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ORDINANCE 386ORDINANCE NO. 386 AN ORDINz� CE OF 1 TH=� CITY OF EL SEGUNDO , CALIFORNIA, ESTABLIS =�IINTG CERTAIN REGU- LATIONS WITH REFERENCE TO SM- 10KING IN THEAZIRS AND IN CERTAIN OTHER '=LACES JITHIN S M CITY. THE CITY COUNCIL OF T= CITY OF II, SEGUNDO , CALIF OIUI IA, DOES ORDAIN AS FOLLOWS: SECTIOT? 1. That the public peace, health and safety is menaced by the smoking, lighting, igniting, or otherwise setting fire to, any tobacco, cigarette, pipe or cigar, within any auditorium, assembly room, audience room, balcony, foyer, or lounging room of any theater or motion picture theater, situated within said City of E1 Segundo, California, and that each of the foregoing acts or conditions be and the same is hereby declared to be a public nuisance; provided, however, that smoking may be permitted in balconies of any such theater or mo- tion picture theater when fire proofed to the satisfaction of the Fire Chief and Building Inspector of said City, and written permission to smoke upon such balconies has first been had and obtained from the Fire Chief and Building Inspector of said City. Before said Fire Chief and Building Inspector shall issue such written permit they shall require and procure from such owner or licensee such evidence as in their opinion will satis- factorily demonstrate to them that the fire resisting qualities of the fire proofing installed is adequate to prevent any fire which might be caused by such smoking, lighting, igniting or otherwise setting fire to any tobacco, cigarette, pipe or cigar. SECTION 2. That it shall be unlawful for any person to light, ignite or otherwise set fire to,any tobacco, cigarette, pipe or cigar, or to smoke any lighted tobacco, cigarette, pipe - 1 - #Q574 1 25'75 or cigar, in or within any auditorium, assembly room, audience room, balcony, foyer, or lounging room of any theater or motion picture theater situated within the said City of E1 Segundo, California, except within such balconies for which the Fire Chief and Building Inspector shall have issued a written permit so to do, as hereinabove in Section 1 of this ordinance pro- vided, and it shall also be unlawful for any person, firm or corporation operating or managing any such theater or motion picture theater to allow or permit a violation of any of the provisions of this ordinance therein. SECTION 3. That any person, firm, association or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction of any such violation such person, firm, association or corporation shall be punishable by a fine of not more than $500.00 or by imprisonment in the City Jail of the City of E1 Segundo, Cali- fornia, or in the County Tail of Los Angeles County, California, as the committing magistrate may direct, for a period of not to exceed six months, or by both such fine and imprisonment in the discretion of the Court. Every such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day during which, or during any portion of which, any of the provisions of this ordinance is violated and shall be punishable therefor as herein provided. SECTION 4. That this ordinance is an emergency ordi- nance affecting the public peace, health, safety and welfare of the City of El Segundo and the same shall, therefore, take effect and be in full force and virtue immediately upon the final pass- age and adoption thereof. The facts constituting its urgency are as follows: Smoking in any portions of a theater, as referred - 2 - to in Section 1 of this ordinance, constitutes a hazard and men- ace to life and property from the standpoints of fire and panic to the patrons and members of the public present in any such theater, unless such portion of said theater has been sufficient- ly and adequately fire proofed. The City of E1 Segundo has no present regulation to prevent or adequately control the acts covered by this ordinance. The prohibitions contained in this ordinance will correct said condition and provide the necessary means for controlling and regulating the practice of smoking in the portions of theaters hereinabove referred to in said Section 1. SECTION 5. That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of at least four - fifths of all of the members of the City Council of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted; and shall cause the salve to be published once in the El Segundo Tserald, a weekly newspaper of general circulation pub- lished and circulated ,,�ithin said City, and which is hereby designated for that purpose. Passed, approved and adopted this 13th day of June, 1951. ATTEST: City Clerk Sar";L % Mayor of the Cit o E1 Segundo, Calif orni-eL: - 3 - 25'76 257'7 ST.�_TE CF CALIFOP,", n , ) COUNTY OF LOS ANGELES , ) SS. CITY OF EL SEGUNDO. ) I, Neva 1,1. Elsey, 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. 386, was 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 m:_eting of the said Council held on the 13th day of June, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon. Peterson, Swanson, Thompson and Mayor Selby NOES: Councilmen None ABSENT: Councilmen None WITNES'S my hand and the official seal of said City this 13th day of June, 1951. (SEAL) City Clerk of the Cit of E1 Segundo, Californ' . 25'78 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES,) SS. CITY OF EL SEGUNDO. ) I, Neva , '. Elsey, 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. 386, is a full, true and correct copy of Ordinance No. 386 of the said City of El Segundo, Cali- fornia, entitled: "M ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING CERTAINT REGU- LATION'S WITF REl ENC : TO SMOKING IN THEATERS AIM IY CERTAIN OTHER PLACES ti °TITHIN SAID CITY." which was duly passed and adopted by the said City Council, ap- proved and signed by the Mayor of said City, and attested by the City lerk of said City, all at a regular meting of the said Council held on the 13th day of June, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen _Gordon, Peterson, Thompson, Swanson NOES: Councilmen None ABSENT: Councilmen None I do hereby further certify that pursuant to the pro- visions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 386 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 news- paper 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: June 21st. 1951 (SEAL) City Clerk of the Ci of E1 Segundo, Calif orn a. - 5 - Affidavit of Publication STATE OF CALIFORNIA, 1 COUNTY OF LOS ANGELES, } ss. CITY OF EL SEGUNDO, .......... F1 o noe Farrell .................... 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 Ske was, at, and during all of the time of the Publication of the instrument hereunto attached the...... .. ...........................Edi. t Qr.. ............................... . .... ............................... of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, do said County and State; that said newsapaper has been so 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 here- in 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 general 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 entertainment 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 newspaper is not devoted to or published for, nor was it at any of the times herein mention 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, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page....... numbered A... 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 appear from an inspection of the said annexed instru- ment; that the ........ Ordina.nae,.. baing..0rdinaM8..Dio ..386 ........................ of which the annexed is a printed copy as hereinabove stated, was published and printed in said newspaper at least... 0320 .... week .... I by..... QZ18. ..... consecutive publication...., commencing on the ....40.day of .. June ................. . A. D. 19.51., and ending on the ... ;40 ......... day of ......Time ...................A. D. 19..5], and as often during said time as said newspaper was regu- larly issued to- wit:....... Thw.44V. . rl. n a . -a 0 19 ,53, ... ....................................................... ............................... Subscribed and sworn Ato before me this............ day of ...... a . ! :' ! r ................ A. D. 19.,F-./. , ..... . City Clerk of the City of El Segundo, County Of Los Angeles, State oofy California. By..... . . Deputy City Clerk of said City.