HomeMy WebLinkAboutOrdinance No. 457 1i
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1 ORDINANCE NO. JL
AN ORDINANCE OF THE OXTY COUNCIL 07 THE CITY
2 OP AZUSA Nun OF . STATE OI F
3 OGAI*Xerirrthip"iit 41:1.1111.OSTOINIMANCI 110°F.THE43ecOmF SAIF
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AZUSA ESTABLISHING A "TRAFFIC •
$
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4 TRAFFIC UPON THE PUBLIC STUNTS AND REPEALING
ALL ORDINANCES IN ' INTENT THEREWITH", AS
5 SAID ORDINANCE IS 114t4-0 BY ORDINANCE NO.
434 AND ALL OTHER OBS -CIS OR PARTS OF
6 ORDINANCES INCONSISTENT HEREWITH.
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8 The City Council of the City of Azusa does hereby ordain
9 as follows:
10 Section 1. Ordinance No. 438 of the City of Azusa,
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entitled: AN ORDINANCE OF THE CITY OF AZUSA ESTABLISHING A
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al! 12 "TRAFFIC CODE", REGULATING TRAFFIC UPON THE PUBLIC STREETS AND
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REPEALING ALL ORDINANCES INCONSISTENT THEREWITH*, is hereby
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amended, by amending Section 12.01 thereof to read as follows:
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h Section 12.01. OBSTRUCTION OF STREETS, ALLEYS, SIDEWALKS
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zz . 16 OR CROSS-WALLS. It shall be unlawful for any person to stand
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D4r4 " or sit idly in or upon any street, alley, sidewalk or crosswalk
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in the City of Azusa, or to stand or sit in or upon such street,
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19alley, sidewalk or crosswalk so as in any manner to hinder or
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obstruct the free passage of persons passing along the same or
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so in any manner to annoy or molest persons passing along the same,
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or to stand in or at the entrance of any church, hall, theater or
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place of public assembly so as to in any manner obstruct such
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entrance.
25 Section 12.01-A. The provisions of Section 12.01 shall not
26 apply to any bench, seat, chair, or similar device located-in-Or
27 upon any sidewalk, for the accommodation of passersby or persons
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awaiting transportation, provided a permit is procured as herein
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set forth.
30 Section 12.01-B. PROCEDURE PERE/T. Each application
31 for a Permit hereunder shall bi made, considered and granted by
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the City Council of the City of Amuse and each application shall
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1 contain the following:
2 A. A statement that the applicant is the owner of
3 each bench for which application is thus made;
4 B. The proposed location of each bench;
5 G. The number of benches for which permits are held
6 by the applicant nt_the time of making sudil
7 application ,and the respective numbers .of such
8 permits;
9 B. A description of each bench for which application
10 is thus made,- ShoWing its type, dimenSions and
11 materials of constructions
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o 12 B. One of the following:
3 13 (1) A signed. `stat e't of the owner or person •
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o 11 N 14 in lawful ..,session or control of Any
0 15 proved property abutting upon the street at the
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16 plate where each,such bench is proposed to be
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Q < a N 17 located, giving h :s consent to the installation
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0 '1 a 18 and maintenance 'Of such bench;
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a 3 19 (2) A state meat 'that such a signed statement has
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z 20 been requested! by the applicant from such-'owner
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21 or occupant and has been refused by sum.,owner or
22 occ pan4 • or
23 (3) A statement that such abutting property is,
24 unimproved
25 7. A deecriptiO ' or:statement indicating the nature
26 of the advertising, if any, to appear thereon, and
27 the area or areas upon such bench where such ad
28 vertising is to appear;
29IG. A statement statammt4y4pplidant that, if granted a permit
30 as require iii this Ordinance, he will obse ,
31 abide by, and be bound by each of the provisiOns
32 of this ordinance, 'and' each condition uponwhich
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1 the permit is approved by the City Council.
2 Section 12.01-C. FISS AND BOND B BT D. The said matter
3 shall be presented to the City Council, who may grant a permit.
4 However, prior to the issuance of such permit to the permittee,
5 and prior to the maintaining of any bench in or upon any street,
6 such permittee shall pay to the City of Asusa the sum of Fifty
q Dollars ($50.00), plus Five Dollars (45.00) for each bench for
8 which a permit has been granted, and shall file with the City
9 Clerk a surety bond or policy of public liability insurance in
10 the amount of W , „ t public liability and $5,000.00
11 property damage, approved by the City Attorney as to form, and
lg: 12 conditioned as approved in the next section. All moneys collected
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LLAo 13 under any provision Of this ordinance shall be deposited to the
o m w ,� 14 General Fund of the City of Azusa.
zF - 15 Section 12.01-D. TKRMS OF BOND. The bond or policy required
Q >. 16 by the preceding section shall be conditioned that the permittee
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W ` will indemnifyand save the City of Azusa its; officers and employees,
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0 Z gi;II 18 free and harmless from any and all loss, costs, damages, expenses
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24 ; 19 and liability which might result from or arise out of the granting 1
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LC 20 of a permit or the maintenance of a bench for which the permit is
21 issued, and that the permittee will pay any and all loss or damage
22 which may be sustained by any person as a result of, or which ttw.y
23 be caused by, or arise out of such maintenance. The bond or
24 policy of insurance shall be maintained in its original amount by
25 the permittee at his expense at all times during the period for
26 which the permit is in effect. each such bond or policy shall
27 be of such a type that its coverage shall be automatically restored
28 immediately after the time of any accident from which liability
29 may thereafter accrue, and shall specifically provide that the
30 same shall not be exhausted by successive suits upon the same,
31 and,further,that the same shall not be cancellable without 10 days
32 prior written notice delivered to the City Clerk of the City of
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1 Azusa.
2 Section 12.01-E. CONTENTS OF PERMIT. Upon compliance
3 with the preceding section by the permittee, the City Clerk shall
4 issue to the permittee the permit approved by the City Council,
5 which permit shall contain the date of its issuance, date of its
6 expiration, the name and address of the permittee, the location
7 of the benches, a number assigned to each bench covered by the
8 permit, and a statement of the conditions, if any, upon which
9 the permit was approved. The City Clerk shall keep an index of
10 all permits issued hereunder and of the bench numbers assigned
11 under each permit. During all times that a bench is maintained
12 in a street under this ordinance, the number assigned by the
13 clerk to each such bench shall be plainly stenciled thereon by
14 the permittee in numerals at least one inch in height and three-
15 quarters of an inch in width, in water-proof paint of a color to
16 be plainly legible at least five feet therefrom.
17 Section 12.01-F. MAINTENANCE OF BENCHES. No permittee
18 shall maintain any bench in or upon any street other than at the
19 location specified therefor in the permit issued hereunder for
20 such bench. Each bench maintained pursuant to any permit issued
21 under the provisions of this ordinance shall at all times be
22 maintained by the permittee in a safe condition and at the location
23 specified in the permit, and shall be inspected by the permittee
24 at least once a month for the purpose of ascertaining that such
25 bench has not been moved or relocated or been damaged or become
26 dangerous or defective.
27 Section 12.01-G. REMOVAL OF UNLAWFUL BENCHES. Within 30
28 days after the effective date of this ordinance, every bench for
29 which a permit is required by this ordinance shall be removed
30 from the street by the owner thereof, unless a permit shall have
31 been granted pursuant to this ordinance for the continued main-
32 tenants of such bench at its respective location. Upon the
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1 expiration of any permit issued hereunder, the
permittee shall
2 remove all benches from public streets for which there is no
3 valid permit issued hereunder and still in effect. Any bench
4 maintained in any street contrary to any provision of this
5 ordinance may be removed by the Chief of Police and placed in
6 storage at any place selected by him. The owner thereof may
7 reclaim any bench thus stored, within 30 days after such removal,
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by payment to the Chief of Police of the sum of $2.00 to cover
9 the cost of such removal and the further sum of2.04
� per week
10 or fraction of a week for storage for each bench thus removed
11 and stored. Upon the expiration of 60 days after such removal,
12 the Chief of Police may sell, destroy or otherwise dispose of all
13 benches thus removed. All of the foregoing shall be at the sole
14 risk of the owner and shall be cumulative to any other remedy
15 provided for the violation of this ordinance.
16 Section 12.01-H. TERMINATION OF PERMITS. Every permit
17 issued pursuant to this ordinance shall expire and be of no
18 further effect at the end of the fiscal
year of the City of Azusa,
19 to-wit: the 30th day of June of each year. Any permit issued
20 under this ordinance may, after notice given to the permittee
21 of the time and place of consideration, and after hearing before
22 the City Council of the City of Azusa, with or without cause, be
23 cancelled and terminated. Notice of such hearing shall be given by
24 mailingto the
permittee at his last known address, as appears in
25 the records of the CityAzusa, postage of
prepaid, notice of the
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time and place of the hearing before the City Council on the
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revocation of such permit. In the event, after the hearing, the
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permit is cancelled, the fees for that year shall be pro-rated
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to the date of cancellation and returned to the permittee.
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Section 2. Except as amended herein, said Ordinance Number
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438 shall be and remain in full force and effect.
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1 Section 3. The City Clerk shall certify to the adoption
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of this ordinance and prior to the expiration of fifteen (15) days
3 from the passage hereof, shall cause the same to be published in
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the Azusa Herald and Pomotropic, a newspaper of general circulation
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published and circulated in the City of Azusa, and thirty (30) days
6 from and after the final passage hereof, this ordinance shall take
7 effect and be in full force.
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9 . ' '
ar?, .(renes,
10 Mayor of the City of Azusa.
11 ATTEST:
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13 L el
• nes,
14 City Clerk of tie Ci�
ty of Azusa.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF AZUSA )
I, M. A. Hynes , City Clerk of the City of Azusa, Los
Angeles County, California, do hereby certify that the f ore-
going ordinance was duly introduced at a regular meeting of
the City Council of the City of Azusa on the bth day of
October .,195 2 and was duly and regularly passed and
adopted by the City Council, signed and approved by the
Mayor, attested by the City Clerk, at a regular meeting held
on the 20th day of October , 1952 ; that the same was
passed and adopted by the following vote of the Council:
AYES: COUNCILMEN: Jackson, Hernandez, Seltzer, Memmesheimer, Jones
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None `
I do further certify that I caused said Ordinance to be ; 7=
published prior to the expiration of fifteen days from the
passage thereof in the Azusa Herald and rfretnotropie, a news y.3
of general circulation, printed, published and circulated
the City of Azusa, on the '3Oth day f October ,
and that the same was published in aced e_withaw«
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