial Section 2 The Alameda Municipal Code is hereby amended byamending subsection 4-10.7 (e) of subsection 4-10-(SpecialProvisions -Exceptions) of Section 4 -10 (Noise Control) of ArticleII (Noise Regulations) Chapter IV (Offenses and Public Safety) thereof to read as follows: 4-10.7 (e) Construction. The provisions of this section shall not apply to noise sources associated with construction provided the activities take place between the hours of 7:00 a.m. to 7:00 m. Monday through Fridays or 8:00 a.m. to 5:00 p.m. on Saturdays. Section 3 The Alameda Municipal Code is hereby amended by amending subsection 4-10.10 (a) (Appeals) of Section 4-10 (Noise Control) of Article II (Noise Regulations) Chapter IV (Offenses and Public Safety) thereof to read as follows: 4 -10.10 Appeals. (a) Decisions of the Planning Department rendered pursuant to subsections 4-10.8b and 4-10.8c; or decisions of the City Manager made pursuant to subsection 4-10.5 (b) (10) (b) or subsection 10.7 (j) may be appealed to the Planning Board by filing noticewithin ten (10) days of the decision with the Planning Department. Section 4 This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Y Council Attest: ity Clerk the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of December , 1995 by the following vote to wit: AYES:Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of December 1995 fy - :64b Diane B. Felsch, City Clerk City of Alameda Revised 11/22/95