Loading...
ORDINANCE 429D9so (G) That the City Council of the City of E1 Segundo, California, does hereby determine, upon the basis of an engi- neering and traffic investigation duly ordered and made, that the prima facie speed limit of fifty -five miles per hour pre- sently obtaining on that certain portion of Lapham Street be- tween the southerly line of Imperial Highway and the westerly prolongation of the southerly line of 118th Street, within the said city, is more than is reasonable and safe upon said por- tion of said Lapham Street, and that said Council does hereby determine and declare that the reasonable and safe prima facie speed limit thereon is twenty -five miles per hour, which said declared prima facie speed limit of twenty -five miles per hour shall be effective when appropriate signs giving notice thereof are erected upon said highway. SECTION 2. That the Chief of Police of said city is hereby authorized and instructed to cause appropriate signs, giving notice of said respective prima facie speed limits of twenty -five miles per hour and thirty -five miles per hour here - inabove determined, declared and fixed, to be posted upon the respective portions of said respective highways to which they respectively apply. SECTION 3. That said respective prima facie speed limit of twenty -five miles per hour and thirty -five miles per hour, hereinabove determined and established in Section 1 of this Article XVIII, are so established as authorized under the provisions of the Vehicle Code of the State of California au- thorizing local authorities so to do, and the speed of any ve- hicle upon said respective portions of said respective highways in excess of said respective prima facie limits of twenty -five miles per hour or thirty -five miles per hour is prima facie unlawful unless the defendant establishes, by competent evidence, - 45 - that any said speed in excess of said respective limits did not constitute a violation of the basic rule declared in Section 510 of said Vehicle Code at the time, place, and under the con- ditions then existing. SECTION 4. Any person driving a vehicle upon said respective portions of said respective highways in excess of said limits of twenty -five miles per hour or thirty -five miles per hour as hereinabove specified shall be subject to arrest, prosecution, fine and imprisonment in the manner, according to the procedure, and to the extent as provided in the Vehicle Code relating to such violations. ARTICLE XIX PERMITS UNDER SECTION 710 OF CALIFORNIA VEHICLE CODE SECTION 1. That subject to the limitions and the terms and conditions hereinafter set forth, the Traffic Au- thority (Chief of Police) of the City of E1 Segundo shall have the right and is hereby delegated the right and authokity, in his discretion, to make and issue permits, in writing, under the provisions of Section 710 of the Vehicle Code of the State of California authorizing the operation or moving of vehicles, or combinations of vehicles, or special mobile equipment, of size or weight of vehicle or load exceeding the maximum speci- fied in said Vehicle Code, or to use corrugations on the periph- ery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting upon the roadway, but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of ve- hicle otherwise prohibited under said Code, upon any highway within the City of E1 Segundo, California, and for the main- tenance of which said City of E1 Segundo is responsible. - 46 - 2tjS2 SECTION 2. That the authority hereby granted to said Traffic Authority shall be subject to the following limitations, terms and conditions: 1. The filing of a written application for such per- mit as contemplated under the provisions of said Section 710 of said Vehicle Code. 2. The making by the applicant of a cash deposit in the sum of $200.00, or the furnishing of a surety bond approved by the City Attorney as to form in a like sum of $200.00, which deposit or bond shall guarantee or insure that any street, road, alley or highway damaged in any manner by the equipment or operation permitted will, to the extent of such deposit or bond, be immedi- ately repaired at the sole cost and expense of the per - mittee, and restored to the same condition in which the same existed immediately prior to any such damage or injury, so far as such restoration can reasonably be made. 3. That the making of such deposit or the furnish- ing of such bond shall not be construed to exonerate or relieve the permittee from liability to said City for any damage which may be suffered or sustained by any such said road, alley, or highway, or public property, in excess of said deposit or bond amount of $200.00. 4. That for any such permit so issued, there shall be charged and the permittee shall pay a fee of $1.50 for each and every single operation or moving of a ve- hicle, or combination of vehicles, made under the pro- visions of such permit. 5. That whenever the Traffic Authority shall deem a Police escort necessary or advisable in connection with any operation under such permit, the permittee shall pay - 47 - for any such escort so required. The charge to be made for such escort and to be paid by such permittee shall be the sum of $1.50 per hour for each hour or fraction thereof for each Police vehicle (motorcycle or auto- mobile) used in such escort service, and the addition- al sum of $1.50 per hour for each hour or fraction thereof for each Police Officer used in such escort service; provided that in each single operation not less than a minimum of one hourts service for each such Police vehicle so required, and not less than a mini- mum of one hourts service for each such Police officer so required, shall be charged and must be paid. The Traffic Authority may require a deposit in such amount, as in his discretion may be reasonably necessary to cover the cost of such escort service in those cases where such escort service is specified by him. 6. That any dispute or disagreement between the Traffic Authority and any applicant for a permit, or any permittee, with reference to any matter which is the subject of this resolution, shall be resolved and finally determined by the City Council upon appeal by either said Traffic Authority or such applicant, or permittee, to said Council, and the determination of the City Council in the premises shall be final and conclusive. ARTICLE XX TRAFFIC CITATIONS SECTION 1. WHEN PERSON ARRESTED TO BE GIVEN NO- TICE TO APPEAR. (a) Whenever a person is arrested for any violation of this ordinance, and such person is not immedi- ately taken before a magistrate, the arresting officer shall �'S4 prepare in duplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, con- taining the name and address of such person, the license number of his vehicle, if any, the offense charged and the time and place when and where such person shall appear. (b) The time specified in said notice to appear must be at least five days after such arrest. (c) The place specified in said notice to appear shall be either: (1) Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where said arrest is made; or (2) Upon demand of the person arrested, before a municipal court judge or other magistrate having juris- diction of such offense at the county.seat of the county in which such offense is alleged to have been committed or before a magistrate in the judicial district in which the offense is alleged to have been committed. (3) Before a person authorized to receive a de- posit of bail. The clerk and deputy clerks of the mu- nicipal and justicets courts are persons authorized to receive bail in accordance with a schedule of bail ap- proved by the judges of said courts. (d) Said officer shall deliver one copy of said notice to appear to the arrested person and said arrested person in order to secure release must give his written promise so to appear in court or before a person authorized to receive a deposit of bail by signing the duplicate notice which shall be retained by said officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. _49 - 2585 (e) Said officer shall, as soon as practicable, file said duplicate notice with the magistrate or before a person authorized to receive a deposit of bail specified therein. If bail has not been previously fixed and approved by the judges of the court in accordance with a schedule of bail, the magistrate shall fix the amount of bail which in his judg- ment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon said no- tice a statement signed by him in the form set forth in 4ec- tion 815a of the Penal Code. The defendant may, prior to the date upon which he promised to appear, deposit with the magistrate or the person authorized to receive a deposit of bail the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further pro- ceedings be had, all sums deposited as bail shall forthwith be paid into the city treasury of E1 Segundo. (f) No warrant shall issue on such charge for the ar- rest of a person who has given such written promise to ap- pear in court or before a person authorized to receive a deposit of bail, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. SECTION 2. VIOLATION OF PROMISE TO APPEAR. (a) Any person wilfully violating his written promise to appear in court or before a person authorized to receive - 50 - a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (b) Whenever any person has for a period of 15 or more days wilfully violated his written promise to appear in court or before the person authorized to receive a deposit of bail, the magistrate or clerk of the court before whom the defendant so promised to appear shall give notice of such fact to the department not less than 10 nor more than 30 days after issuance of said warrant. Whenever thereafter the case in which such promise was given is adjudicated the magistrate or clerk of the court hearing such case must file with the department a certificate showing that said case has been adjudicated. SECTION 3. WAIVER OF FILING OF WRITTEN CGMPLAINT. Whenever a written notice to appear in Court has been deliv- ered to and signed by a defendant as hereinabove provided in this Article XX of this ordinance, or whenever notice of il- legal parking has been given under any other provision of this ordinance, or substantially as contemplated under the provisions of Section 591 of the California Vehicle Code, an exact copy of said notice shall, as soon as practicable, be filed with the magistrate specified therein, and shall, not- withstanding the provisions of Section 1426 of said Penal Code, constitute a complaint to which the defendant may plead "guilty." If, however, the defendant shall violate his promise to appear in Court or shall fail to deposit bail, as required by law, or if the defendant shall not plead "guilty" of the offense charged, an amended complaint shall be filed which shall conform to the provisions of said Section 1426 of said - 51 - 6 Penal Code and thereafter such proceedings shall be had as may be provided by law; provided, that a defendant may, by an agreement in writing subscribed by him and filed with the Court, waive the filing of a verified complaint and elect that the prosecution may proceed upon the written notice men- tioned in this Article XX of this ordinance. SECTION 4. APPEARANCE BY COUNSEL SUFFICIENT. A written promise to appear in Court may be complied with by an appearance of counsel. ARTICLE XXI PENALTIES AND EFFECT OF ORDINANCE. REPEALS. SECTION 1. PENALTIES. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail of the City of E1 Segundo, California, or in the County Jail of the County of Los Angeles, California, as the committing magistrate may direct, for a period of not more than six (6) months, or by both such fine and imprisonment in the discretion of the Court. SECTION 2. SAVING CLAUSE. If any section, sub -sec- tion, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this or- dinance. The City Council hereby declares that it would have passed this ordinance and each section, sub - section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. SECTION 3. REPEALS. The following ordinances, to wit: Numbers 3 13, 326, 334, 3399 346, 353, 356, 36$, 3$1, - 52 - 3$3, 3$9, 397, 402, 407, 415 and 417; and all other ordinances and parts of ordinances insofar as the same conflict with, or are inconsistent with the provisions of this ordinance, are hereby repealed. It is provided, however, that the repeals above referred to shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or portion of any ordinance here- by repealed prior to the taking effect of this ordinance. SECTION 4. That this ordinance shall become ef- fective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 5. That the City Clerk shall certify to the passage and adoption of this ordinance; 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 min- utes of the meeting at which the same is passed and adopted; and within 15 days after the adoption thereof shall cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and cir- culated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 3 o TI4 day of &EP nnr3E & , 1953• ATTEST: `! ! n . 22� _ City Clerk ( SEAL ) l j � -tom Mayor of the City of gundo, California. / - 53 - STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. I. Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole num- ber of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 429, 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 meeting of the said Council held on the 30th day of September 2 1953, and that the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: WITNESS this 30th day of (SEAL) Councilmen Councilmen Councilmen my hand and September Gordon. Peterson. Swanson and Mayor Selby; None: Baker. the official seal of said City 1953• Oyu . ity Clerk of the Cit5t o, E1 Segundo, CalifornisIG - 54 - w C STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, City Clerk of the City of E1 Se- __ gundo, 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. 429, is a full, true and correct copy of Ordinance No. 429 of the said City of E1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, MAKING CERTAIN PROVISIONS_ RELATING TO PUBLIC STREET AND PUBLIC PLACES WITHIN SAID CITY; REGULATING TRAFFIC IN AND UPON SUCH PUBLIC STREETS AND PLACES; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.", which was duly passed and adopted by the approved and signed by the Mayor of said by the City Clerk of said City, all at a the said Council held on the 30th day of and that the same was so passed and adopl vote: said City Council, City, and attested regular meeting of September, 1953, ed by the following AYES: Councilmen Gordon, Peterson, Swanson and Mayor Selby: NOES: Councilmen None; ABSENT: Councilmen Baker, I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 429 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 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: October 8th, 1953 City Clerk of the Cityf o E1 Segundo, Califor 'a. (SEAL) r� Cam, Affidavit of Publication STATE OF CALIFORNIA, I COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO, 891 John Murphy .. ............................... ..........................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...... Editor ................ .................................................. .............................. Editor 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 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 Obde of the State of California; that as provided by said section, said newspaper Is published for the dssemination 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 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 back -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 ........................... ?9 ............................. of which the annexed is a printed copy as hereinabove stated, was published and printed in said newspaper at least... 1.... .week... , by .... I .......... consecutive publication...., commencing on the .. 8 Yh ...day of .October ............... A.D. 19.53 and ending on the... gth .............. day of ...... ©Ct© §r............A. D. 19.53, and as often during said time as said newspaper was regu- larly issued to- wit: ... One. -Time ........................................ ............................... ..................................................... 6.. ................................................... ._... ................. .. 2 ................ Subscribed �--to before me this...! y ............ A. D. io;$r .3 day of .. ........ 1..... Y..F. ..... as.... ....... City Clerk of the City of El Segund , CoUnty of Los Anger, State of C ornia. By .............. .. .. .. 1 ... .... .. . . ................ . Deputy City Clerk of said City.