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Chapter 12.12 BUILDING CONSTRUCTION NOISE



Chapter 12.12 BUILDING CONSTRUCTION NOISE

12.12.010 Definitions.

12.12.020 References to provisions.

12.12.030 Construction noise prohibited when.

12.12.040 Exemptions--Certain zoned areas.

12.12.050 Exemptions--Work performed with county engineer’s permission.

12.12.060 Exemptions--Work by public utilities--Conditions.

12.12.070 Exemptions--Emergency work--Permit requirements.

12.12.080 Appeals from county engineer’s decision.

12.12.090 Violation--Penalty.

12.12.100 Severability.

12.12.010 Definitions.

A. “Board” means the board of supervisors of the county of Los Angeles.
B. “Person” means an individual, partnership, firm or corporation.
C. “Section” means a section of the ordinance codified in this chapter. (Ord. 8594 §§ 1, 2 and 3, 1964.)

12.12.020 References to provisions.

Whenever any reference is made to the ordinance codified in this chapter or any other ordinance, or to any statute, such reference shall apply to all amendments and additions thereto now or hereafter made. (Ord. 8594 § 4, 1964.)

12.12.030 Construction noise prohibited when.

Except as otherwise provided in this chapter, a person, on any Sunday, or at any other time between the hours of 8:00 p.m. and 6:30 a.m. the following day, shall not perform any construction or repair work of any kind upon any building or structure, or perform any earth excavating, filling or moving, where any of the foregoing entails the use of any air compressors; jackhammers; power-driven drill; riveting machine; excavator, diesel-powered truck, tractor or other earth moving equipment; hand hammers on steel or iron, or any other machine, tool, device or equipment which makes loud noises to the disturbance of persons occupying sleeping quarters in a dwelling, apartment, hotel, mobilehome, or other place of residence. (Ord. 9818 § 1, 1969: Ord. 8594 § 6, 1964.)

12.12.040 Exemptions--Certain zoned areas.

The provisions of this chapter do not apply in any territory which is in a zone in which the Zoning Ordinance, codified in Title 22 of this code, prohibits any residential use and which is not less than 500 feet from any territory in any residential zone as defined in Section 201 of Ordinance 1494, or any territory in a residential zone in any city. (Ord. 8594 § 11, 1964.)

12.12.050 Exemptions--Work performed with county engineer’s permission.

The provisions of Section 12.12.030 do not apply to any person who performs the construction, repair, excavation or earthmoving work involved pursuant to the express written permission of the county engineer to perform such work at times prohibited in Section 12.12.030. Upon receipt of an application in writing therefor, stating the reasons for the request and the facts upon which such reasons are based, the county engineer may grant such permission if he finds that:
A. The work proposed to be done is effected with a public interest; or
B. Hardship or injustice, or unreasonable delay, would result from the interruption thereof during the hours and days specified in Section 12.12.030; or
C. The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense. (Ord. 9818 § 2, 1969: Ord. 8594 § 7, 1964.)

12.12.060 Exemptions--Work by public utilities--Conditions.

The provisions of Section 12.12.030 do not apply to the construction, repair or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission as may be necessary for the preservation of life or property, and where such necessity makes it necessary to construct, repair or excavate during the prohibited hours. (Ord. 8594 § 10, 1964.)

12.12.070 Exemptions--Emergency work--Permit requirements.

The provisions of Section 12.12.030 do not apply to such construction, repair or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the county are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to Section 12.12.050, if the person doing such construction, repair or excavation obtains a permit therefor within one day after the offices of the county engineer are first opened subsequent to the making of such construction, repair or excavation. (Ord. 8594 § 9, 1964.)

12.12.080 Appeals from county engineer’s decision.

Any person dissatisfied with the decision of the county engineer may appeal to the business license commission as provided in Ordinance 5860, on business licenses, set out at Title 7 of this code, including the appointment of and reference to a referee, as in the case of a notification by the tax collector that he intends to deny a license. (Ord. 9849 § 1, 1969: Ord. 8594 § 8, 1964.)

12.12.090 Violation--Penalty.

Any person violating any provision of this chapter is guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Every such person is guilty of a separate offense for every day during any portion of which any violation or any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punished as provided by this chapter. (Ord. 8594 § 12, 1964.)

12.12.100 Severability.

If any provision of the ordinance codified in this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 8594 § 5, 1964.)