HomeMy WebLinkAboutOrdinance #457 I
ORDINANCE NO® 457
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, PROHIBITING OPEN
FIRES WITHIN THE CITY DURING HOURS
OF DARKNESS AND PROVIDING PENALTY
THEREFOR;`
WHEREASe the United States of America is at
war, and
�- WHEREAS, The City of Huntington Beach, because
of ita oil industry and because of its location on the
Pacific Ocean, is within an area of vital importance to
the defense of the United States, and
WHEREAS, open fires within the City in the
night time might facilitate the giving ofaignals to the
enemy,
NOW, THEREFORE, in and by the above preamble
and statement the ouncil declares and defines that an
emergency, exists necessitating the following ordinance for
, the immediate preservation of the public peace, property",
convenience, health and safety;
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WHEREFORE, the City Council of the City of
Huntington Beach, California, do ordain as follows:
Section la The term "open fire" as used in
this. ordinance shall. be construed to mean and shall mean
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any fire built in the oRen air and outside of a closed
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structure or outside of a building®
Section 2® It shall be unlawful for any person
to ignite, kindle, start or maintain any fire on any public
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or private property within the city limits of the City of
Huntington B t each between the hours of one hour before
sunset and one hour 10-tere sunrise on any day*
Section 3o Any person violating
{ g the provisions
of this ordinance shall. be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine
not to exceed Three Hundred Dollars ($300000) , or by
Imprisonment in the City Jail of the City of Huntington
Beach or the County Jail of Orange County for a period
not exceeding three (3) months,. or by both such fine and
imprisonment;`
Section 40 If any section, subsection, sentence'
clause or phrase. of- this ordinance for any reason is held
to be unconstitutional, such decision shall not affect
the validity of the remaining portion of this ordinance®'
b The City Council of the City of Huntington Beach, CalifM
ornia, hereby declares. that it would-have passed this
ordinance and each and every section, sub,sectinn, sentence,
clause or phrase - thereof; irrespective of the fact that
anyone or more sections, subsections, sentences, clauses
or phrases be declared unconstitutional:
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Section 5e That this ordinance, being an
emergency measure for the immediate preservation of the
p public .peaee, property, health and safety, which emergency
is set forth and defined in the preamble hereto, shall
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take effect and be in force from and after the passage
} and adoption hereof®;
Section 6 The City Clerk shall certify to
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' i the passage and adoption of this ordinance by a vote of
four-fifths of the members of the City Council and shall
thereafter for more public notice cause the same to be
published by one insertion in the Huntington Beach News,
a newspaper of general circulation, printed, published
and circulated in the City of Huntington Beach, Californiae"
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PASSED AND ADOPTED by the City Council of the
City.. of Huntington Beach, California, at a _reppi]ar
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meeting thereof held on the lst. day of June
1942
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MAYOR
ATTEST:
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City. Clerk
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_-� STATE OF CALIFORNIA
County of Orange SS
City of Huntington Beach )
I, C® R. FURR, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, Calif-
ornia, and ex®officio Clerk of the City Council of said
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City, do hereby certify that the whole number of members
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of the City Council of the City of Huntington Beach is
five; that the fore oingg ordinance was first read to said
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City Council at a regular adjourne4eeting thereof held on
the 2E;t}, day of _ MAy , 1942, and was again read
to said City Council at a Regular meeting thereof
held on the lst day. of June �, 19429 and was
passed and adopted by the affirmative vote of more than a
majority of all the members . of said .City Council as follows:
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AYES: Councilmen: _Henrickson,Grable,Hawes
Morehouse,Talbert
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NOES: Councilmen: Done
ABSENT: Councilmen: None
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ity Clerk and. ex.-officio Clerk
of the City Council, of the
City of Huntington, Beach
California*'
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