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ORDINANCE 314ORDINANCE NO. 314 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING ORDINANCE NO. 90 OF N SAID CITY, ENTITLED: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH AND THE ACCUMULATION OF MANURE WITHIN SAID CITY; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.", BY AMENDING SECTION 6 THEREOF. The City Council of the City of E1 Segundo, California, does ordain as follows: SECTION 1. That Section 6 of Ordinance No. 90 of the City of E1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH AND THE ACCUMULATION OF MANURE WITHIN SAID CITY; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT THMEWITH . N , passed and adopted on the 2nd day of January, A. D., 1923, shall be and the same is hereby amended so as to read as f ollows : "SECTION 6. (1) It shall be unlawful for any person, firm or corporation to deposit, or cause or permit to be deposited, any garbage, combustible rubbish, or non - oombustible rubbish, or refuse of any kind what- soever in or upon any public street, alley or other public place, or to build, ignite or maintain any open fire upon or in any public street, alley or other public place, within the City of El Segundo; provided, however, 1- Q a J =� 0 3 that the provisions of this ordinance regulating the building, igniting or maintaining of open fires shall not apply to any principal, officer or employee of said City, or of any public utility or franchise holder, or special permit holder, holding a franchise or permit Issued by said City or its authorized officers or re- presentatives, when such principal, officer or employee is acting in line of duty, and in the course of his or her employment as such principal, officer or employee. (2) Non- combustible rubbish may be deposited upon any low ground after the person, firm, association or corporation proposing so to deposit the same, shall have obtained permits so to do in writing:_ (a) From the owner or person in possession or control of the premises upon which it is proposed to deposit such non- combustible rubbish; and (b) From the City Council or the City Engineer of said City. (3) Combustible rubbish, semi. co mbustible rubbish and other combustible materials, may be deposited and burned, and open fires may be built, ignited and main- tained upon private property within said City only when and after the person, firm, association or corporation proposing so to do shall have obtained a permit therefor in writing: - (a) From the owner or person in possession or control of the premises upon which it is so proposed to deposit and burn any such combustible rubbish, semi- combustible rubbish, or other combustible materials; and 2- i 3 E 4,04 (b) From the City Council or from the Chief of the Fire Department of said City, or his authorised representative. Such permits for burning, however, shall not be required, where only small amounts or small quantities Of such materials are deposited and burned upon premises owned or possessed by the person, firm, association or corporation so depositing and burning the same; provided that reasonable and necessary precautions have been taken to prevent any such fire from spreading. (4) That it shall be unlawful for any person, firm, association or corporation depositing any such combustible rubbish or semi - combustible rubbish, as herein premitted, to fail, refuse or neglect to burn such combustible or semi - combustible rubbish immediately after so depositing the same. (5) That any permit granted pursuant to the pro- visions of this section may be revoked by the issuing authority at any time without prior notice, and upon revocation all rights under such permit shall immediately cease. if SECTION 2. That Section 6 of said Ordinance No. 90 is hereby amended as hereinabove in Section 1 of this ordinance set forth. SECTION 3. That this ordinance is an emergency ordinance, affecting the public peace, health, safety, comfort, convenience and general welfare of said City, and the sane shall therefore take effect and be in full force and virtue immediately upon the final passage and adoption thereof. The facts constituting its urgency are as follows: There has been deposited and burned in the City of E1 Segundo, both in and upon the public streets, and in and 3- upon private premises within said City, in recent months, quantities of the materials hereinabove referred to, which burnings have caused the officials and inhabitants of said City apprehension and alarm with respect to their effect upon the public peace, health and safety, and the regulations established by this ordinance with reference to such matters are urgently needed in order to protect and preserve such public peace, health and safety. SECTION 4. That the City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of ordinances of the said City of El Segundo, and shall cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated in said City and hereby designated for that purpose. Passed, approved and adopted this 9th day of July, A. D., 1947. ATTEST: VICTOR D. 146CARTHY City Clerk (SEAL) Hy Deputy. 4- K'4 /4' /t 0, Mayor of the City 1 Segundo, California. f r► -j 6 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City Of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 314, was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 9th day of July, A. D. , 19470 and that the same was so passed and adopted by the following vote: AYES: Councilmen Bakert Peterson, Thompson and Mayor Selby NOES: Councilmen clone ABSENT: Councilmen _skelley VICTOR D. McCARTHY ity erk of the ity of E1 Segundo, California. ( SEAL) By Deputy. 5- CLERKS CERTIFICATE STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. I, Victor D. McCarthy Of El Segundo , City Clerk of the City , California, do hereby certify that the whole number of members of the five; t City Council of the said City is hat the foregoing ordinance, being Ordinance No. 314 Is a full, true and correct Of the said City of El Be of Ordinance No. 314 gundo, alifornia, entitled: "AN ORDINANCE OF TtIE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING ORDINANCE NO. 9O OF SAID CITY, ENTITLED: $AN ORDINANCE OF THE CI Ty OF EL SEGUNDO, CALIFORNIA, REGULATING THE COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH AND THE ACCUMULA- TION OF MANURE WITHIN SAID CITY; PRE- SCRIBING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALI -WG ALL ORDINANCES AND PARTS OF ORDINANCES IN CONYLI CT THEREWITH' •, BY AMENDING SECTION g THEREOF.". which was duly passed and adopted by the said City Council, approved and Signed by the Mayor of said City, by the City Clerk of said City, all at a regarnmeetingtof the said Council held on the __2jib day of July, 1947, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson. -- Thorr�-pson and Mayor S_ e_? by NOES: Councilmen ABSENT: Councilmen �Skell ey —' I do hereby further certify that pursuant to the provisions of Section 8 78 of Act 5233 of the General Laws of the State of California, (Deering 1923 Edition) as amended to date, that the foregoing ordinance No. 314 was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation printed, published and circulated within the said City, and that the same was so published therein on the following date, to-wit: J I WITNESS my hand and the seal of said City this 18th day of July ,A. D., 1947. Victor D. McCarthy, City Clerk of the -city of El Segundo, California. (SEAL) By puty. 1 Affidavit I of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO, Frank L.. _..AAQw ....... being first duly sworn, deposes and says: That he . .. . .... . .......... . . .. . ...... is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the Instrument hereunto attached the..._......._. pA*ft 1 and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub- lished and circulated WEEKLY in the City of El Segundo, In said County and State; that said news- paper has been so printed, published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a gen- eral character, having a bona fide subscription list of paying subscribers; that said newspaper Is not and was not at any of the times herein referred to, devoted to the Interests, or published for the enter- tainment or Instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said news- paper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades, call- ings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page_....... numbered ....................... . .. . .... . .................... 41 ................. ..... . ........ . . .. . . .. . . . . ............ . .. . ­ ........................ ... . ... ... I ...... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or Instrument, In words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black- face type not smaller than nonpareil, describing and expressing In general terms the purpose and character of the notice, order, ordinance, resolution or instrument Intended to be published, as will ap- pear from an inspection of the said annexed instru- ment; that the of which the annexed is a printed copy as herein above stated, was published and printed In said newspaper . at least .... 01308.yz�k. P �=. JcArlow - - - on the ...... ------- .... ],.7.th_...day of .......... . ........ A. 'D. 194_7 --- 112youvr4kV - -------- - - ------------------- - - --------------- - M win 11 dookepow"d 61- ............. . .............. . ......................... X601000" to-wit: ... . .... . .... . . . . . . .... . .. . ............ . ... — ------ ....... . ............ . .... . .......................... Thursday -------- - _ - ------- ...... . .... . .... . . ..... ........................................... . .. . . . . . ............ ­..__...._.... ........... ad ...... VE ....... Subsc sworn to before me this ol? . . ... . .... . ..... I A. D. daJof .. A Clerk of the q1t9-01-AU_M of Los AnAeles, State Of BY- - ------- - --- - ---- - --- DiPutY City Clerk of Said City. 2 r_r 03 that the provisions of this ordinance regulating the building, igniting or maintaining of open fires shall not apply to any principal, officer or employee of said City, or of any public utility or franchise holder, or special permit holder, holding a franchise or permit Issued by said City or its authorized officers or re- presentatives, when such principal, officer or employee is acting in line of duty, and in the course of his or her employment as such principal, officer or employee. (2) Aron- oombustible rubbish may be deposited upon any low ground after the person, firm, association or corporation proposing so to deposit the same, shall have obtained permits so to do in writing:- (a) From the owner or person in possession or control of the premises upon which it is proposed to deposit such non- combustible rubbish; and (b) From the City Council or the City Engineer of said City. (3 ) Combustible rubbish, semi - oombustible rubbish and other combustible materials, may be deposited and burned, and open fires may be built, ignited and main- tained upon private property within said City only when and after the person, firm, association or corporation proposing so to do shall have obtained a permit therefor in writing:- (a) From the owner or person in possession or control of the premises upon which it is so proposed to deposit and burn any such combustible rubbish, semi - oombustible rubbish, or other combustible materials; and 2-