HomeMy WebLinkAboutORD 1178ORDINANCE NO. 1178
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REINSTITUTING SECTION 9.24.065
PARKING LOT SWEEPERS TO CHAPTER 9.24 NOISE CONTROL
WHEREAS, the City of Palm Desert is authorized to implement amendments to
its current ordinances; and
WHEREAS, Government Code Section 36937(b) authorizes the City Council to
adopt urgency ordinances that are effective immediately, when necessary, for the
immediate preservation of public peace, health and safety; and
WHEREAS, Government Code Section 36937(b) requires that urgency
ordinances be passed by four -fifths vote of the City Council; and
WHEREAS, all the legal prerequisites relating to the adoption of this Urgency
Ordinance have occurred;
NOW THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. The City Council hereby incorporates by reference the recitals of this
Urgency Ordinance and finds that the adoption of this Urgency Ordinance reinstituting
Section 9.24.065 (Parking lot sweepers) is immediately necessary to reinstate this
section, which was inadvertedley omitted from the current Noise Control ordinance in
order to promote the immediate preservation of the public peace, health, and safety
because inadequately controlled noise presents a growing danger to the immediate
health and welfare of the City of Palm Desert.
SECTION 2. Section 9.24.065 be and the same is hereby reinstituted to read as
follows:
9.24.065 Parking lot sweepers.
No person shall operate, or permit to be operated, a parking lot sweeper between
the hours of ten p.m. to seven a.m. in or adjacent to any residential zone. Emergency
work and/or unusual conditions may cause parking lot cleaning to be permitted with the
consent of the city manager."
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
ORDINANCE NO. 1178
SECTION 4. SEVERABILITY
If any provision of this Urgency Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Urgency Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Urgency Ordinance are
severable. The City Council hereby declares that it would have adopted this Urgency
Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. ADOPTION
This Urgency Ordinance, as adopted by the necessary four -fifths (4/5) vote of the
members of this City Council, pursuant to Government Code Sections 36934 and 36937
shall take effect immediately upon its adoption.
SECTION 6. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall post a certified copy of this Urgency Ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
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ORDINANCE NO. 1178
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 11th day
of December, 2008, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ROBERT A. SPIEGEL, NfA
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ATTEST:
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RA LL D. KLASSEN, CIT�CLEK
CITY OF PALM DESERT, CALIFORNIA
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APPROVED AS TO FORM:
Best test Krieger LLP, City Attorney
City of Palm Desert, California
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