ORDINANCE 1184ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ELSEGUNDO, CALIFORNIA, REGARDING THE REGULATION
OF DUST AND PARTICULATE MATTER
WHEREAS, the City Council of the City of El Segundo desires to protect the
inhabitants of the City against excessive dust and particulate matter, which is injurious to
health and detrimental to public safety and welfare, produced by any person, machine
or process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.07 is added to Title 9 of the El Segundo Municipal Code
to read as follows:
"CHAPTER 9.07 DUST AND PARTICULATE MATTER REGULATIONS
9.07.10 DECLARATION OF POLICY. It is hereby declared to be the policy of
the City to prohibit unnecessary and excessive emission of dust and particulate
matters from all sources subject to its police power. Therefore, the City
Council does ordain and declare that creating, maintaining, causing or allowing
to be created, maintained, or caused, any emissions of dust or particulate
matter in a manner prohibited by or not in conformity with the provisions of this
Chapter, is a public nuisance and shall be punished as such.
9.06.020 SPECIFIC PROHIBITIONS. (a) A person, firm, corporation or
other entity shall not create, maintain or cause or allow to be created,
maintained or caused, the emissions of dust or particulate matter from
any transport, handling, construction, demolition, excavation, grading,
clearing of land, or storage activity so that the presence of such dust or
particulate matter remains visible in the atmosphere beyond the property
line of the emission source.
(b) A person or entity shall not be found in violation of subsection (a) if
that person or entity has taken every reasonable precaution to minimize
the dust or particulate matter emissions resulting from its activity.
Reasonable precautions include but are not limited to the following: site
watering; soil binders; street sweeping; organic control erosion mats;
covering loose soil; sloping and bracing excavation sites to minimize
erosion; and establishing ground cover.
9.06.030 EXCEPTIONS. The City Council reserves the right to exempt
certain activities which require a city permit from the regulations under
this chapter. The exemption under this section must appear on the
permit.
9.06.040 ENFORCEMENT.
(a) The City Manager, or his designee, is directed to enforce the
provisions of this chapter.
(b) No person shall interfere with, oppose or resist any authorized
person charged with the enforcement of this chapter while such person
is engaged in the performance of his duty.
JOA:Dsk:O- DustCM
9.07.050 PENALTY FOR VIOLATION. Any person, firm, corporation or
other entity violating any of the provisions of this Chapter shall be guilty
of a misdemeanor and upon conviction thereof shall be punishable by a
fine of not more than $500.00 or by imprisonment in the city jail of the
City of El Segundo or the county jail of the County of Los Angeles for a
period of not more than six months, or by both such fine and
imprisonment."
SECTION 2. 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 cause it to be
published in the manner required by law.
ATTEST:
PASSED, APPROVED AND ADOPTED this 1st day.9f Sep mber, 1992.
C E (Seal)
APPROVED AS TO FORM:
CITY A RNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do
hereby certify that the foregoing Ordinance No. 1184 was regularly introduced and
placed upon its first reading at a regular meeting of the City Council on the 25th day
of August, 1992. That thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 1st day of September, 1992, by the
following vote, to wit:
AYES: Mayor Jacobson and Councilmembers Robbins, Switz, and West.
NOES: None
ABSENT: Mayor ProTem Wise
CI R (Seal)
2 JOA: Dsk:O -Dust CM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, 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. 1184 is a full, true correct original
of ORDINANCE NO. 1184 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, REGARDING THE REGULATION OF DUST AND PARTICULATE
MATTER.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 1ST DAY OF SEPTEMBER, 1992, and the same was so
passed and adopted by the following vote:
AYES: Mayor Jacobson and Councilmembers Robbins, Switz, and
West.
NOES: None
ABSENT: Mayor ProTem Wise
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. 1184,
as duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein.
INDY T N
City Clerk of the
City of El Segundo, California
(SEAL)