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ORDINANCE 387L 25'79 ORDINANCE NO. 387 AN ORDINANCE OF THE CITY OF _]L SEGUNDO, CALIFORNIA., A=II\TG ORDINANCE NO. 90 (REGUL.'_TING THE COLLECTION AND DISPOSAL OF GARBhGE t2\ID RUBBISH AND THE ACCUMU- LATION OF 1 ANURE) OF SAID CITY, BY AIIITDING SECTION 6 THEREOF. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDA11T AS FOLLOWS: SECTION 1. That Section 6 of Ordinance No. 90 of the City of El Segundo, California, entitled: "AN ORDINANCE OF Tim CITY OF EL SEGUNDO, CALIFORNIA, REGUL'TI7-\TG THE COLLECTION AID DISPOSAL OF GARBAGE AND RUBBISH AND THE ACCTAULATION OFMNURE WITHIN SAID CITY; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, AZr D RY±-=' ING ALL ORDINANCES AND PARTS OF ORDIPTATQCE IN CONFLICT THERE TITH. ", passed and adopted on the 2nd day of January, 1923, shall be and the same is hereby amended so as to read as follows: "SECTION 6. (1) It shall be unlawful for any per- son, firm, association or corporation to deposit, or cause or permit to be deposited, any garbage, combustible rub- bish, or non - combustible rubbish, or refuse of any kind whatsoever 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 pub- lic place, within the City of .E1 Segundo; provided, however, that the provisions of this ordinance regula- ting 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 - 1 - 2580 or permit issued by said City or its authorized of- ficers or representatives, when such principal, of- ficer or employee is acting in line of duty, and in the course of his or her employment as such princi- pal, officer or employee. "(2) Non - combustible rubbish may be deposited upon any low ground after the person, firm, associ- ation or corporation proposing so to deposit the same, shall have obtained permits so to do in writ- ing: - (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 Chief of the Fire Department of said City. "(3) Combustible rubbish, semi - combustible rub- bish and other combustible materials, may be deposited and burned, and open fires may be built, ignited and maintained upon private property within said City only when and after the person, firm, association or cor- poration proposing so to do shall have obtained a per- mit 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 (b) From the City Council or from the Chief of the Fire Department of said City, or his authorized representative. - 2 - "In any permit issued by either the City Council, or the Chief of the Fire Department, or his author- ized representative under the provisions of subdivi- sion 1(b)' above, the City Council, or the Chief of the Fire Department, or his authorized representa- tive may impose terms and conditions under or pur- suant to which the depositing and burning of the materials, referred to in such permit, may be made or done, and it shall be unlawful for any person, firm, association or corporation to violate any of such terms or conditions so specified and imposed. "It is provided, however, that such perr_its for burning shall not be required in those cases where only small amounts or quantities, not exceeding one (1) cubic yard in content, are deposited and burned upon premises owned or possessed by the per- son, firm, association or corporation so depositing and burning the same, if reasonable and necessary precautions have been and are at the time taken to prevent any such fire from spreading. tt(4) No person, firm, association or corpor- ation shall burn any combustible rubbish, semi -com- bustible rubbish or other combustible materials in in any open fire or/ any incinerator within said City of E1 Segundo, except between the hours of six o'clock a.m. and eleven o'clock a.m. of any day, and no per- mit (except as hereinafter provided) issued under the provisions of this ordinance shall authorize or per- mit such burning outside of said hours; provided, however,'that in the case of the burning of standing or uncut dry grass, weeds, brush or vegetation, the authority issuing the permit may permit the burning - 3 - 258. _—J 2582 of such standing or uncut dry grass, weeds, brush or vegetation between the hours of six o'clock a.m. and three o'clock p.m. of any day. "(5) It shall be unlawful for any person, firm, associa- tion or corporation to set fire to, ignite, or burn any standing or uncut dry grass, weeds, brush or vegetation on any lot or premises within the City of L1 Segundo, California, unless such person, firm, association or corporation shall have first ob- tained a permit in writing from the City Council, or from the Chief of the Fire Department of said City, or his authorized representative so to do. 11(6) That it shall be unlawful for any person, firm, association or corporation depositing any such combustible rub- bish, semi - combustible rubbish or other combustible materials, as herein permitted, to fail, refuse or neglect; - (a) To completely and lawfully dispose of the same (otherwise than by burning) within ten (10) days after so depositing the same; or (b) To within ten (10) days after so depositing the same (in those cases where no burning permit is required hereunder), actually burn the same; or (c) To within ten (10) days after so depositing the same (in those cases where a permit to burn is required hereunder), actually procure such permit and actually burn such rubbish or materials, pur- suant thereto. I'M That any permit granted pursuant to the provisions 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. . 11(8) No person, firm, association or corporation shall de- posit any combustible rubbish, semi - combustible rubbish or other combustible materials, or any non - combustible rubbish in or upon the land or property of any other person, firm, association or corporation without first obtaining the written consent of such other person, firm, association or corporation so to do." 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 2583 affecting the public peace, health, safety, comfort, convenience and general welfare and the same shall, therefore, take effect and be in full force and virtue immediately upon the final adoption thereof. The facts constituting its urgency are that the hot sum- mer season is rapidly approaching and large quantities of combustible rubbish, semi - combustible rubbish and other combustible materials will be accumulated and will be disposed of, in the main, by burning. The present regulations of the City are not sufficient to maintain the necessary control over such burning operations, but with the regulations and restrictions established by the amendment adopted by this ordinance, the City Council feels that the necessary controlling measures will be provided, thereby safeguarding both lives and prop- erty from fire and the menance of fire. This ordinance is therefore urgently required. SECTION 4. That the City Clerk shall certify to the pas- sage and adoption of this cr dinance 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 same to be published once in the E1 Segundo Herald, a weekly news- paper of general circulation published and circulated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 20th day of June, 1951. — TvlayoVof the City of El Segundo, California. ATTEST: �,^ 0 rl. V.� City Clerk (SEAL) - 5 - 2584 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO. ) SS. I, Neva 1J11. Elsey, City Clerk of the City of E1 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. 387 , was passed and adopted by the said City Council, approved and signed by the Mayor Pro Tem Jof said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of June, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon. Peterson. Swanson and Mayor Pro Tem Thompson NOES: Councilmen None ABSENT: Councilmen Selby WITNESS my hand and the official seal of said City this 20th day of June, 1951. '& � -j -)'), LL , City Clerk of the y of El Segundo, Califor a. (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva L1. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the forego- ing ordinance, being Ordinance No. 387, is a full true and cor- rect copy of Ordinance No. 387 of the said City of E1 Segundo, California, entitled: "AN ORDINANCE OF ITHE CITY OF EL SEGUNDO, CALIFORNIA, AIv +IIDI�TG ORDINANCE NQ. 90 (REGULATING THE COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH AM THE ACCU193- LATIONT OF !aANURE) OF SAID CITY, BY AI4MMING SECTION 6 THEREOF. ", 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 Clerk of said City, all at a regular meeting of the said Council held on the 20t-.h day of June, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon Peterson Swanson and Mayor Pro em Thompson NOES: Councilmen None ABSENT: Councilmen Selby 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. 387 was duly and regularly published according to law and the order of the City Council of said City in the E1 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 2$, 10? 1 (SEAL) - 7 - 2585 City Clerk of the Ci of E1 Segundo, Califo gia. 2585 Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss CITY OF FL SEGUNDO, I�, k z x -(! ] ] .......... . . . . . .... being first duly sworn, deposes and says: That 8ke 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 Jhe was, at, and during all of the time of the publication of the instrument hereunto attached the........ .................. &d.Lt ar............................................... ............................... . MR MP of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper 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 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 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 Mfgrred 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 mentioned devoted to or published for the purpose, whether avowed 3r otherwise, of entertaining or instructing such classes, ,professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page.S -... numbered An] ...... AN.P...".A.:..; .' :........................................ ............................... 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 ..............I�xd.tl.nc:e .hT1J.... X87................ ............................... of which the annexed is a printed copy as hereinabove stated, was published and Printed in said news- paper at least ... Ql�.Q .... week...., by ....QtW ............ consecutive publication...., commencing on the Z'G .... day of ......... J '- lae ............. A. D. ' l.., and ending on the..... .t�?........day of ......... 4,4A ................A. D. 19.....: Ind as often during said time as said newspaper was regu- larly issued, to- wit: ..........Th 1� .y.' sf,j,.. J z . k.8....1� 1... .: .... ............................... ............................................................................. ............................... . . .. .. . ....... Subscribed a sworn to before me this.P.: k.e: ... day of .... ............... A. D. 19.45. A. City clerk of the City of El Se ,County of Los Angeles, State of ornia 13Y ...... City Clerk of said City. . J