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ORDINANCE 440ORDINANCE NO. 440 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, DEFINING NUISANCES, PROHIB- ITING THE SAME AND PROVIDING FOR THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE OF ORDINANCE. That the intent of the City Council in adopting this Ordinance and the purpose there- of is to protect the inhabitants of the City of E1 Segundo against all forms of nuisances, public or private, not specifically pro- hibited by State Law, growing out of any action, activity, condi- tion, circumstances or situation permitted to exist within said City and caused or produced by any person, beast or fowl, reptile or insect, or by any mechanical or other contrivances, and which is injurious to health, or detrimental to the public safety or morals, or is indecent, or offensive to the senses, or an obstruc- tion to the free use of property to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood, or by any considerable number of persons. SECTION 2. NUISANCES DECLARED AND PROHIBITED. The following are hereby expressly declared to be nuisances and except as hereinafter provided are prohibited in the City of El Segundo, California, and any person, firm, company or corporation maintain- ing or permitting such nuisances or any of them to be maintained or to exist on his or her, or its, premises whether as owner, les- see or otherwise, shall be guilty of a misdemeanor punishable as hereinafter provided, and each and every day in which such nui- sance exists shall constitute a separate offense: NUISANCES AFFECTING PEACE AND COMFORT OR INTERFERING WITH LAWFUL BUSINESSES: - 1 - M S.a A2 (a) UNNECESSARY NOISES: The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance or commotion in or about any hotel, motel, apartment house, court, rooming; house, auto court, trailer camp, dwelling or other structure, or upon any public street, park or public place or building, except the ordinary and usual noises and commotion incident to said places when normally and properly conducted. (b) NOISES BY LOUD SPEAKERS, ETC., IN RESIDENTIAL DIS- TRICTS BETWEEN 10 :00 P. M. AND 8 :00 A. M.: The operation be- tween the hours of 10 :00 o'clock p.m. and 8 :00 o'clock a.m. in a residential district or immediately adjacent to a residential district, of any loud speaker or amplifying device, or the play- ing of, or operating, or permitting the playing or operation of any musical instrument, radio, television, or phonograph, in volume sufficiently loud to disturb and interfere with the peace, comfort or repose of persons of ordinary and normal sensitive- ness. (c) NOISES BY ANIMALS, ETC.: The keeping or harboring of any animal, bird or fowl which emits, between the hours of 10 :00 p.m. of one day and 8 :00 a.m. of the next day, any sound or cry which disturbs or may reasonably be presumed or expected to dis- turb the peace, comfort or repose of the residents of the neighborhood in which said animal, bird or fowl is located or kept. (d) VULGAR OR OBSCENE LANGUAGE THROUGH LOUD SPEAKER: The uttering through any loud speaker, sound making or sound ampli- fying device, or otherwise, of any obscene, vulgar, profane or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction or damage to property or injury to any person, or intended to, or which would reasonably be expected to, incite others to do any 2 - r unlawful act or which utterances would reasonably be expected to create a condition which would result in a clear and present dan- ger of the commission of such unlawful acts. (e) UNNECESSARY NOISES GENERALLY: The tolerating, making, causing, or permitting to be made any unnecessary noises or sounds by persons, animals or fowls, or by automobiles, motorcycles, en- gines, machines, or other mechanical devices which noises are an- noying to persons of ordinary sensitiveness or which are so loud, harsh, or so prolonged or unnatural or unusual in their time and place as to occasion unnecessary discomfort to the inhabitants of the neighborhood from which said noises emanate or so as to inter- fere with the peace or repose thereof. NUISANCES AFFECTING PUBLIC PEACE AND MORALS: (f) GAMBLING, BOOKMAKING, GAMES OF CHANCE, PROSTITUTION, ETC.: Operating, maintaining, or keeping, or tolerating or per - mitting,the operation, maintenance or keeping of any and all games of chance, betting and bookmaking devices or facilities, card games, lottery or gambling devices, slot machines, punch boards or marble machines, or any other machine facilities or devices pro- hibited by Federal or State Law or City Ordinances; or the keeping or maintaining or permitting the keeping or maintaining of houses, structures, rooms or places for the purpose of prostitution or prohibited sexual relations or the resorting to such places for the purposes herein immediately above enumerated. (g) KEEPING REPTILES OR INSECTS: Keeping or maintaining snakes or other reptiles, or bees or other insects within the city limits of the City of E1 Segundo, unless a permit therefor, has been obtained from tr-e Chief of Police, on application regularly filed, setting forth the location and manner in which said rep- tiles or insects are to be kept. - 3 - (h) KEEPING AND MAINTAINING AVIARIES: Keeping or main- taining canary, parakeet, or other bird aviaries (containing in excess of ten (10) birds) within the city limits of the City of E1 Segundo unless a permit therefor, has been obtained from the Chief of Police, on application regularly filed, setting forth the location and manner in which said aviaries are to be kept. NUISANCES AFFECTING HEALTH AND SAFETY: (i) CONTAMINATING MATERIALS: The keeping or maintaining of decayed or unwholesome food, sold or offered for sale to the public; or the accumulations of manure, rubbish or debris or animal or vegetable matter of any kind or character, from which foul smells or odors emanate or which provides or is likely to provide a breeding place for vermin, insects or rodents of any kind; or the pollution of any well, cistern, stream, creek, or other body of water, by sewage, industrial wastes or other sub- stances, which are or may reasonably be expected to become detri- mental to the public health, or the keeping or maintaining or permitting to be kept or accumulated on any private property, of ponds or pools of stagnant or waste water. (j) REFRIGERATORS, ICEBOXES, LOCKERS AND CABINETS, ETC.: The leaving, storing or keeping in any place accessible to chil- dren of any refrigerator, icebox, deep freeze locker, or other cabinet container having a capacity of one and one -half cubic feet or more, which is not in use for the purpose for which it was manufactured or intended and which has not had the door locks or latches removed to prevent latching or locking of the door. SECTION 3. This ordinance shall apply to all the ac- tivities, circumstances, operations, situations and conditions hereinabove enumerated and includes all the structures, objects, things, materials or substances described or enumerated, and such structures, objects, things, materials and substances are hereby - 4 - _a _, ' (_�5 declared to be nuisances when tolerated, used, kept or maintained or permitted to be tolerated, used, kept or maintained in the manner or under the conditions prohibited hereby or in any manner which creates or may be reasonably expected to create or produce a clear and present danger of injury or damage to persons or property. SECTION 4. Wherever in this ordinance a permit is re- quired for the doing of any of the acts or things hereinabove enumerated, the Chief of Police shall require a written applica- tion to be filed, giving sufficient information concerning, the subject matter thereof so as to permit such official to obtain a clear understanding of applicant's proposal, with such details as may be necessary for such officer to determine whether there is a clear and present danger of the thing, act, or operation covered by said application, adversely or detrimentally affecting the pub- lic health, morals, safety or general welfare or unduly or unneces- sarily disturbing the comfort or the peace and quiet of the com- munity, and if in his opinion, such clear and present danger does appear, then such application shall be denied; otherwise, it shall be granted, provided that no permit under the provisions of this ordinance shall be denied solely by reason of the identity of the applicant or the purpose of the activity or enterprise proposed if said purpose is lawful. SECTION 5. It is provided that any person aggrieved by any decision or determination of the Chief of Police may within fifteen (15) days from the day of said decision and determination appeal from said decision or determination to the City Council which shall hold a hearing on said appeal upon giving at least ten (10) days written notice to the appellant of the time and place of such hearing. The decision of the City Council on the subject of such appeal after such hearing shall be final and con- clusive. - 5 - SECTION 6. ABATEMENT: That if the nuisance complained of is not of such nature as requires summary abatement for the protection of the public health, safety, or morals, the person, firm, company or corporation charged with the responsibility of abating or eliminating said nuisance shall be allowed such rea- sonable time as may be required within which to abate the same, after notice given by any Department Head of the City of El Se- gundo of the existence of such nuisance, which notice shall be in substantially the following form: ORDER TO ABATE NUISANCE TO ADDRESS NOTICE IS HEREBY GIVEN that there exists on property which appears to be owned or controlled by you, cer- tain objectionable conditions in violation of Ordinance No. of the City of El Segundo and /or of Section of the fornia, as follows: Code of the State of Cali- This condition must be abated prior to and the following procedure is suggested: CITY OF EL SEGUNDO DATE By Department Head Receipt of the above notice is hereby acknowledged this day of , and I hereby agree to have the condition referred to corrected not later than Owner - Manager. If after the expiration of said date on which said abate- ment should have been completed, or such additional time as may be granted by the officer in charge, such orders for abatement - 6 - have not been complied with, then such officer shall issue an Order to Show Cause why complaint should not be issued for failure to comply with said order and for maintaining the nui- sance complained of, which Order to Show Cause shall be in sub- stantially the following form: ORDER TO SHOW CAUSE WHY NUISANCE SHOULD NOT BE ABATED You are hereby notified to appear at the office of the Department, located in the City of El Segundo, on at a.m., p.m., to show cause why complaint should not be filed against you, for failing to comply with an abatement order issued to you on , and for maintaining the nuisance complained of. Failure to appear at said time and place will con- stitute a violation of Ordinance No. and /or Sec- tion No. of the Code of the State of California, subjecting you to the penalties imposed thereby. City of El Segundo DATE By Department Head Receipt of the above notice hereby acknowledged this day of Owner - Manager SECTION 7. If after the expiration of the time al- lowed, after the hearing on said order to show cause, said nui- sance has not been abated, the City Council may order the necessary work to be done to correct the objectionable condition complained of, and the cost of such work, including material, labor and in- cidental expenses shall constitute a lien against the property on which said nuisance is located and the City Attorney shall pre- pare and record in the office of the County Recorder or other prop- er public office an instrument claiming such lien on behalf of the City of El Segundo, California, said lien to be foreclosed and the amount thereof collected in the same manner and under the same procedure as provided for the foreclosure of mortgages on real property under the provisions of the Code of Civil Procedure of the State of California. SECTION 8. Every person who fails to report to the health Officer, Department Head or other authorized official at the time and in the place stated in the above notices, shall be guilty of a misdemeanor and shall be punished as herein provided. SECTION 9. SUMMARY ABATEMENT: Nothing herein contained shall prohibit the Health Officer or Department Head from summari- ly abating a nuisance which, in his judgment, may immediately jeopardize the public health or safety, but in the event of the necessity of such summary abatement, said officers shall use the utmost caution to guard against any unnecessary damage to the per- son or to the property involved, and if circumstances permit, shall before proceeding with such abatement, endeavor to contact the owner of the premises involved either personally, in writing or by telephone or telegraph advising him of the intention to summarily abate said nuisance. The Department Heads of said City and their authorized representatives and assistants are hereby authorized to enter upon private property within said City for the purpose of summarily abating such nuisances. SECTION 10. That any person, firm, association or cor- poration violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction of any such vio- lation such person, firm, association or corporation shall be punishable by a fine of not more than $500.00 or by imprisonment - 8 - 3.()49 in the City Jail of the City of El Segundo, California, or in the County Jail of Los Angeles County, Cali�brnia, 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 durin -,- any portion of which, any of the pro- visions of this ordinance is violated and shall be punishable therefor as herein provided. SECTION 11. SEVERABILITY: If any provisions of this ordinance, or the application thereof, to any person or circum- stances is held invalid, the remainder of the ordinance, or the application of such provisions to other persons or circumstances, shall not be affected thereby. SECTION 12. That this ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 13. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this 14th day of July, 1954. ATTEST: Mayor of the City of.El Se ndo, Californ *a. City Clerk (SEAL) - 9 - r -- STATE OF CALIFORNIA, } COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. 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. 440, 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 14th day of July, 1954, and that the same was so passed and adopted by the follow- ing vote: AYES: Councilmen Gordon, Swanson and Mavor Selby: NOES: Councilmen None; ABSENT: Councilmen Baker and Frederick. WITNESS my hand and the official seal of said City this 14th day of July, 1954• (SEAL) City Clerk of the Ci y of E; Segundo, Califor ia. - 10 - ` )51 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 number of members of the City Council of the said City is five; that the forego- ing ordinance, being Ordinance No. 440 , is a full, true and correct original of Ordinance No. 440 of the said City of El Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, DEFINING NUISANCES, PROHIB- ITING THE SAME AND PROVIDING FOR THE ABATEMENT 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 14th day of July, 1954, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen Baker and Frederick. 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. 440 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 pub- lished therein on the following date, to wit: July 22nd, 1954 • City Clerk o t e Cit of El Segundo, Californ' . (SEAL) Affidavit of Publication SPATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss CITY OF EL SEGUNDO, ........ Julie. . J.. , _Jac.b$ ..... being first duly sworn, deposes and says: That he is, and at all of the time; hcreiaaf',er mentioned was, a c:.t:zen of the United States of America, over the age of eighteen years, and a resident - f - ha- County o` Los Angeles, State of California ; that he was, at, and during all of the ti -re of the p_tblica;ien cf th^ instrument hereunto attached the........ ... ............................... Editor ........ ..................... ............................... . Editor of EL SEGUNDO HERALD, a re;vsp p-r of general circ',.lation, published and circulated weekly in the City of El Segundo, in said C:;u-ity and Sate; that =aid newspaper has been so published and circulated at regular intcrvals of o_.2 week for more than one year immediately preceding the publication of the instrument hereu ^to ann•2xe t_iat said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation wi ,hin the meaning of Section 4480 of the Political Code of the State of California; that as provided by said saction, 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 n_w.3pzp_-r 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, cr for any n mber 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 )r 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...... numbered ............................................................................. ............................... 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... .....0.rd'.ndtice NO• 440 ................... ............................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least..OM .... week...., by ...... Qe A......... consecutive publication...., commencing on the ...Pr+Qi...day of ..... JaY ................ A. D. ....... and ending on the.... ........day of ......!Tay .................. A. D. 19. §4., and as often during said time as said newspaper was regu- larly issued, to-wit: ... ... .... ............ ..... ................. ............................... Ordinanee 80. 440 .......................am*. . . ......... ....... .................. ............................... ............ fib -Ilab d..om.. line ..............Tv1y. AW.,. 1R,5.4 . Subscribed swor to before me this..41 ?'3 Z day of .... .......... A. D. 1% 7- . 11"2� City clerk of the City of E1 Segun County of Los Angeles, State of C fornia. sy 5..� - �.'a ... ........ .. Deputy Citq Clerk of said City.