Arcadia Municipal Code Part 6 Nighttime Construction

The term "prohibited hours" as used in this Part shall mean any time after the hour of 6:00 p.m. of any weekday; any time before the hour of 7:00 a.m. of any weekday; any time after the hour of 5:00 p.m. of any Saturday; any time before the hour of 8:00 a.m. of any Saturday; any time on any Sunday; and any time on any of the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; and Christmas Day, provided that if in any calendar year any such holiday falls on a Sunday, the following Monday shall constitute the holiday.

(Ord. No. 2316, § 2, 5-6-14)

Unless a permit so to do shall first have been obtained as provided in Section 4263, no person shall during prohibited hours engage in any earth excavation, land fill or earth moving operation or in the construction of any portion of a building or structure, nor shall any person during prohibited hours use or operate any truck, tractor, crane, rig or any mechanical equipment of any kind in connection with, in the performance of or in furtherance of any of the foregoing.

The provisions of the preceding Section shall not apply to any department of the City, to the operations or equipment of any public utility company, or to any vehicle or equipment moving on a public street if such vehicle or equipment because of its size requires a special permit from a regulatory agency for the operation thereof on a public street.

Any person desiring a permit to do any act described in Section 4262 during prohibited hours may make application to the Superintendent of Building and Safety for a permit therefor. No such permit shall be granted unless the applicant therefor submits proof of special circumstances establishing that the performance of any such act during prohibited hours is by its very nature necessary, or that the public welfare of the City or of the community will be better served by the performance or such activities during prohibited hours, or that the location for which a permit is requested is so far removed from occupied buildings that the public welfare and convenience will not be adversely affected by the performance of any such work during prohibited hours. Mere financial hardship or loss shall not of itself constitute sufficient proof of necessity to warrant the issuance of a permit under this Section.

No person shall violate any condition or term of a permit issued pursuant to the preceding Section.

Every person aggrieved by any decision of the Superintendent of Building and Safety on an application filed pursuant to Section 4263 may in writing appeal such decision to the City Council. The City Council shall at its first meeting following the filing of such appeal receive all pertinent testimony, and at the conclusion of such hearing shall affirm, modify or reverse the decision of the Superintendent of Building and Safety; provided, however, that no such hearing need be concluded on the date upon which hearing is commenced, nor prior to the time the Council determines that it has received sufficient testimony to enable it to make a proper decision in the matter.

Notice of the provisions of Sections 4261 and 4262 shall be printed, stamped or otherwise endorsed on every building permit hereafter issued.

(Part 6 added by Ord. l32l adopted 4-5-66; effective 4-5-66)