Declaration of reasons

The main asset of the economy of the town of Santa Susanna is one of the most modern, dynamic concentrations hotel establishments in the Maresme region, recently distinguished with the Marking of Family Tourism awarded by the Government of Catalonia.
The determined stake on developing a competitive hotel industry, which the town maintains as one of its main strategic policies in order to consolidate a model generating wealth in the long term (unlike neighbouring models, focused on the development of residential uses) requires a permanent effort to adapt to the new challenges posed by the development of the sector.
If what is wanted is to achieve a quality tourism, this effort must be aimed as a priority at creating the ideal conditions for tourist and hotel activities to be able to be developed in complete normality, without discomfort or interference, such as those derived from the exercise of activities incompatible in their area of influence.
One of the first manifestations of activities incompatible with the exercise of the hotel industry that has been revealed in recent years is the construction activity during the tourist high season.
The disturbances of all kinds caused by work during the summer in the hotel sector by dust, noise, smoke, vibrations, occupation of the street, difficult circulation, means that it is not only convenient, but also even essential, to take drastic measures such as those proposed by this Ordinance, to prevent the negative repercussions of such work on the hotel tourist fabric of the town.
The Municipal Law and Local System gives the municipality competence in the areas of environmental sustainability, the organisation of vehicle traffic and people in the urban streets, the urban organisation, management, execution and discipline and the protection of the environment, citizens’ co-existence and the intervention of the private activities.
Citizens’ intervention activities may be exercised through the approval of ordinances and bylaws, submission to licence and acts of preventive control and the individual orders of command.
In order to specify the time area of the application of the new Ordinance and in view of the result of the public information procedure, it has been considered convenient to insert a transitory provision in the initially approved provision to stress the application of the works that have obtained a licence previous to the publication of the new text, which will be obliged to suspend their activities during the times established by the regulations, if they are in course.

Dispositions
Article 1. Prohibition of works during the tourist high season

During the tourist high season from 1st July to 31st August, both included, it is prohibited to perform any kind of major works within the territorial area of the Hotel Tourist Sector in Santa Susanna.
Major works, for the effects of this Ordinance, will be those that require a project of this nature according to the technical or professional sector legislation corresponding to their object.
The territorial area affected by the measure is that included in the Hotel Tourist Sector; the area of the Special Plan for the Protection of the Coast and the area of the Special Plan of Interior Reform of the "les Sorres" Sector.

Article 2. Prohibition on work machinery and vehicles

During the tourist high season defined in the preceding article, no heavy machinery or transport vehicles are allowed to circulate on access roads and the streets in the territorial areas mentioned in the same article, intended for or coming from the works built there.

Article 3. Restrictions on the performance of work outside the high season

During the time from 1st September to 30th June, both included, it is forbidden to carry out any kind of constructive activity in the territorial areas referred to in the first article between 7 p.m. and 9 a.m..
This restriction also applies during the tourist high season to constructive activities other than those declared forbidden in the first article.

Article 4. Works exempt from the suspension

The area of application of the Ordinance excludes all municipal public works that are in any of the following cases:
1. That are declared urgent or emergency
2. That can not be done at times other than in the tourist high season
3. That can not be delayed due to the risk of losing the subsidies that finance them, in the case of extemporary justification
4. That are considered particularly convenient to do in the high season for duly certified reasons of general interest

Article 5. General condition of works licences

The prohibitions established in this Ordinance will constitute a general condition of the licences of major works of any nature that are granted for the development of constructive activities in the Tourist-Hotel Sector, although it is not mentioned expressly in the instruments by means of which these licences are documented.

Article 6. Work stoppage

The competent authorities and municipal civil servants may order, albeit verbally, the stoppage of the works and transport activities carried out against what is established herein, and take the necessary measures to ensure the complete interruption of the work they are doing, and to remove the machinery and material prepared for the work, the enclosure of the accesses, premises and installation and the immobilisation or withdrawal of vehicles to the municipal compound.

Article 7. Offences and sanctions

The infringement of the prohibitions established by this Ordinance will be considered a very serious infringement and will give rise to the maximum sanction established by article 237 of the Rewritten Text of the Municipal Law and Local System, unless the profit achieved by the offender were greater, in which case the sanction will be equivalent to the value of this profit.
It will also cause the obligation to restore the damage caused to the Corporation or third parties with the illegal works.

Additional Provision. Approval and enforcement

This Ordinance was finally approved by the Plenum of the Corporation on 8th August 2006 and will come into force on the date following its publication in the Official Gazette of the Province. It was published in Official Gazette no. 197 on 18th August 2006.

Transitory Provision. Work under way

Any work that has obtained a licence prior to the publication of the Ordinance is also affected by it when it comes into force, and is therefore obliged to suspend its activities for the periods established in the text.