HomeMy WebLinkAboutOrdinance No. 180ORDINANCE NO.—IS-0
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA
PROVIDING FOR LICENSING AND REGULATING THE CARRYING ON OF CERTAIN
BUSINESSES, TRADES, CALLINGS AND OCCUPATIONS CARRIED Old WITHIN
THE LIMITS OF•SAID CITY OF AZUSA, AND REPEALING ORDINANCES NUMBER
�t _J_ Z�, - Z r O AND /�, �j p , AND REPEALING ALL OTHER
ORDINANCES, AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
The Board of Trustees of the City of Azusa do ordain as fol-
lows:
SECTION 1. It shall be unlawful for any person, whether as
principal or agent, clerk or employee, either for himself or for
any other person, or for any body corporate, or as an officer of
any corporation, or otherwise, to commence or carry on within the
corporate limits of the said City of Azusa, any business, trade,
calling or occupation, in this ordinance specified, without first
having procured a license from said City of Azusa so to do, and
each and every day or fractional part of a day that said business,
calling, profession or occupation, in this ordinance specified, is
conducted or carried on without such license shall constitute a
separate violation of this ordinance, and any person who shall for
himself or for any other person or persons, or for any body cor-
porate, or otherwise, commence or carry on any business, trade,
calling or profession aforesaid without first having procured such
a license shall for each violation of this ordinance be deemed
guilty of a misdemeanor, and upon conviction by any court having
jurisdiction thereof, shall
be fined therefor in
a sum
not
exceed-
ing three hundred dollars,
or be imprisoned for
a term
not
exceed-
ing three months, or shall suffer both such fine and imprisonment,
S in the discretion of the court, and the amount of such license shall
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be deemed a debt due to -said City of Azusa, and such persons shall
be liable to an action in the name of the City of Azusa, in any
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court of -competent jurisdiction, for the amount of the license
imposed on such business, trade, calling or occupation, as he
shall be engaged in, with costs of suit.
Providing, however, that from and after the passage of
this ordinance, no license tax or fee whatsoever shall be re-
quired of any honorably discharged soldier, sailor, or marine of
the United States or confederate states, who has served in the
Civil War, any Indian war, the Spanish-American War, any Phili-
ppine insurrection, or in the Chinese Relief Expedition, who is
physically unable to obtain a livlihood by manual labor and who
shall be a qualified elector of the State of California, who
may make application for a license to hawk, peddle or vend in
goods, wares and merchandise not prohibited by law, or for the
driving or operation of any automobile, public carriage, hack,
or other public vehicle used for the purpose of carrying baggage,
freight or passengers for hire, by and for himself only, and
such license or application for license shall be granted free of
cost to any of the persons last hereinabove mentioned, upon pre-
sentation of his certificate of discharge and proof of his iden-
tity, to the officer issuing the same, provided, however, that
nothing herein contained shall be construed to do away with the
necessity of obtaining a license in any case whatsoever, and pro-
vided further, that no license shall be collected, or any penalty
for the non-payment thereof enforced against any commercial trav-
eller whose business is limited to the goods, wares and merchan-
dise sold or dealt in in the State of California at wholesale.
SECTION 2. It shall be the duty of the City Clerk to pre -
care and issue a license under this ordinance, for the person,
firm or corporation liable to pay a license hereunder, duly signed
by the said City Clerk, and to state in such license the amount
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thereof, the period of time for which the same shall run, the
name of the person, firm or corporation for whom issued, and
the business, trade, calling or occupation for which the same
is issued, and the location, or place of business where such
business, trade, calling or occupation is to be carried on,
and for that purpose the said City Clerk may confer with per-
sons in interest, and may require any person to file his af-
fidavit as to the character of such business.
In no case shall any mistake by the said City Clerk in
stating the amount or terms of such license, or the time for
which the same is to run, prevent or prejudice the collection
by the City if it shall be actually due with all costs from
anyone carrying on a business, trade, calling or occupation,
the license provided for by this ordinance.
Said City Clerk shall deliver such license to the City
Marshal or License Collector for collection, taking his receipt
for the same, and the said City Clerk shall report to the Board
of Trustees at its first regular meeting in each month, the
amount of such licenses so delivered to the City Marshall or
License Collector during
the previous month.
Said
City Marshal
or the License Collector
shall proceed at once
to
collect the
asme, and shall on or before the first Monday of each month,
deliver to the said City Clerk a complete list of all licenses
collected by him for the previous month, and, also, a list of
all persons who he believes not to be on the license list and
who should be charged with the payment of a license; and he
shall pay over to the City Treasurer the amount of all licenses
collected by him during the preceding month, and shall take
duplicate receipts of the City Treasurer for same, one of which
he shall file with the City Clerk, and shall report the amount
of the delinquencies to the City Board of Trustees at its first
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regular meeting in each month.
No license for any of the businesses, trades, callings
or occupations carried on by any person delinquent for the pay-
ment of any license fee hereunder shall be issued to such per-
son, either directly or indirectly, until the payment of all
license fees due.from such person, together with all costs.
The Board of Trustees may require the City Attorney for
said City to bring actions for the recovery of said license fees
as in this ordinance provided.
Nothing in this section contained shall prevent the
criminal prosecution as provided in Section 1 hereof, for any
violation of this ordinance.
SECTION 3. A separate license must be obtained for
each branch establishment or separate place of business in which
the business, trade, calling or occupation is carried on, and
each license shall authorize the party obtaining it to carry on,
pursue, or conduct only that business, trade, calling or occupa-
tion described in such license, and only at the location or
place of business which is indicated therein. ,
All licenses shall be paid in advance in legal currency
of the United States at the office of the said City Marshal or
License Collector.
The monthly licenses in this ordinance provided shall
be due and payable to the said City on the first calendar day
of each month in advance, from all persons who have for the
previous month been licensed to carry on any such business, trade,
calling or occupation; and from all persons who have not been
licensed for the previous month for the same business, trade,
calling or occupation, and the license shall be due and payable
and must be procured of such persons before commencing to carry
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on such business, trade, calling or occupation, and shall ex-
tend to the last day of the month for which said license shall
have been obtained.
The annual licenses in this ordinance provided, shall
be due and payable to said City on the first day of January of
each year, and the same annual licenses herein provided on the
first day of January and the first day of July of each year,
and the first license for such year or half year may be issued
for the unexpired portion of the current year or half year, and
the rate to be charged for the same shall be proportioned ac-
cordingly.
All licenses, unless otherwise expressly stated herein,
shall be construed to be quarterly licenses, and shall be payable
upon the first day of January, April, July and October of each
year, and all such licenses shall expire with the last days of
Varch, June, September and December of each year. Quarterly
licenses may be issued for the unexpired quarter at the same
ratio as -the unexpired time bears to the unearned portion of
such license, provided, however, that no quarterly licenses shall
be issued for less than one month's time. The daily licenses in
this ordinance provided shall be payable to the City each day in
advance, and shall be valid only for the day for which such li-
cense is issued.
No greater or lesser amount of money shall be charged
or received for any license so issued than is provided in this
ordinance, and no.license shall be secured or issued for any
period of time other than as provided in this ordinance.
SECTION 4. Every person, firm or corporation having a
license under the provisions of this ordinance, and carrying on
a business, trade, calling or occupation at.a particular place
of business, shall keep such license posted and exhibited, while
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in force, in some conspicuous part of said place of business.
Every peddler of goods, wares and merchandise, or any person
driving or having control of any vehicle, wagon or automobile,
licenses under this ordinance, is required to carry his license
in a "license holder" on the riehthand side of such vehicle,
wagon or automobile, or to attach a paper tag or plate to said
right-hand side of such vehicle, wagon or automobile, as desig-
nated and furnished by the City Clerk.
All persons, firms or corporations having a license
shall produce or exhibit the same when applying for a renewal
and whenever requested to do so by any police officer or by any
officer authorized to issue, inspect or collect licenses.
SECTION 5• The City Marshal or license collector, and
any deputy thereof, shall have and exercise the power of
let: To make arrests for the violation of any of the
provisions of this ordinance.
2nd: To enter free of charge, at any time, any place
of business for which a license is required and provided, and
to demand the exhibition of such license for the current term,
from any person, firm or corporation engaged or employed in the
transaction of such business. If such person, firm or corpora-
tion shall then and there fail to exhibit such license, such
person, firm or corporation shall be liable to the penalty pro-
vided in Section 1 of this ordinance.
It is hereby made the duty of the City Marshal or li-
cense collector, and any deputy thereof, to cause complaints
to be filed against all persons, firms or corporations violat-
ing any of the provisions of this ordinance.
SECTION 6. Whenever the receipts of any exhibition,
concert, lecture or entertainment is to be, or will be appro-
priated to any church or school, or to any religious or benev-
olent purpose, within the City of Azusa, there shall be no
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license charge to the person or persons about to conduct the
same.
SECTION 7. The conviction and punishment of any per-
son for prosecuting any business, trade, calling or occupation
without a license shall not excuse or exempt such person from
the payment of any license due or unpaid at the time of such
conviction. Nothing contained herein shall prevent a criminal
prosecution for any violation of the provisions of this ordinance.
SECTION 8. No license granted under any of the pro-
visions of this ordinance shall be assignable or transferable,
and no person who surrenders a license shall be entitled to any
refund on the amount thereof.
SECTION 9. No person shall be required to procure a
license to sell the products of a farm when such products are
raised by himself.
SECTION 10. When the word "person", or -the word "per-
sons" is used in this ordinance, referring to those liable to
pay license or tax, the same are, and each is, intended and shall
be construed to mean and include every person, firm, association
or corporation conducting or carrying on the business, trade,
calling or occupation for which such license must be procured.
SECTION 11. The rates of licenses for the businesses,
trades, callings and occupations hereinafter named, shall be, and
the same are hereby fixed and established for and within the City
of Azusa according the following schedule, and the same shall be
paid by all persons, firms or corporations engaged in such busi-
nesses, trades, callings or occupations as hereinafter specified.
SECTION 12. For every foot peddler of goods, waree or
merchandise, not otherwise specifically provided for hereinafter,
the sum of three dollars 03.00) per day.
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SECTION 13. For every peddler of goods, wares or merchan-
dies, not otherwise specifically provided for, using a wheeled
vehicle, the sum of six dollars ($6.00) per day for each vehicle.
SECTION 14. For every peddler of fruits, vegetables or
poultry not grown, produced or raised by himself, or of candies,
confections, ice cream, tamales peanuts, popcorn, or food art-
icles of any description, the sum of % �" dollars ( ) per
quar ter .
SECTION 15. For every peddler of fish, having a regular-
ly established place of business or market within said City of
.
Azusa, the sum of ftWv.Q dollars ( —) per quarter, and for
every peddler of fish not having a regularly established.place of
business or market within the said City of Azusa, the sum of V
dollars (s 5 ") per quarter.
SECTION 16. For every person, firm or corporation, selling
or contracting to sell articles of apparel, dry goods, fancy goods,
notions, jewelry, cutlery, harness, pianos, organs, machinery of
all kinds, hardware, tinware for mill products, to persons not
regularly engaged in carrying on such Mines of business, whether
by sample -or otherwise, the sum of- �ollaxe ($ IS` per
quarter, provided they shall not apply to persons having regularly
established places of business in said City of Azusa, taking orders
,for or selling goods handled by them in their respective businesses.
SECTION 17. For every person, firm or corporation engaged
in or carrying on the business, calling or occupation of peddling
medicine and using music or oth r device to attract croude, the sum $
of "' �- dollars°YS
UUU ( ) per annum.
SECTION 18. For every person, firm or corporation engaged
in or carrying on th business, calling or occupation of peddling
medicine, the sum dollars 4 _ per annum.
SECTION 19. For every person, firm or corporation manag-
ing or carrying on the business of selling or distributing any
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carbonated water, water or drinks, and not having a regularly
i established place of business in the said City of Azusa, the
sum of three dollars• (,$3.00) per quarter.
SECTION 20. For every person, firm or corporation
conducting, managing or carrying on the business of selling or
distributing ice dream, butter, dairy products, or cigars, and
not having a regularly established.place of business in the City
Of Azusa, the sum of threw dollars (,$3.00) per quarter.
SECTION Sl.. For every person, firm or corporation
conducting, managing or carrying on the business of buying,
selling or delivering in second-hand articles of clothing,.
household furnitura or merchandise, of any kind or nature what-
soever, or engaged in the business of collecting-, purchasing,,
selling or dealing in junk or rubbish, and not. having a regular-
ly established, place of business in the said City of Azusa, the
sum of f if teen. dollars ($15.00) per. quarter.
SECTION 22. For every person, firm or corporation en-
gaged in or carrying -on the business• of soliciting for any paint-
ing., picturas, portraits, or orders for retouching or changing
the same, or orders for advertising, or. orders for the sale of
goods, wares. or merchandise, for which a license is not herein
otherwise specifically provided for, when not. in conjunction with.
th.e.carrying on of any regularly established store or other place
of business in said City o£ Azusa, the sum of three= dollars (63.00)
per day.
SECTION 23. -For every person, firm or corporation con-
ducting or carrying on any theatre, concert hall, moving picture
s show, or other place of amusement, entertainment or exhibition,
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the sum of thres dollars ($3.00) per quarter.
f SECTION 24�. For every person, firm or corporation
conducting, managing or carrying on a bowling alley, the sum of
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sig dollars 06.00) per quarter for each alley, whether the same
is in use or not, and for every person, firm or corporation
conducting, managing or carrying on a.box brall_aney or a ten
pinnet alley, the sum of three dollars (03.00) per quarter for
each.all.ey, whether the same is in use or not.
SECTION 25. For every person who carries on, practices
or professes to practice the business of art of astrology, palm-
istry, phrenology, life -reading, fortune-telling, cartomancy,
clairvoyance, clairaudience, crystal -gazing, hypnotism, medium -
ship, prophecy, augury, divination, magic or necromancy, and
who demgncls or receives a fee for the practice, exercise or ex-
hibition of his art therein, or who gives an exhibition thereof
at any place where an admission fee is charged, the sum of
twenty dollars ($20.00) per day.
SECTION 26'. For every person, firm or corporation
engaged in the business, of running a tank wagon, or other wagon
for hauling, peddling. or. delivering crudes oil, petroleum, dis-
tillate, kerosene, gasoline, refined oil, or any of the products
of an oilwell in tanks, steel drums or five gallon cans, where
such wagon is equipped with racks for holding such five gallon
cans, and having- a regularly established place of business in the
City of. Azusa, the sum of one dollar- (.6d1.00) per quarter.for each
such tank wagon-, or other. wagon so run, and for. every person, firm
or corporation engaged -in the business of running a.t.ank wagon, or
Other wagon for hauling, peddling or delivering crude oil, petroleum,
distillat.e, kerosene, gasoline, refined oil, or any of the products
of an oil well in tanks, steel drums or five gallon cans, where
such wagon is equipped with racks for holding such five gallon
s
cans, and not having a regularly established place of business in
` the City of Axasa, the sum of five dollars. ($5.00) per. quarter for.
' each such tank wagon or other wagon so run.
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s
SECTION 27. For every person, firm or corporation
conducting, managing or carrying on. the business of dyeing,
cleaning and pressing clothes, and having a regularly established.
place of business in said City of Lzusa, the sum of one dollar
($1.00) per quarter.
For every person,, firm or corporation conducting,
managing or carrying on the business of dyeing, cleaning and
pressing clothes, and. not having a regularly established place
of business in said City of Azusa, the sum. of fifteen dollars
($15.00) per quarter.
SECTION 28. Por -every artist, agent or canvasser
selling, peddling or, advertising any book: or sets of books,
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magazines or other literature,. the sum of ona dollar ($1.00) per
day.
SECTION 29. For every person, firm or corporation
conducting, managing or carrying on or exhibiting a circus or
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a trained animal show not exhibited as part of the circus, the
sum of. threw dollars. ($3.00) per day.
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SECTION 30. For every person, firm or corporation
f engaged.in or carrying on the business of plumbing or gas -
E fitting, and having a regularly established place of business- in
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the City of Azusa, the sum of one dollar ($1.00) per month.
For every person, firm or corporation engaged in or
carrying on the business of plumbing or gas fitting, and not
having a regularly established place of business in the City of
Azusa, the sum of three dollars ($3.00) per. month.
. SECTION, 31. For every person, firm or corporation
conducting, managing or carrying on the business of electric
wiring, and having a regularly established.place of business.
within the City of Azusa, the sum.of one dollar ($1.00) per quarter,
and for every person, firm or corporation engaged in or carrying
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on the business of electric,wiringin. the City of Azusa and not
having a regularly established place of business in said City,
the sum of three dollars. (03.00) per quarter.
SECTION 32. For every person, firm or corporation having
a regularly established place of business in. the City of Azusa,
operating any cart, dray, wagon, automobile or other vehicle for
the transportation of freight, goods, gravel, sand or other-
materials
thermaterials for hire, shall pay a.quarterly license for each. cart,
dray, wagon, automobile or other vehicle• in accordance with the
following schedule: For each automobile truck.not to excee&
two tons capacity, three dollars. ($3.00); for each automobile truck
exceeding -two tons capacity and not. exceeding four tons capacity,
four dollars_ (04.00); for each automobile truck.ex.ceeding four. tons
capacity, sig dollars ($6.00); for each team, cart, dray or other
vehicle, three. dollars (03.00).
SECTION 33'. For every person, firm or corporation not
having a regularly established place of business in the City of
Azusa, operating any cart, dray, wagon, automobile or other vehicle
for the transportation of freight, goods, gravel, sand or other
materials for hire, shall pay a quarterly license for each cart,
dray, wagon; automobile or other vehicle: in accordance with the
following schedule: For each automobile truck not to exceed two
tons capacity, six dollars (X6.00); for each automobile truck
exceeding two tons capacity and not exceeding four tons capacity,
nine dollars ($9.00); for each automobile truck exceeding four tons
capacity, twelve dollars ($12.00); for each.team, cart, dray or
other vehicle, three dollars (03.00).
SECTION 34.. For every person, firm or corporation
conducting, managing or carrying on the business of selling upon
the public streat, or upon any public place, flags, banners,
canes, horns, trumpets, musical -or noise making instruments of
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any kind, toys., buttons, badges, or souvenirs of any kind, the
sum of two,dollars (02.00) per day.
SECTION 35. For every person, firm or corporation
conducting or carrying on thebusiness of wood, coal or feed
yard, and having a regularly established place. of business in.
the City of Azusa, the sum of three dollars- (.3.00) per quarter.
For every person, firm or corporation conducting or.
carrying on the business of wood, coal or feed yard, and not.
having a -regularly established place of business within the
City of Azusa, the sum of fifteen dollars (.15.00)per quarter.
SECTION 36. For every person, firm or corporation
having a regularly established bakery within the limits of the
City of Azusa, conducting, managing or carrying on the business
of selling bread from wagons at. retail or wholesale from wagons,
the sum of ten dollars (410.00) per year for each.wagon.
For every person, firm or corporation not having a
regularly established bakery within the limits of the City of
Azusa, conducting, managing or carrying on the business of selling
bread at wholesale or retail from a wagon, the sum of ten dollars
(0.10.00) pet quarter for each.wagon.
SECTION 37. For every person, firm or corporation
conducting, managing or carrying on a steam laundry within the
limits of the City of Azusa, the sum of one dollar (.1.00) per month.
SECTION 36. For every person, firm or corporation
not maintaining or conducting a regularly established place of
business in said City of Azusa, soliciting, collecting and de-
livering or receiving and delivering laundry work., the sum of
ten dollars (010.00) per -month. For the purpose of this
ordinance, the terms "a regularly established place of business,"
as used in this section, is hereby defined to be a place where
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clothes are washed or ironed, or are both washed and ironed
for compensation, and where power is used to operate machinery
in connection with the washing or ironing of such clothes.
SECTION 39. For every person, firm or corporation
conducting or carrying on the business of crushing rock with
machinery within the corporate limits of the city of Azusa,
the sum of Twelve Dollars ($12.00) per year.
SECTION 40. Nothing in this ordinance shall be
construed as imposing a license or tax or otherwise regulating
or restricting foreign or interstate commerce, and any
business or portion thereof which is embraced in the term
"interstate commerce" or in the term "foreign commerce," is
not made subject to the license imposed by this ordinance.
SECTION 41. All licenses issued under this ordinance
or any sectin thereof, are granted and accepted by all
parties receiving licenses with the express understanding that
the Board of Trustees of said City may revoke the same at any
time by amending this ordinance or any portion thereof, or if
satisfied that any condition of the license or terms of this
ordinance have been violated, or that the license was obtained
by fraudulent representation, or that the holder of any such
license is an unfit person to be trusted with the privileges
granted by such license; provided, however, that no license
shall be revoked without first giving the holder thereof an
opportunity to appear before the Board of Trustees in his own
behalf by notification in writing to the holder of such
license giving and fixing the time and place of such hearing.
Upon the revocation of the license, no part of the money in
the hands of the City shall be returned and all such license
fees shall be forfeited to the City. When the license of any
such person is revoked, in no case shall another license be
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granted to the same person within six months of the date of
such revocation.
SECTION 42. That no license shall be issued for
any rock crusher or any billiard hall, pool room, skating rink,
shooting gallery, bowling alley, merry-go-round, moving
picture show, or other place of amusement, entertainment or
exhibition, for which a license is charged under this ordinance,
until the Board of Trustees shall have issued a permit there-
for, and that the said Board of Trustees shall have the right
to grant or refuse any such permit in its discretion, and
said Board of Trustees may impose such terms and conditions
upon the conduct of said business not in conflict with law or
any ordinance of said City of Azusa, as it may deem necessary
or expedient to protect the health, safety or welfare of said
city or its inhabitants in the conduct of said business, and
that such permit or license shall not be transferred without
the consent of the said Board of Trustees first obtained.
SECTION 43. That ordinances Nos. G 5, 4 , I L'r"�
and �G , providing for the licensing and regulating the
carrying on of certain businesses, trades, callings and
occupations within the City of Azusa, heretofore passed by the
Board of Trustees of said City, together with all other
ordinances and parts of ordinances in conflict herewith, here-
tofore passed by the Board of Trmetees of said City, be, and
the same are hereby, repealed; provided, however, that said
repeal shall not affect, prevent, or be a bar to the collec-
tion of any license fees due thereunder, or the prosecution or
punishment of any person who.may have violated any of said
repealed ordinances, but for the purpose of such collection,
prosecution and punishment, the said ordinance shall remain in
full force and effect; and, provided further, that any
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license heretofore legally issued shall be valid for the term
for which it was issued.
SECTION 44. That this ordinance is urgently required
for the immediate preservation of the public peace, health and
safety of the City of Azusa, for the reason that the license
ordinances now in effect have proved inefficient, and it is
essential to immediately correct certain defects therein.
SECTION 45. The City Clerk shall certify to the
adoption of this ordinance and shall cause a copy thereof to
be conspicuously posted in three public places in the City of
Azusa for a period of ten (10) days, and thereupon and.
thereafter the same shall take effect and be in full force.
Signed and appro � d, ul
this _ day oft/ ;; 1916.
PRESIDENT Or THE BOARD OF TRUSTEES.
ATTEST:
CITY CLERK.
I hereby certify that the foregoing ordinance was
passed by the Board of Trustees of the City of Azusa, signed
by the President of said Board and attested to by the City
all at a regular meeting held on the Jday of
1916, and that the same was passed by the following vote:
91k
AYES:
N0E5:
ABSENT: i�
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CITY CLERK