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HomeMy WebLinkAboutCC Ord 194 1935-10-31 ,.,0, '. ~~. -IZ() :r: 0-- m-t~ () Gl -1- =<IO!: (":' r- ~ Il '" 0 r "1 -f i1 ^' > ..... -." - ~ In Q Z> o r- "T1:r!() "T1" (je~ m~-< I 11 I . t' . ORDINA1<<:E NO. 194 :/ AN ORDUTANCE OF THE CITY OF SEAL BEACH, CALIFORNIA DEFINING PUBLIC NUISANCES, MAKING MAINTENANCE OF THE SAME UNLAWFUL, PROVIDING FOR THE ABATEMENT THEREOF AND PENALTIES FOR THE VIOLATION HEREOF AND REPEALING ORDI- NANCE NO.ll6 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. '/ I The City Councll of the City of Seal BeaCh, Calitornla, do ordain as follows: Section 1: A publio nulsance within the meaning of thls ordlnanee is deflned as aDJthing which Is lnjuries to health, or is indecent,or ottenslve to the senses, or an obstruction to the free use ot propert~ so as to Interfere wlth the comfortable enjoyment ot life or property by a neighborhood or by aDl considerable number ot persons In the City of Seal Beaoh. Seo.2: It Is hereby declared a public nuisance and unlawfUl for any person, as prinoipal, manager, agent or employee, to burn or char, or to aid or assist in the burning or charring ot, a~ kelp or other seaweed in the Clty ot Seal Beaoh, except in an enclosed lncinerator, enclosed fUrnace or other enclosed container. Sec.3: The burning,charrlng, tBeating or handling of kelp, fisk, oil,fertillzer, offal, sewage, rubbich, trash, refUse or aDJ other substance or material, or the contents ot any privy vault, cesspool or sink, In any manner that is prejudicial to health or oftensive to the sebses, so as to interfere with the comfortable enjoyment of life or property by a nelghborhood or by aDJ considerable number of persons In the City of Seal Beach, Is hereby declared to be a public nulsance. Sec.4: The operation or maintenanoe of any fUrnace, oven, drler, bleecher, evaporator, roaster or other heating, drylng, burning or charring devlce or apparatus, or any vat, storage yard, warehouse, shed or place where any raw or manufactured material or commodlty Is treated, dried, burned, charred or stored, from which noxious fumes or odors are ammitted whlch are prejudioial to health or otfensive to the senses, so as to Intertere with the comfortable enjoyment of life or property by a neighborhood or by aDl considerable number of persona in the City ot Seal Beach, is hereby deolared to be a public nulsance. Sec.5: It is hereby declared to be a public nulsance and un- lawfUl for aDl person as prinvipal, manager, agent or employee or otherwise, to throw, deposit, pipe,drain or otherwlse place, or cause to be thrown,deposlted,piped,drained or otherwlse plaoed, aDl deed anlmal, dead fowl, animal or vegetable matter, deed flsh, tish refUse, bu~cher's offal, bones, flesh, food, fruit, garbage, rdbbish, traab, dlrt, Bshes, cinders, broken glass, crockery, tins, soap suds, oil, asphaltum or distlllate, or aDl other substanoe or materlal whlch i~~_ or might be, injuries to the health or llfe of aDl person, in or upon any beach, or off any portlon ot any pier, PI' a~ part of the Paciflc Ocean, Alamitos Bay, or Anaheim Lending Bay, within the city limlts ot the City of Seal Beach. Sed.6: It Is hereby declared to be a publ:hc nuisance and unlawfU to scatter or permit to be scattered about any premises or on the sidewalks, streets or alleys adjaoent thereto a~ loose papers, rub- bish or trash or broken glass, nails, taoks, dlrt, or any substance or material which might cause iri3aries to persons or property using such streets, sidewalks,alleys, or public highways, or to deposit, plav.e, leave or scatter the remnants of any food or vegetables, em,ty containers, waste ~aper, wrapping material or any residue, waste or refUse whatsoever upon the beaches or near the Paciflo ocean, Alaml- tos Bay or Anaheim Lending Bay and upon private or public property In the City of Seal Beach, or to deposit or bury aDl waste, litter, Page 1. I ,I' . I . .. Ordinance ,Number . ' \ refuse, empty cans, glass or trash of any klnd whatsoever upon any property, pub11c or private within said city. Sec.7: All bulld1ngs, places and premises whatsoever In'the City of Seal Beach shall be placed and shall continuously be kept by the owner or occupant thereof in a clean and sanltary conditlon, and the Accumulation of rubbish, waste, litter, refuse or trash ot any k1nd or combustible material, by being placed, lett, dumped or permitted to aocumulate or remain 1n any building, plaoe or premises In the City of Seal Beaoh, 1s hereby declared to be a publlc nulsance. Sec.8: It Is hereby declared to be a public nulsanoe and un- lawful to cause or permlt any oil, waste oil, 011 refuse or 011 waste matter to be or remain on the surfaoe of the ground upon any street, or alley, sidewalk, private or publlc property ln sa1d C1ty of Seal Beaoh, except In an oil sump properly constructed to contain and re- strain such materials. Sec.9: It is hereby declared to be a publlc nuisance and unlaw- ful to erect, establlsh, conduct, operate or maintain or cause or permlt to be ereoted on, establlshed, conducted, operated or main- tained, any oil refinery, topping plant,cracklng plant or any other appratus designed to separate crude oil lnto its component parts, or any casing head, absorptlon or compression plant, or any other appara- tus designed to extract gasolibe or other volatile substance contalned in natural gas or to reflne any ot the products ot crude 011 withln the boundaries of that portion of the resldence and buslness distrlcts ot the City ot Seal Beach,lying South of California State Hlghway and as extended on East Second Street to Long Beach City Limlts and Easte~ ly of Main Street extended North from said State Highway. Sec.10: It 18 hereby deolared to be a public nuisance and unlawful, to keep, harbor or malntain any cow, cows or cattle,swlne,plgs,goats, sheep, or in excess of twemty rabblts or chlckens wlthin two hundred teet of any F~sidence wlthln said City of Seal BeaOh,and when any sucll anim~l_s,~are runnlng at large"or are not plcketed so that they cannot reach any street,sidewalk,6r highway In said Clty, it shall be the duty of the Chief of Police to impound such animal or anlmals and before they can be redeemed, the owner thereof or person in control, shall pay to said police otficer the cost ot teed1ng such animal or animals and a fee of ~1.00 each for impoundlng the same, and the owner thereof, or the person entitled to possession thereof, shall be deemed guilty of maintalning a public nuisance under this Srd1nanoe and sub- ject to the penalties hereinatter provided. Sec.ll: It 1s~lierebyddeClared a public nulsance and unlawful to harbor, keep or maintain any dog or dogs in said City whlch bark or distwrb any neighborhood, or for the owner or person in contr_l of any bitch or temale in season, to permlt such dog to run at large in said City. Sec.12: It shall be a public nuisance and unlawful tor any person to wilfully disturb the peace and quiet of any nelghborhood or person ln said City by lmud or unusual noises or offensive conduct or threat- en1ng or challenging to fight, tighting or using vulgar, profane or Indecent language and carrylng concealed or otherwise ~ithput author- ity any pistol,revolver,or fi~arms, or to tire any p!stel,revolver shot gun, or fire arms wlthin the City of Seal Beach. Sec.13: It shall be a public nuisanoe and unlawful for any person or persons to injure, deface, mark or destroy any public bullding, public toilet, water f~et or wBter hydrant,benches,seats,electrlc lights,ornamental l1ght standarda,trafflc signals,signs,llghts,posts, or baracades,wlring or poles,or any other public property or private property of another person in said Clty of Seal Beach. Sec.14: It shall be a public nuisance and unlawful to keep, store, Page 2. I -I 1 . / '. . Ordinance, NuffiQer . " or possess any nitro-glycerine, dynamite or other high explosive sub- stances willhin two thousand feet of any residence or any other build- Ing In said City ot Seal Beach, exoept where the use ot a hlgh explos6 ive is necessary tor Industrial purposes, the same may be used b~ a oompetent man accustomed to handllng the same and receivlng a permit from~ell the Chief of PcUice, but at no time shall it be handled In quantities greater than ten pound lots. Sec.15: It shall be a publlc nulsance and unlawful tor any per- , son or persona to appear om any street or sidewalk or in any publlo place or prlvate property wlth1n said City ot Seal Beach in an lntoxi- cated conditlon or under the influence ot Intoxivants. J Sec.16: It Is hereby deolared to be a nuisance and unlawful to Srect, retaln or maintaln aUf Insecure or unsate bullding walls, chimneys,stacks, or other structures,or any unslghtly or partially destroyed buildings or structures, through lack of repairs,damsge or destruction or partlal destructlon by fire, earthquake or otherwise, or any detective and dangerous wirlng or other structures used tor lightlng,power or heat or other purposes, and provision is herein- after made for the abatement,destructlon and removal thereof. .1'" .. , Sec.17: It is hereby deciared to be a nuisance and unlawful for any person or pe~sons, as deflned in this ordlnance, to obstruct the use ot streets,alleys,sldewa~s,public ways,plaoes or bui~dings in said City ot Seal Beach by any fence, posts, barrier or other wlse, or by any acts or,'conduct whichlJlroMce loud or unusual nolses or dis- turbances to suoh an exbant as to cause ma~erlal discomfort,annoyance or injury to the health,peaoe or quiet or property of persons in said City. Sec.18: It Is herjQy declared to be a ,nuisance and unlawful to ercet,malntain Qr con&truct any buildings, fenoes or other structures, ln wholp or,~n part,on or upon any sidewalk,alley,street,lane,court, park o~'other public plaoes,which encroach upon or. obstruct in any manner the free and open use thereof. Sec.19: Every person,flrm or corporation, whether as principal, agent, employee or otherwlse who maintains, permits or allows a public nulsance a~ deflned bi Sec~~ons 1,2,3,4,5,6,7,8,9,16 and 18 of thls Ordinance, to exist upon any property or premises owned or controlled by such person in the City ot Seal BeSCh, after reasobable notice in writing from the Street Superintendent of said Clty to remove, dis- continue or abte the sam~ has been served upon such person, is guilty of a misdemeanor, B nd shall be punlshed as In this Ordinance provided; and the existence of such public nuisance for eaoh and every day after the explration of the time fixed in the ~otice so served upon such person. shall be deemed a separate and distinct otf'ense, a,nd every per son gullty ot violating this Ordinance shall be subject to continuous prosecutions until such public nuisance is abated and removed. Sec.20: Upon the fBiluBB of any person, whether as principal, manager, agent or employee, or the pwner,lessee or occupant of any bUilding,gDOUDda or lots, to remove dirt,rubbish,weeds,rank growths, ~~~e__~uildlng, walls,chimneys,stacks,or other structures,or any un- s1ghtJ,y"_ o~ partially destroyed buildings or structures,defentive and dangerous wirlng,or other structures used for lighting, power or heat or other purposes,or anything else herein declared to be a nuisance, after such Notice as may be prescribed by the City Council ot said City,sald Clty Councll may authorise said Street Superlntendent and assistants of said Clty to remove,abste er destroy the same at the ex- pense of such owner, lessee or occupant and such City Council may pre- scribe the procedure and make the expense of the removal,abatement ant destructlon thereot H lien upon such buill1ng,structure and real prop- erty upon which the same are situated. Sec. 21: Every person, firm or corporatlon, whether as principal, manager, agent, employee or otherwise, violating any of the provislons ot this Ordinance shall be deemed guilty of a mlsdemeanor and upon Page 3. I ~ ~I I .. Ordinance Numbe,r . .' . . 50nviction thereof shall be punished by a flne not to exceed Three Hundred Dollarsl~300.00J or by imprlsonment in the City or County jail for not more than ninety(90)dsys, or by both such fine and imprisonment. Sec.~: !he City Clerk shall cause this Ordinance to be published onoe in the "Seal Beach Post &: Wave", a newspaper prlnted,publlshed and generally circulated in the City of Seal Besch,Calitornia, and it shall thereuppn take effect. Passed,Adopted and Approved thls 3/~y of ~ I;;;:i;A, 1935. (SEAL) ~ lliayor . _ n~' tho _no o' ..0 ,0.11''''''''', Attest:.~~~~,~ eyer . " I! ~ Page 4.