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ORDINANCE 514ORDINANCE NO. 514 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALI- FORNIA, PROHIBITING THE POSSESSION OF MARBLE OR PIN BALL GAMES AND OTHER SIMILAR DEVICES, DECLARING SUCH DEVICES AND EQUIPMENT TO BE A NUISANCE; PROVIDING FOR THE ABATEMENT THEREOF, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. For the purpose of this ordinance, the follow- ing terms are defined as follows: The term "marble game" or "pin ball game" shall mean and include any game or device in which marbles, balls, pellets or other moving objects are propelled, released or rolled, with the aid of a mechanical plunger or other affixed mechanical device, in such manner as to result in a score, tally, points, or other indication of relative success in the operation and playing of such marble game, whether the same be indicated by or may be computed by means of numbers, letters, lights, colors, or in any manner what- soever. The term "marble game" or "pin ball game" shall also mean and include any game or device in which marbles, balls, pel- lets or other moving objects are propelled, released or rolled with the aid of a mechanical plunger or other affixed mechanical device. SECTION 2. No person, firm or corporation shall keep, maintain or have in his or its possession, or under his or its control in any place of business or in any place of public resort, either as owner or lessee, agent, employee, mortgagee, or other- wise, any marble game or pin ball game, the use, operation or play - 1 - _J 3.399 of which is controlled permitted or made available by placing therein any coin, plug, disc, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor or upon the making of any purchase; provided that the provisions of this section shall not apply to the keeping, pos- sessing or exhibiting of any such game or machine at or in any store or place in which such games or machines are kept solely for sale or storage when members of the public are not permitted or allowed to operate, manupulate or play such games or machines, ex- cept as incident to a demonstration for the purpose of sale. SECTION 3. Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article oper- ated, used, kept, possessed, placed or maintained in violation of the provisions of: (a) Section 330a of the Penal Code of the State of Cali- fornia; or (b) Any section enumerated in Part I, Title 9, Chapter 9 of the Penal Code of the State of California; or (c) Section 2 of this ordinance is hereby declared to be a nuisance and shall be subject to abatement. SECTION 4. Any article declared by Section 3 hereof to be a nuisance, as a result of the operation, use, keeping, posses- sion, placing or maintaining of which any person, firm or corpora- tion has been convicted of or has pleaded guilty to any violation of any law of this state or of any ordinance of this city, shall be destroyed by the Chief of Police, after such plea or after judg- ment of conviction becomes final. The contents of such machine shall be destroyed, or if money, shall be deposited in the general fund of the Treasury of the City of E1 Segundo. If said articles subject to destriction as herein provided are in the custody of the Municipal Court of the Inglewood Judicial District, the Chief of Police shall cause to be made an application - 2 - 3600 to the Judge of said Court for an order releasing said articles to him for the purpose of complying with this section; provided, however, that this section shall not limit the power of the Chief of Police to abate such articles as public nuisances. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars 0500.00), or by im- prisonment in the City Jail of the City of E1 Segundo or the County Jail of the County of Los Angeles for a period of not more than six months (6) months, or by both such fine and imprisonment. SECTION 6. If any section, sentence, clause or phrase of this ordinance be for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions thereof shall not be affected thereby, it being the intent of the City Council of the City of E1 Segundo in enacting this ordinance that no por- tion or provision thereof shall become inoperative by reason of the unconstitutionality or invalidity of any other portion or pro- vision. SECTION %. 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 8. 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 El Segundo Herald, a weekly newspaper - 3 - 3601 of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this 13th day of January , 1958. Mayor o t e City'., Segundo, Calif or Att t: City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) I, Eunice U. Creason, City Clerk of the City of El 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. 514 , 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 said Council held on the 13th day of J nuar _, 1958, and that the same was so passed and adopted by the following vote: AYES: Councilmen Bakers Frederick, Gordon, and Mayor Benfield NOES: Councilmen None ABSENT: Councilman Meschuk WITNESS my hand and the official seal of said City this 14th day of January , 1958. (SEAL) - 4 - 7�. City Clerk of the City of E1 Segundo, California 3G() STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, _.Eunice.A._..Creason___ ______ ______________ 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..5.14.......... is a full, true and correct original of Ordinance No._514 ...............of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROHIBITING THE POSSESSION OF MARBLE OR PIN BALL GAMES AND OTHER SIMILAR DEVICES, DECLARING SUCH DEVICES AND EQUIPMENT TO BE A NUISANCE; PROVIDING FOR THE ABATEMENT THEREOF, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. which 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 .... 3_th ----- day of____ January________ _ _ _ __ 195$_, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Frederick1 Gordon and Mayor__ Benfield NOES: Councilmen ... None------------------------------------------------------- - - - - -- ------------- - - - - -- ABSENT: Councilman Meschuk --------------- 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._514 ----- 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 pub- lished therein on the following date, to wit_ _____ _ _______ __- ___Ae "... /?SFi.._..____. City Clerk of the City of El Segundo, California. By-------------------------------------------------------------- (SEAL) Deputy. Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss CITY OF EL SEGUNDO, ...MarlOY1. N ewcomb .......................... .....being first duly sworn, deposes and says: Thar, S3he 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 ; thatS' he was, at, and during all of the time of the publicati on of the instrument hereunto attached the....... . ... pT i.ACIRa3' . .qIarX ........................ ..................... ............................... . Hof 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 refgrred 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...... 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.. QrdiC1ance...Wa *.. 514 ............................ ............................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ..........week... by ............. .consecutive publication...., commencing on the ..16th.day of ......JS f�'Y........... A. D,1958 and ending on the....... 1 1t!- ....day of ............... j$=ArY .... A. D. 19.58.., and as often during said time as said newspaper was regu- larlyissued, to-wit: ........ ............ ................................... ............................... ...................... 444§x1 .................................. ............................... . ....................: J!.lffr/uQni .................... Subscribed nd sworn to before me this... ,IZ4, ...... day of .. .. ....... A. D. 19.S:.d �.�.t�? .l • City clerk of the City of E1 Segundo, County of Los Angeles, State of California. By .................................................. .... ... ........................ Deputy City Clerk of said City.