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Ordinances 1 to 478 - 2/26/1909 to 2/7/1944
1 Charter and Penal Ordinances OF THE City of Huntington Beach Orange County California • January, 1940 • Compiled and Codified by D. G. Wettlin under the direction of City Attorney Ray H. Overacker and City Clerk Charles R. Furr. 40 Published by the City of Huntington Beach, Caifornia, as a Report on Project No. 65-1-07-135, conducted under the auspices of the Works Projects Administration. • Printed and Bound by the Huntington Beach News. CITY OFFICIALS M. M. MCCALLEN ........................................................................ MAYOR COUNCILMEN A. W. MOREHOUSE L. S. CHAMNESSS T. B. TALBERT A. L. HENRICKSON CHARLES R. FURR ............................................................ CITY CLERK LUTHER A. ARTHUR .......................................... CITY TREASURER RAY H. OVERACKER .............................................. CITY ATTORNEY HARRY A. OVER.MYER. ............................................ CITY ENGINEER H. L. GRANT ............................................................ CHIEF OF POLICE CHARLES P. PATTON .................................................... CITY JUDGE J. K. SARGENT .................................................................... FIRE CHIEF IN APPRECIATION Sincere appreciation is hereby expressed to David G. Wettlin, under whose able direction this project has been completed, and to Theodore H. Hopkins, first assistant to Mr. Wettlin. Special credit is due Mr. Fred P. Jayne, Project Co- ordinator; Mr. William A. Woodruff, Senior Inspector, and to the Project workers who typed and checked the ord- inances and other records. CHARLES R. FURR, City Clerk. FOREWORD The City of Huntington Beach was incorporated February 17, 1909 under the general laws of the State of California. It existed as a city of the sixth class until 1937 when the present "Home Rule" Charter was adopted. The Charter was prepared and submitted to the voters by the City Council under the alternative provisions of the 1936 amend- ment to Section 8, Article XI of the Constitution of the State of California. Prior to that time a charter could be drafted only by a Board of Freeholders elected for that purpose. Cities governed by "Home Rule" Charters are free from legis- lative control in their internal business termed "municipal affairs", while the powers of General Law cities are subject to be altered or repealed at any session of the State Legislature. The Constitution provides as follows: "It shall be competent in any charter framed under the au- thority of this section to provide that the municipality governed thereunder may make and enforce all laws and regulations in re- spect to municipal affairs, subject only to the restrictions and lim- itations provided in their several charters and in respect to other matters they shall be subject to general laws." The powers of the City are set forth in Article III of the Charter. These powers may be specifically enumerated or may be set forth in general terms. The term "municipal affairs" is difficult to define, and the Courts of our State have stated that a clear, general definition is impossible. They have adopted a method of exclusion and inclusion that is, holding the particular power in question was or was not a municipal affair. The following have been held to be municipal affairs: Municipal taxation, license tax for revenue; municipal-elec- tions, manner of enacting ordinances; improvement districts, the manner of issuance of bonds, organization and maintenance of po- lice and fire departments, and other similar functions. Charter provisions covering municipal affairs govern, even though they may conflict with State Law. This, the third compilation of the Ordinances of the City of Huntington Beach, contains the "Home Rule" Charter, including its first amendment, and the ordinances now in effect. RAY H. OVERACKER, City Attorney. ORDINANCE NO. 1 1 ORDINANCE NO. 1 AN ORDINANCE FIXING THE TIME AND PLACE OF MEETINGS OF THE BOARD OF TRUSTEES OF THE CITY OF HUNTING- TON BEACH. The Board of Trustees of the City of Huntington Beach do Ordain as follows: Section 1. The room or building used by the board of Trustees of the City of Huntington Beach for its meetings shall be called the "City Hall". Section 2. That, that certain Municipal Building, situate on the Northeast side of Orange Avenue Between Fifth Street and Sixth Street in said City of Huntington Beach, shall be the "City Hall" of the City of Huntington Beach. (As amended by Ordinance No. 262.) Enacted February 26, 1909. ORDINANCE NO. 3 3 / ORDINANCE NO, 3 —0— AN ORDINANCE PRESCRIBING THE FORM OF AND ADOPTING A COMMON SEAL FOR THE CITY OF HUNTINGTON BEACH, AND PROVIDING FOR THE CARE OF THE SAME. The Board of Trustees of the City of Huntington Beach do' Ordain as Follows: Section 1. The common seal of the City of Huntington Beach shall be so constructed as to make the following impression:- A circle, with a center piece consisting of a view of ocean waves, with the outline of Catalina Island, as seen from the city of Huntington Beach, in the background, and with the words, "City of Huntington Beach, Orange County, California, Incorporated February 17th, 1909 A. D." surrounding said center piece and near the inside margin of said circle. Section 2. Th Board of Trustees of the City of Huntington Beach do hereby adopt the seal described in section No. 1 of this ordinance as the common seal of this city. Section 3. The city clerk shall have charge of the seal of this city, and shall be held responsible for its care and proper use. Enacted March 5, 1909. ORDINANCE NO. 8 5 ORDINANCE NO. 8 . -l— AN ORDINANCE PRESCRIBING THE ESSENTIALS OF VALID ORDINANCES FOR THE CITY OF HUNTINGTON BEACH, PROVIDING FOR THE PUBLICATION OF SUCH ORDINAN- CES, FIXING THE TIME OF THEIR TAKING EFFECT, AND AUTHORIZING THE IMPOSITION OF FINES, PENALTIES AND FORFEITURES FOR ANY AND ALL VIOLATIONS OF SAME. The Board of Trustees of the City of Huntington Beach do ordain as follows: (Ed. note: Sections 1, 2, 3, 4, 5, 6 and 7 of Ordinance No. 8 are covered and superceded by the provisions of the charter, leaving Section 8 in effect.) Section 8. The violation of, or wilful non-compliance with any ordinance of the City of Huntington Beach shall, unless otherwise provided therein, be punishable by imprisonment in the City Jail, of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the City Recorder may direct, not ex- ceeding three (3) months, or by fine not exceeding Three Hundred Dollars ($300.00), or by both such fine and imprisonment; and a violation of such ordinance may be prosecuted by the Board of Trustees of said 'City of Huntington Beach in the name of the Peo- ple of the State of California, or it may be redressed by civil ac- tion at .the option of the said Board of Trustees. Any judgment of fine shall direct that in default of the payment of such fine,( the defendant shall be imprisoned, until such fine be satisfied; provided, that in case of such imprisonment for failure to pay the fine, the amount of the fine shall be reduced Two Dollars ($2.00) for each day so imprisoned. If the violation be committed by an officer of the said City, he shall be liable, not only to fine and imprisonment, but also to the forfeiture of his office. Enacted March 19, 1909. ORDINANCE NO. 15 7 ORDINANCE NO. 15 —S - AN ORDINANCE OUTLINING THE POWERS AND DUTIES OF CERTAIN CITY OFFICERS OF THE CITY OF HUNTINGTON BEACH. The Board of Trustees of the City of Huntington Beach do Ordain as follows: (Section 1, and all other sections, except Section 2, covered by the charter.) Section 2. The Treasurer shall receive on the orders of the Clerk and safely keep all moneys belonging to the City, whatever its source, for which he shall give duplicate receipts, one to the depositor and the other to the City Clerk. He shall establish and keep the money in the following funds: Huntington Beach City Funds. (1) A general fund which shall contain all unappropriated and unapportioned money. (2) Gas Department Fund. (3) A Library Fund. (4) A Music and Promotion Fund. (5 Such Funds as may be created by ordinances of this City for caring for money received from the sale of bonds of this City and for the interest and sinking funds thereon. (6) Street Improvement Fund. a Money may be transferred from one fund to another on the order of the Board of Trustees, except in the case of the Library Fund the Music and Promotion Fund and special funds created by ordinances for caring for money received from the sale of bonds of this City and for the interest and sinking funds thereon, and the State Im- provement Fund. The Treasurer will pay out money on behalf of the City only on warrants signed by the President and counter- signed by the Clerk. He shall make quarterly settlement to the Clerk: But prior to the first meting of each month he shall report to the Clerk the balance in each fund;.he shall also make an annual report to the Board of Trustees. (As amended by Ordinance No. 265). Enacted April 30,1909. ORDINANCE NO. 16 9 ORDINANCE NO. 16 AN ORDINANCE REGULATING THE USE OF FIRE ARMS WITH- IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. The Board of Trustees of the City of Huntington Beach do Ordain as follows: Section 1. It is hereby declared to be unlawful for any person, other than an/officer of the law, while on duty, to discharge any rifle.w pistol within the corporate limits of the City of Huntington Beach, except in target shooting in a shooting gallery regularly licensed by the said City. Section 2.C-Any-person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in a sum not to exceed Three Hundred Dollars ($300.00), or by imprisonment for a term not to exceed three (3) months, or by both such fine and imprisonment, in the discretion of the Court. Enacted May 28, 1909. r ORDINANCE NO. 19 11 ORDINANCE NO. 19 AN ORDINANCE PROHIBITING THE OBSTRUCTION OF THE STREETS, ALLEYS, SIDEWALKS, AND PUBLIC PLACES WITHIN THE CITY OF HUNTINGTON BEACH FOR ANY PURPOSE WITHOUT A PERMIT: ALSO REQUIRING THE LIGHTING_ OF SAID OBSTRUCTIONS BY NIGHT. The Board of Trustees of the City of Huntington Beach- do ordain as follows: Section 1. It shall be unlawful for any person, firm or corpora- tion, without a franchise or other authority from the Board of Trustees, to erect any telegraph, telephone, electric light.or.trans- mission poles on any walk, street, alley or public place in the City of Huntington Beach, or to stretch any wires along or across said streets; or to lay any ,gas, oil or water pipes, or other pipe lines along or across any streets in said city. (As,amended by Ordinance No. 292). Section 2. It is hereby declared to be unlawful for any person, firm or corporation to obstruct any street, alley, sidewalk or public place, within the City of Huntington Beach, by placing thereon or i therein any building, stand, counter, lunch wagon, wagon stand, band stand, structure, building material, gravel, dirt, excavation, or obstruction of any kind whatsoever, without a permit having first been issued therefor as hereinafter provided. Section 2%. It is hereby declared to be' unlawful for any person, firm, corporation, association or syndicate to obstruct any street, alley, sidewalk or public place within the City of Huntington Beach, to cause, allow or permit, either wilfully or negligently to be placed or to flow or run or be thereon or therein, any oil asphal- tum, tar, hydro-carbon substances,or any mud, residue or by-product from the drilling any oil well or any other substances which inter- feres with the free and safe use of said street, alley, sidewalk or public place whatsoever. For the purpose of this section, any of the substances hereinabove mentioned which shall flow, run or be deposited from any private premises or oil well, or sump hole or the property surrounding the same into, upon, over or across any public street, alley, sidewalk or public place, shall be presumed to so flow, run or be deposited in, upon, over or across such public street, sidewalk, highway or alley by the willful negligence and carelessness of the persons, firm, corporation or syndicate having control of the management, operation, drilling or handling of such well, sump hole or adjacent premises and also by the negligence and carelessness of the Superintendent or man in actual superin- tendance of the handling of such well, sump hole or premises. (Sec- tion 2% added by Ordinance No. 234.) Section 3. Any person, firm or corporation desiring to engage in any trade or business or to move or construct a building, make 12 ORDINANCE NO. 19 repairs, or to perform any other work by which it may become necessary to place any such building, stand, counter, lunch wagon, wagon stand, band stand, structure, building material, gravel, dirt, excavation or other obstruction upon or in the streets, alleys, side- walks or public places within the said City, must first obtain a permit from the Superintendent of Streets of said City to place any obstruction as hereinabove mentioned upon, or in said streets, alleys, sidewalks or public places, and the said Superintendent of Streets of said City may issue such permit upon the payment of the sum of Five ($5.00) Dollars to the City of Huntington Beach therefor; pro- vided, however, that in the event the person, firm or corporation making such application is the owner or holder of a franchise or reservation of interest in said street, alley, sidewalk or public place to keep or maintain any pipe line, telephone line or pole system in or upon any of said public streets, alleys, sidewalks or public places or said excavation is for the purpose of connecting the sewer water or gas pipe lines by such person, firm or corporation, then and in that event, said application and permit may be granted without charge. Each person, firm or corporation having authority from the City Council of the City of Huntington Beach, as provided in Section 1 of Ordinance No. 19, to cut, remove, excavate in, upon or along any paved or improved street, alley, sidewalk, curb or other public place in said City andlor to cut, remove or excavate in, upon or along any unimproved dirt or oiled street, lane or alley or oth- er unimproved public place in said City shall, upon and at the time of making application to the Superintendent of Streets of said City for permit to so cut in, upon, across or along, or remove, excavate or obstruct any such paved or improved street, curb, side- walk, alley or other improved public place and/or unimproved dirt or oiled street, lane, alley or other unimproved public place shall pay in lawful money of the United States to the City of Huntington Beach a sum for each and every square foot and fraction thereof of all such paving, street, curb, sidewalk, alley or other improved public place andlor for each square foot of any unimproved dirt or .oiled street, lane, alley or other unimproved public place proposed to be cut or removed as contained in the statement thereof set forth in said application, for the purpose of repairing the damage to said paving, curb, sidewalk or other public places, except as herein provided; said sum of money shall be calculated according to the following schedule: A. For paved or improved streets, sidewalks, curbs, alleys or other improved public places in said city said sum shall be as follows: 1. Twenty-five (25) square feet, or less, FIFTY (50c) CENTS per square foot. 1 2. More than Twenty-five (25) square feet, up to and including Five Hundred (500) square feet, THIRTY FIVE ORDINANCE NO. 19 13 (35c) CENTS per square foot. 3. In excess of Five Hundred (500) square feet, TWENTY-FIVE (25c) CENTS per square foot. B. For unimproved dirt or oiled streets, lanes, alleys or other unimproved public places in said city said sum shall be as follows: 1. DIRT street, lane, alley or other unimproved public place, THREE (3c) CENTS per square foot. 2. OILED street, lane, alley or other unimproved public place, THIRTEEN (13c) CENTS per square foot. The above schedule shall apply to all persons, firms or corporations ayike who make application to obstruct, cut, remove or excavate in, upon, across or along any improved or paved street, alley, sidewalk, curb or other public place within said City andlor any unimproved dirt or oiled street, lane, alley or other public place within said City. All money so paid shall be deposited by the City Council of the City of Huntington Beach in such fund as said 'City Council may direct. (Section 3 Amended by Ordinance, No. 368) Section 4. Any such person, firm or corporation obtaining such permit for the purpose of moving, constructing a building, digging or excavating, or making repairs, shall proceed with the moving, constructing, excavating or digging, or other work for which the building material, dirt, or other obstruction or excavation is re- quired, with all due diligence, and when completed, restore said street, alley, sidewalk or public place to its former condition. Section 5. Any person, firm or corporation placing or causing to be placed any such building, stand, counter, lunch wagon, wagon stand, band stand, structure, building material, gravel, dirt, excava- tion, or other obstruction on any of said streets, alleys, sidewalks or public places, shall during the night time put up and maintain such lights as shall effectually prevent the happening of any accident in consequence of such obstruction. Section 6. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be, deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed One Hundred Dollars ($100.00), or by imprisonment for a term not to exceed thirty (30) days, or by both such fine and imprisonment in the discretion of the court, and the obstruction so maintained shall be deemed to be a public nuisance and be treated as such. Section 7. Nothing in this Ordinance shall be construed to permit the carrying on of any business, trade or occupation what- soever in the City of Huntington Beach without the license which will be required for such business, trade or occupation by Ordinance No. 10 of the said City. Enacted June 18, 1909. ORDINANCE NO. 24 15 ORDINANCE NO. 24 —8) - AN ORDINANCE REGULATING AND PROVIDING FOR THE ES- TABLISHMENT AND MAINTENANCE OF LIFE SAVING EQUIPMENT ON ALL WHARVES, PIERS AND OTHER STRUCTURES PROJECTING OVER MEAN HIGH WATER MARK OF THE PACIFIC OCEAN IN THE CITY OF HUNTING- TON BEACH, CALIFORNIA. �r The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That every person, firm or corporation maintaining, operating, owning, managing or controlling any pier or wharf or other structure projecting below mean high water mark of the Pacific Ocean within the City of Huntington Beach, upon which human beings are wont to stand, loiter, fish from, work, or trespass, shall provide for, maintain and keep in good condition, in a handy and convenient place easily accessible to such human beings, the following equipment for the preservation of human life: For every hundred lineal feet which the said structure projects below mean high water mark, one life preserver of standard make capable of sustaining the weight in water of at least one adult human being. Each such life preserver to be attached to at least 100 feet of quarter inch manilla rope. Section 2. It shall be unlawful for any person to touch, handle, molest or in any manner interfere with any such life saving equip- ment, except when necessary to protect or safeguard human life or property. Sec. 3. Every person, firm or corporation violating the provisions of this ordinance shall be deemed to be, and shall be, guilty of a mis- demeanor, and on conviction thereof shall be punished by a fine of not less than $300.00, or imprisonment for not less than ninety days,or both such fine and imprisonment. Enacted October 1, 1909. ORDINANCE NO. 27 17 ORDINANCE NO. 27 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH MAKING IT A MISDEMEANOR TO PERMIT DOMESTIC FOWLS TO RUN AT LARGE OR GO UPON THE PREMISES OF ANY PERSON OTHER THAN THE OWNER OR CUS- TODIAN THEREOF. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It is hereby declared to be unlawful for any per- son, firm or corporation, owning or having control of any chickens, ducks, geese, turkeys, or other domestic fowls, to permit the same to run or go upon the premises of any other person within the City of Huntington Beach, Orange County, California, without the con- sent of such other person, firm or corpration, or his, their or its authorized agent; or to permit the same to run at large or go upon any street, alley, sidewalk or other public place within the said City of Huntington Beach. Sec. 2 Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding $50.00, or by imprisonment for a term not exceeding (50) days, or by both such fine and imprisonment. Enacted October 22, 1909. 1 ORDINANCE NO. 37 19 ORDINANCE NO. 37 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING THE APPORTIONMENT OF THE FUNDS OF THE SAID CITY OF HUNTINGTON BEACH. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. Whenever the Board of Trustees of the City of Huntington Beach shall pass any resolution concerning the funds of the City of Huntington Beach, the City Clerk shall, before six o'clock P. M. of the day following the day upon which the said resolution is passed, deliver to the Treasurer of the City of Hunt- ington Beach a certified copy of the said resolution; and if the said resolution concerns the library fund, he shall also, within the same time, deliver a like copy to the Clerk or Secretary of the Board of Library Trustees of the City of Huntington Beach. Sec. 2. Whenever the City Treasurer of the City of Huntington Beach shall receive any money belonging to the city of Huntington Beach, he shall give duplicate receipts therefor as follows: For all money deposited in the Library Fund, one receipt to the depositor, one to the Clerk or Secretary of the Board of Library Truestees, and one to the City Clerk of the City of Huntington Beach; and for all money deposited in any other fund of the City of Huntington Beach, one receipt to the depositor, and one to the City Clerk of the City of Huntington Beach. Sec. 3. The Clerk or Secretary of the Board of Library Trus- tees of the City of Huntington Beach shall, at least one hour before the first regular meeting of each month of the Board of Trustees of the City of Huntington Beach, file with the City Clerk of the City of Huntington Beach a written statement of all receipts and dis- bursements of the said Library Board during the preceding month, in addition to any other report required of such Clerk or Secretary by law. Enacted December 17, 1909. ORDINANCE NO. .38 21 ORDINANCE NO. 38 AN ORDINANCE REQUIRING THE CLEANING OF SIDEWALKS WITHIN THE CITY OF HUNTINGTON- BEACH. The Board of Trustees of the City of Huntington Beach do ordain as follows: - Section 1. All persons, firms or corporations owning or oc- cupying any real property in the City of Huntington Beach fronting upon any public street, lane or alley of said City, are hereby re- quired to keep the sidewalks immediately in front of said property free from weeds and all vegetation growing thereon, except such as may be sown or planted for purposes of ornamentation, and free from dirt,, filth, garbage or rubbish, other than the natural soil of the same, and to keep said sidewalk and said space free from any hole or holes, or any obstructions dangerous to life or limb; pro- vided however, that nothing herein contained shall prevent exca- vating through or across any sidewalk where said excavating is done in accordance with the terms and provisions of any other Ordinance of the City of Huntington Beach, and in accordance with the regulations therein contained covering said excavation. Sec. 2. Any such weeds or rubbish on any such sidewalk are. hereby declared to be a nuisance. Sec. 3. It shall be the duty of the Superintendent of Streets of the City of Huntington Beach to notify the occupants and own- ers of any premises in this City to remove, within ten (10) days from the receipt of such notice, all such weeds and rubbish from the sidewalks in front thereof, and that upon a failure to do so within the said ten days, the Board of Trustees of the said City will cause the said weeds and rubbish to be removed at the ex- pense of the said owner or occupant. Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant), 'and upon the owner, each a copy of such notice, directed to the occupant (if any) and owner; or if the owner be, a non-resident of the City of Huntington Beach, by .serving the oc- cupant personally and by mailing, by mail, a like copy. in writing to the owner at his last known address as shown by the last,assess- ment role,of the said City of Huntington Beach; or, ,if.there be no occupant,. by,posting a copy of..the notice in a conspicuous place upon 'the premises, and serving a copy upon the. owner as .here- inbefore provided. Sec. 4. If at the expiration of ten days from the sending or service of the said notice, the said weeds and. other rubbish are not removed from the said sidewalk, the Superintendent,of Streets shall thereupon report the said delinquency to the Board of Trustees of the said City of Huntington Beach, with an estimate of the prob- able cost of doing the work. The Board of Trustees must then order the said Supernitendent of Streets to do the said work at the ex- pense of the owner and occupant of the said property, and pro- 22 ORDINANCE NO. 38 vide for the temporary payment of the same with city funds; pro- vided, that the said Board may, in its discretion, extend the time within which the work must be done. Sec. 5. At the completion of the work the Superintendent of Streets must prepare a statement of the proceedings, reciting the existence of the nuisance, the description of the property, the names of the owners .and occupants, the giving of the notice, the hearing by the Board of Trustees, the making of the order by the Board, the doing of the work and the cost thereof, and the manner of making demand; which statement must be signed and verified by the oath of the said Superitendent of Streets. The Superintendent of Streets shall then collect the said amount from the owner and occupant (if any), who shall be jointly and severally liable. If the said claim be not paid within thirty (30) days from demand by the said Superintendent of Streets, the Board of-Trus- tees may order the said statement to be recorded in the office of the County Recorder of Orange County, California. If the owner be a non-resident of the City of Huntington Beach, it shall be a suffi- cient demand, for the purposes of this Ordinance, for the Superinten- dent of Streets to mail a copy. of the said statement to the said owner. The said statement, when recorded in the office of the County Recorder of Orange County, shall be a lien upon the property described therein, which may be foreclosed by the said City of Huntington Beach in like manner as liens are foreclosed under the provisions of the Code of Civil Procedure of the State of California. Sec. 6. Whenever the word "Sidewalks" is used in this ordin- ance, it shall mean the strip of land between the curb line of the street and the inside property line, whether covered with a cement walk or not. Sec. 7. Failure to keep the sidewalks clear or clean as pro- vided in Section 1 of this ordinance shall be a violation of this ordinance, and for every lot whose sidewalk frontage is so obstruct- ed with rubbish or trash, or overgrown with weeds as set forth in Section 1 of this ordinance, there shall be counted a separate violation of this ordinance, and that or any other violation of this ordinance shall constitute a misdemeanor, and any person violating the same or any part thereof shall, upon conviction thereof, be deemed guilty of 'a misdemeanor, and shall be punishable by a fine not exceeding Fifty Dollars ($50.00) or by imprisonment for a period not exceeding fifty (50) days, or by both such fine and imprisonment. Enacted December ,31, 1909. ORDINANCE NO. 66 23 ORDINANCE NO 66 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, REG- ULATING THE KEEPING OF PIGS AND CHICKENS IN THE SAID CITY OF HUNTINGTON BEACH AND REGULATING THE MAINTENANCE OF PRIVY VAULTS. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be, and is hereby declared to be unlawful for any person, firm, or corporation to keep or maintain any pigs, or chickens or other domestic fowl in or on Blocks 103, 404, 203, or 204 in the City of Huntington Beach. Section 2. It shall be and is hereby declared to be unlawful for any person, firm, or corporation to keep, establish, or maintain any open privy vaults in or on Blocks 103 or 104, 203, 204, in the City of Huntington Beach. Section 3. Any person, firm, or corporation ,who shall violate any of the provisions of this ordinance, shall be guilty of a mis- demeanor, and shall be punished by a fine, not exceeding Three Hundred Dollars ($300.00), or by imprisonment for not more than Ninety days (90), or by both such fine and imprisonment. Enacted August 19, 1910. ORDINANCE NO. 72 25 ORDINANCE NO. 72 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO- VIDING FOR THE PUNISHMENT OF DRUNKENNESS AND DISORDERLY PERSONS, AND THE KEEPING OF DISORDER- LY HOUSES. The Board of Trustees of the City of Huntington Beach do ordain as follows; Section 1. It is hereby declared to be unlawful for any person to lie or sleep in or upon any street, alley, sidewalk or other public place, within the corporate limits of the City of Huntington Beach, or to appear thereon or therein in a drunken or intoxicated con- dition. Section 2. It is hereby declared to be unlawful for any person to keep a riotous house, or permit any riotous or disorderly con- duct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet, or decency of any person in the neighborhood of such house, may be disturbed. Section 2a. (1) It shall be unlawful for any person to be on any private premises or in any private house in a state of intoxi- cation or drunkenness to the annoyance of any other person. (2) It shall be unlawful for any person to drink any malt, spirituous or vineous liquor containing more than one-half of one per cent of alcohol by volume, upon any public street, alley, side- walk, parkway or other public place within the City of Huntington Beach, whether such person is or is not in or upon any automobile or other vehicle or conveyance. (As amended by Ordinance No. 407). Section 3. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be punished by a fine in a sum not exceeding three hundred dollars ($300.00) or by imprisonment for a term not exceeding three (3) months, or by both such fine and imprison- ment in the discretion of the Court. Enacted January 20, 1911. l ORDINANCE NO. 75 27 ORDINANCE NO. 75 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, DE- CLARING THE ACT OF CARRYING CONCEALED WEAPONS TO BE UNLAWFUL. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It is hereby declared to be unlawful for any person, other than a public officer, or person having secured a permit so to do, to wear or to carry concealed on or about his person, any pistol, dirk, or other dangerous weapon or deadly weapon, provided however that the ordinary pen knife, pocket knife, or toilet shears are not deemed dangerous or deadly weapons within the provisions of this Ordinance. Section 2. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine in a sum not exceeding Three Hundred ($300.00) Dollars, or by imprisonment for a term not exceeding three (3) months, or by both such fine and imprison- ment in the discretion of the Court. The City Marshall is hereby authorized to grant a written permit to any peaceable person, when in his judgement he may deem it necessary, for such person to carry concealed weapons for his own protection. Enacted April 7, 1911. ORDINANCE NO. 77 29 ORDINANCE NO. 77 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO- VIDING FOR THE CARE OF AND THE REMOVAL OF GAR- BAGE IN THE CITY OF HUNTINGTON BEACH. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. For the purpose of this Ordinance, the word garbage is defined to be all animal and vegetable refuse from kitchens, and all household waste that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food. Trash other than garbage is defined to be any other refuse such as tin cans, glass, old clothes, etc. Section 2. It shall be unlawful for any person, firm or corpora- tion to remove or convey or cause or permit to be removed or con- veyed any garbage on or along any public street, alley or other public place in the City of Huntington Beach; provided however that the provisions of this section shall not apply to any person firm or corporation with whom the City of Huntington Beach has entered into or may hereafter enter into a contract for the col- lection, removal and disposal of garbage or to any employee of such contractor during such time as such contract shall be in force. Section 3. It shall be the duty of every owner, manager or person in possession, charge or control of any boarding house, restaurant, hotel, apartment or eating house, and of every person occupying a dwelling or flat within the City of Huntington Beach, to provide or cause to be provided, and at all times to keep or cause to be kept, as in this ordinance prescribed, convenient port- able vessels, tanks or receptacles for holding garbage, and no other vessel shall be used for garbage in said City. Each such vessel, tank, or receptacle shall be of a form and style approved by the Board of Health of the City of Huntington Beach and shall be constructed of metal and shall be water tight, and shall be so constructed as to contain not less than three (3) nor more than sixteen (16) gallons, and shall be provided with a handle or handles on the outside thereof and shall have a tight fitting metal cover. Such cover shall not be removed except when necessary to place garbage therein or to remove garbage there- from, and at all other times said cover is to be in place on said tank, vessel or receptacle. Each such vessel, tank or receptacle shall be kept or placed in the manner following. Where there is an alley other than a blind alley in the rear of such premises, such vessel, tank or receptacle, shall be placed on the premises, within five (5) feet of the rear property line. Where there is no alley other than a blind alley in 30 ORDINANCE NO. 77 the rear of such premises and there is a side entrance to the rear of such premises, each such vessel, tank or receptacle shall be placed on the premises at an accessible point not less than fifty (50) nor more than seventy-five (75) feet from the front property line. Where there is no alley other than a blind alley in the rear of the premises nor such side entrance, each such vessel, tank or receptacle, shall be placed on the curb in front of the premises; all such depositing of garbage cans to be.made during or for the hour fixed for the collection of garbage therefrom and to be accessible to the garbage collector at such hour. Section 4. It shall be the duty of every owner, manager or person in possession, charge or control of any boarding house, restaurant, hotel, apartment or eating house, and every person occupying a dwelling or flat within the City of Huntington Beach, to provide or cause to be provided, and at all times to keep or cause to be kept, convenient portable vessels, tanks, receptacles or boxes for holding trash. Each such receptacle for trash to be accessible to the garbage collector, when called for, by being placed along side the garbage receptacles, mentioned in Section 3 of this Ordinance. Section 5. It shall be unlawful for any person, other than the owner of said receptacle or any officer or employe of said City, or an employe of the person, firm or corporation holding a contract with the City of Huntington Beach for the collection, removal and disposal of garbage to interfere in any manner with any such garbage vessel, tank or receptacle. It shall be unlawful for any person to place or cause, or permit to be placed in any such garbage vessel, tank or receptacle any substance other than garbage. Section 6. It shall be unlawful for any person, firm, or cor- poration to deposit or cause or permit to be deposited, any garbage or trash upon or in any public street, alley or other public place or upon any premises in the City of Huntington Beach. Section 7. The City of Huntington Beach shall enter into a contract with some responsible contractor to collect all trash and garbage from all the various trash and garbage cans or receptacles in the City of Huntington Beach, at the times and in the manner to be prescribed in said contract, which contract shall run for a period of not more than three (3) years, and which contract shall be accompanied by bond in the penal sum of Two Hundred Fifty ($250.00) Dollars, with two (2) good and sufficient sureties to the effect that the contractor will faithfully perform his contract and comply with all the Ordinances of the City of Huntington Beach, relating to the care and control of garbage, refuse, filth and trash. The City of Huntington Beach, may in awarding such con- ORDINANCE NO. 77 31 tract for hauling garbage and trash as herein provided, advertise the same for bids. Section 8. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punishable by a fine in a sum not exceeding Three Hundred ($300.00) Dollars or by imprisonment for a term for a period not exceeding ninety (90) days or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a seperate offense for any day, during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this Ordinance. Enacted April 21, 1911. ORDINANCE NO. 80 33 ORDINANCE NO. 80 —O— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROHIBITING THE THROWING OR DEPOSITING OF ANY TRASH OR OTHER RUBBISH OR TIN CAN OR BOTTLES ON THE BEACH OF THE PACIFIC OCEAN IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. The Board of Trustees of the City of Huntington Beach do Ordain as follows: Section 1. It shall be unlawful for any person, firm or cor- poration to throw or cast or deposit or cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below high tide line, in the City of Huntington Beach, any glass, bottles, tin cans, nails, or any rubbish or trash whatsoever that is or may be or may become a menace to life or limb of any person or any bather in said ocean or on said beach or is or may be or may become sharp or. angular or jagged. Section 2. It shall be unlawful for any person, firm or cor- poration to throw or cast or deposit or cause to be thrown, cast or deposited on the beach of the Pacific Ocean below the high tide line in the City of Huntington Beach, any glass, bottles, tin cans, nails, or any rubbish or trash whatsoever. Section 3. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding Three Hundred ($300.00) Dollars or by imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment. Enacted July 7, 1911. \ / ORDINANCE NO. 82 35 ORDINANCE NO. 82 AN ORDINANCE PROVIDING A SYSTEM OF NUMBERING BUILDINGS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. All entrance from the public streets or highways of the City of Huntington Beach to buildings shall be numbered as hereinafter provided and not otherwise. The number of each and every entrance shall be placed upon or immediately above the door or gate closing such entrance; each figure of said numbers shall be at least two (2) inches in height and of corresponding width. Section 2. It shall be the duty of the City Engineer of the City of Huntington Beach to designate the respective numbers for buildings in the City of Huntington Beach, on request. Section 3. In all parts of the City of Huntington Beach lying West of the right of way of the Southern Pacific Railway Com- pany, buildings shall be numbered as follows: On the Northeast side of avenues and on the Southeast side of streets, even num- bers shall be used. On the South west side of avenues and on the Northwest side of streets, odd numbers shall be used. In all parts of the City of Huntington Beach lying East of the right of way of the Southern Pacific Railway Company, buildings shall be numbered as follows: On the East side of avenues and on the South side of streets, even numbers shall be used; on the West side of avenues and on the North side of streets, odd numbers shall be used. The even numbers in each block shall begin with a number having two (2) for its unit number and having zero for its ten part. The odd numbers in each block shall begin with a number having one (1) for its unit number, and having zero for its ten part. As amended by Ordinance No. 124. Section 4. The location of the doorway of the building shall determine the number to be used. Section 5. In all parts of the City of Huntington Beach lying West of the right of way of the Southern Pacific Railway Com- pany, numbers shall increase from the Southeast towards the Northwest of avenues and from the Southwest towards the North- east on streets. In all parts of the said City lying East of the right of way of the Southern Pacific Railway Company, numbers shall increase from South towards the North and from West to- wards the East. In all parts of said city, one number shall be 36 ORDINANCE NO. 82 allotted to each lot having a frontage of not more than forty (40) feet. In each lot or parcel of land having a frontage or more than forty (40) feet, one number shall be allotted to each twenty- five (25) feet or fraction thereof, of such lot or block. As amended by Ordinance No. 124. Section 6. The "hundred" part of each number shall be determined on the East side of the Right of Way of the Southern Pacific Railroad Company as follows: (a) Avenues and boule- vards shall be numbered in hundreds according to the hundred number of the respective block numbers at any designated point, (b) Streets shall be numbered in hundreds according to the "tens and units" part of the respective block numbers at any designated point. Section 7. The "hundred" part of each number shall be de- termined on the West side of the Right of Way of the Southern Pacific Railroad Company as follows: (a) Avenues shall be num- bered in hundreds according to the tens and units number of the respective block numbers at any designated points; (b) Streets shall be numbered in hundred according to the "hundreds" part of the respective block numbers at any designated point. Section 8. In any case not provided for in this Ordinance the City Engineer shall designate the number to be used. Section 9. Any person, firm or corporation who shall not obtain from the City Engineer the number for any building in.the City of Huntington Beach it may own or occupy and place said number as required by this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five ($5.00) Dollars or by five days Imprisonment or by both such fine and imprisonment. As amended by Ordinance No. 124. Enacted August 25, 1911. ORDINANCE NO. 84 37 ORDINANCE NO. 84 —O— AN ORDINANCE REQUIRING THE CLEANING OF CERTAIN WEEDS FROM PROPERTY IN THE CITY OF HUNTINGTON BEACH. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. All persons, firms or corporations owning any real property in the City of Huntington Beach are hereby required to keep said property free from weeds, whose seeds are of a winged or downy nature and are spread by the winds. Section 2. Any such weeds on any such real property in the City of Huntington Beach are hereby declared to be a nuisance. Section 3. It shall be the duty of the.Superintendent of Streets of the City of Huntington Beach to notify, in the manner hereinafter provided, the occupants and owners of any premises in this City to eradicate and remove, within ten (10) days from the receipt of such notice, all weeds whose seeds are of a winged or downy nature and are spread by the winds, from the property they own or occupy in the City of Huntington Beach, and that upon a failure to do so within ten days, the said City will cause the said weeds to be re- moved at the expense of said owner. Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant) and upon the owner, each a copy of such notice, directed to the owner, or if the owner be a non-resident of the City of Hunt- mgton Beach, by serving the occupant (if any), personally, and by mailing by registered mail, a like copy in writing to the owner at his last known address as shown by the last assessment of the said City.of Huntington Beach, if said address appears thereon, or if no address appears thereon the same shall be addressed to him at the City of Huntington Beach, or if there be no occupant, by posting a copy of the notice in a conspicuous place, upon each lot or legal subdivision of the said premises, and serving a copy upon the owner as herein before provided. Section 4. At the expiratoin of ten days from the sending or serving of the said notice, if the said weeds are not removed from the said property, the Superintendent of Streets shall thereupon re- port the said delinquency to the Board of Trustees of the said City of Huntington Beach, with an estimate of the probable cost of doing the work. The Board of Trustees must then order the said Super- intendent of Streets to do the said work, at the expense of the owner of said property, and provide for temporary payment of the same with the City funds; provided, that the said Board, may, in its dis- cretion, extend the time within which the work must be done. Section 5. At the completion of the work, the Superintendent of Streets must prepare a statement of the proceedings, reciting the 1 38 ORDINANCE NO. 84 existence of the nuisance, the description'of the property, the names of the owners and occupants, if known, the giving of the notice, the hearing by the Board of Trustees, the making of the order by the Board, the doing of the work and the cost thereof; which state-* ment must be signed and verified by said Superintendent of Streets, and filed in his office. The Superintendent of Streets shall then collect the said amount from the owner or owners of the said property by suit or otherwise, making the said charge a lien upon the said property by attachment or other levy. Section 6. Any person, firm or corporation, failing to clear his said property from said weeds after notice as provided in this ordinance shall be subject to a penalty of ten ($10.00) dollars in addition to the cost of cleaning said property, and the Superintendent of Streets shall cause suit to be brought in any court of competent jurisdiction to collect the same; provided, the collectoin of said penalty shall not be a bar to criminal prosecution for the same offense. Section 7. Failure to keep said property free from the said weeds as provided in section one of this ordinance shall be a viola- tion of this ordinance and is hereby declared to be a misdemeanor and for every lot so overgrown with weeds as set forth in section one of this ordinance and not cleaned after notice as herein provided in section two, of this Ordinance there shall be counted a separate violation of this ordinance and that or any other violation of this Ordinance shall constitute a misdemeanor, and any person violating the same or any part thereof shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be punishable by a fine note ex- ceeding fifty ($50.00) dollars or by imprisonment for a period not exceeding fifty days or by both such fine and imprisonment. Enacted October 20, 1911. ORDINANCE NO. 87 39 ORDINANCE NO. 87 --0— AN ORDINANCE PRESCRIBING CONDITIONS AND REGULA- TIONS UNDER WHICH PERSONS OR CORPORATIONS MAY ESTABLISH AND MAINTAIN WORKS FOR SUPPLYING THE INHABITANTS OF THE CITY OF HUNTINGTON BEACH WITH LIGHT, WATER, POWER, HEAT, TRANSPORTATION, TELEPHONE SERVICE AND OTHER MEANS OF COMMUNI- CATION. Section 1. It shall be unlawful for any person, firm, or cor- poration to establish or operate or establish and operate public works for supplying the inhabitants of the City of Huntington Beach with light, water, power, heat, transportation, telephone service or other means of communications, contrary to the provisions of this ordinance. Section 2. It shall be unlawful for any person, firm or cor- poration to lay or construct any pipe line, ditches, flumes or conduits or to erect any telegraph, telephone or electric light or transmission poles in or on any walk, street, alley or public highway or place in the City of Huntington Beach, or to stretch any wires along or across alleys, walks or other public places in the City of Huntington Beach for the purpose of supplying the inhabitants of said city with light, water, power, heat, transportation, telephone service or other means of communication or for any purpose, contrary to the provi- sions of this ordinance. Section 3. Any person, firm or corporation desiring to do any of the.things..mentioned.in section 1 and 2 or sectiolis 1 or 2 of this ordinance shall first obtain from the City of Huntington Beach a franchisee from said city so to do, which said franchise shall be granted by said city only in accordance with the provisions of the statutes of 1905; page 777 of the State of California, as amended, and with all the statutes of the State of California applying to the granting of franchises by municipal corporations. Section 4. Any person, firm or corporation desiring to do any of the things mentioned in Sections 1 or 2 of this ordinance shall, before commencing work, file with the Superintendent of Streets of the City of Huntington Beach a good and sufficient bond in the sum of Five Hundred ($500) Dollars to be approved by said Superin- tendent of Streets, conditioned that said person, firm or corporation will well and truly restore the said street, alleys, walks and public places, after the completion of their said work to the same and as good condition as that in which they were at the time that said work was commenced. Enacted January 5, 1912. ORDINANCE NO. 103 41 ORDINANCE NO. 103 AN ORDINANCE REGULATING AND ESTABLISHING THE LOCA- TION FOR ALL UNDERGROUND STRUCTURES, SEWERS, GAS MAINS, WATER MAINS, TELEPHONE AND TELEGRAPH CONDUITS, AND ALL OTHER STRUCTURES OF PUBLIC UTILITIES WITHIN THE. STREETS, ALLEYS, AND PUBLIC PLACES WITHIN THE CITY OF HUNTINGTON BEACH. —O— The Board of Trustees of the City of Huntington Beach do. ordain as follows: Section 1. All sewers, water mains, gas mains, electric con- duits, and any other pipe or conduit lines or manholes, are hereby required to be laid in accordance with the following rules: Section 2. Alleys shall be used for all pipes, conduits, mains, and manholes, where possible; and plans and profiles for the same showing location, depth, and size, shall be filed with the City En- gineer in the office of the City Clerk of said City for record, and approved by the Board of Trustees before work is commenced. And all of said work shall be constructed and built under the supervision and direction of and to the satisfaction of the City Engineer of said City. Section 3. Paragraph 1. • Water mains and laterals shall be laid with their center lines in the center lines of alleys or streets. Paragraph 2. Sewers shall be laid with their center lines three feet southwest in northwest street and alleys, and three feet north- west in northeast streets and alleys, and three feet south in east and west streets and alleys, and three feet west in north and south streets and alleys, measured from the center lines of said streets and alleys. Paragraph 3. Gas mains and laterals shall be laid with their center line three feet from the center lines of streets and alleys on the opposite side from sewers. Paragraph 4. Electric conduits shall be laid with their center lines five feet from the center lines of streets and alleys, and on the same side as sewers. Paragraph 5. Any other conduit or pipe line shall be laid so that the center line will be five feet from the center line of the street or alley, and on the the same side as the gas mains and laterals. Section 4. Where mains must be run in streets on account of there being no alleys available, special locations for the lines on either or both sides thereof, or in the parking strip of the sidewalk, 42 ORDINANCE NO. 103 may be made by permission of the City Engineer and the Board of Trustees. Section 5. Any violation of any of the provisions of this Ordinance shall constitute a misdemeanor, and every person, firm, or corporation found guilty of violating any of said provisions shall, upon conviction thereof, be fined in the sum of not more than One Hundred ($100.00) Dollars, or by imprisonment of not more than one month in the City Jail of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the City Recorder may direct, or be punished by both such fine and imprisonment; and i'urthermore, any person or corporation holding a franchise in said City for the purpose of conducting any public utility, who shall be guilty of the violation of any of the provisions of this Ordinance, shall, in addition to the above penalties, be subject to have any such franchise cancelled and annulled by the Board of Trustees of said City. Enacted October 18, 1912. ORDINANCE NO. 141 . 43 ORDINANCE NO. 141 --4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO- VIDING AN ANNUAL LICENSE FOR ATHLETIC AND SPAR- RING EXHIBITIONS AND PROVIDING RULES AND REGULA- TIONS FOR ATHLETIC AND SPARRING EXHIBITIONS. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm, or cor- poration, association or club to hold; manage, conduct or present any boxing or sparring exhibition within the City of Huntington Beach without a permit therefor first had and obtained from the Board of Trustees of said City. That any person, firm, corporation, asso- ciation or club having a permit so to do may hold, manage or con- duct a boxing or sparring exhibition within said City upon complying with the rules and regulations as may be hereafter adopted by the Board of Trustees of the City of Huntington Beach. Any person, firm, corporation, club or association desiring to obtain a permit to conduct, hold, manage, or present a boxing or sparring exhibition may present an application for a permit so to do to the said Board of Trustees, which application shall state the time, place, name of person who.is to actively manage and conduct said exhibition and shall be accompanied by a license fee, which is hereby fixed at the sum of ($5.00) Five Dollars, for such exhibition. Upon receipt of said application and fee, the Board of Trustees shall have the right and power to interrogate any person or persons connected with said exhibition and if after due consideration of said application the Board of Trustees shall determine that said exhibition will not be de- trimental to public morals, and that the applicant is a suitable and proper person to manage and conduct said exhibition, they may grant a permit therefor. (As amended by Ordinance No. 245.) Section 2. Any athletic or sparring exhibitions held by any such club shall comply strictly with the provisions of the Laws and Statutes of California relating to such athletic and sparring exhibitions. Section 3. No intoxicating liquors shall be permitted to be used, drank, sold, vended or given away at any athletic or sparring exhibitions held or given by any such club, and no boisterous or improper conduct shall be permitted at any such athletic or sparring exhibitions. All peace officers of the City of Huntington Beach shall be entitled to attend, free of charge, any athletic or sparring exhibitions given by any such club under the provisions of this Ordinance, and any of said peace officers may stop any perform- ance or exhibition given by said Club at any time that the same 44 ORDINANCE NO. 141 shall in the judgment of said officer become boisterous, brutal, or improper. Section 4. The Board of Trustees shall have the right at any time to revoke any license issued to any such Club, whenever in the judgment of said Board of Trustees, said Club shall have failed to comply with any provisions,of the State law, or with any pro- visions of this Ordinance. Enacted July 31, 1922. ORDINANCE NO. 148 45 ORDINANCE NO. 148 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO- HIBITING THE USE OF ANY FISHING NET OR SEINE WITH- IN 1000 FEET OF ANY PIER IN SAID CITY. —O— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful to set, draw, or use any fishing net or seine of any form or description in the Pacific Ocean at any point or place within the City of Huntington Beach, California, less than 1000 feet from any wharf, dock or pier located in the said City, except that small nets may be used from a pier for catching bait, crabs, lobsters or crawfish. Section 2. Any violation of the provisions of this Ordinance shall be deemed a misdemeanor, and each and every person found guilty of violating any of its provisions shall upon conviction thereof be fined, not to exceed ($50.00) Fifty Dollars, or be imprisoned, not more than thirty days, or be punished by both such fine and imprisonment. Enacted November 6, 1914. ORDINANCE NO. 152 47 ORDINANCE NO. 152 —O— AN ORDINANCE REGULATING MOVING PICTURE EXHIBI- TIONS AND ENTERTAINMENTS AT WHICH MOVING PIC- TURES ARE EXHIBITED. —O— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm or cor- poration to hold, conduct or carry on, or to cause or permit to be held, conducted, or carried on, any moving picture exhibition, or any entertainment at which moving pictures are exhibited, without a permit therefor in writing, granted by the Board of Trustees of the City of Huntington Beach, as hereinafter provided. Any person, firm or corporation desiring to obtain a permit to hold, conduct, or carry on a moving picture exhibition, or any entertainment at which moving pictures are exhibited, shall file an application in writing therefor with the Board of Trustees of the City of Huntington Beach, specifying the place where such exhibition or entertainment is proposed to be held, conducted or carried on, which said applica- tion-shall be signed by the applicant. Section 2. That no permit to hold, conduct or carry on a mov- ing picture exhibition, or any entertainment at which moving pic- tures are exhibited, shall be granted by the Board of Trustees of the City of Huntington Beach, unless the building or room in which such exhibition or entertainment is to be held, conducted, or carried on, shall conform to the requirements of this Ordinance. . That the City Clerk shall not issue any license to hold, conduct or carry on a moving picture exhibitop, or any entertainment at which moving pictures are exhibited, until the Board of Trustees of the City of Huntington Beach, shall have granted a permit therefor, as pro- vided in this Ordinance. Before any such permit shall be granted by the Board of Trustees of the City of Huntington Beach, the Building Inspector and .the City Electrician, of Huntington Beach shall certify to the said Board that they have inspected the place where such exhibition or entertainment is proposed to be held, conducted or carried on, and the rooms, enclosures and equipment thereof, and that the same conform to the provisions of this Ordinance. Section 3. That any room in which a moving picture exhibi- tion or entertainment at which moving pictures are exhibited, is held, conducted or carried on, shall be on the first or ground floor, or sidewalk level, and shall front on a public street, and the back, or rear, of such room or one side thereof, shall abut upon a public street or alley. No moving picture exhibition or entertainment shall be held, conducted or carried on, in a building, house, barn, shed or structure the outer surface of the walls of which are in whole or in part constructed or built of wood or other combustible mate- 48 ORDINANCE NO. 152 rial, and all wooden roofs of such buildings shall be covered with fire-proof roofing. Section 4. (a) Every room in which a moving "picture ex- hibition or entertainment is conducted which has a seating capacity of 100 persons, or less, shall have at least one exit, in the rear thereof not less than five feet wide, or two, 3 feet wide, and not less than six feet and eight inches high, opening directly upon the street or alley at the rear or side .of such room so used or occupied, or opening upon vacant land under the charge or control of the•man- ager or person in charge of such moving picture exhibition or en- tertainment:and-,adjoining the rear or side of the building or por- tion thereof, where such exit is located and being not less than ten feet in width and leading and opening without obstruction, to and upon a•,stree.t or alley. (b). Every room in which a moving picture exhibition or entertainment is conducted and which has a seating capacity.of more than.100 and not more than 250 persons, shall have one exit in the.rear thereof, not less than six feet wide, or two exists, each of which shall be not less than three feet wide. All exits shall be not less than six feet eight inches in height, and shall open di- reetly into.th.e..street or alley at the rear or side of such room so used or occupied, or opening upon vacant land under. the charge or control of the manager or person in charge of such moving Pic- . ture exhibition. or entertainment.and adjoining the rear or side of the building or portion thereof .where each such exit is located, and.being not less than ten feet in width and. leading -and open- ing, without obstruction, to and,upon a street or alley. (c). Every room in which a,moving picture exhibition or en- tertainment is conducted which has a seating capacity of more than.250,'and not :more than 500 persons, shall.have two exits, .in the rear thereof, each of which shall not be less than 3 feet wide and 6 feet. 8.,inches high, and shall open directly into the street or alley at the,rear or side of such room so used or occupied, or opening upon a vacant land under the charge or control of the manager, or person in charge of such. moving picture exhibition or entertainment and.adjoining the rear or side of the building or. portion,thereof where each such exit is located and being not less than ten_ feet in width and leading and opening, without obstruc- tion, to and upon.a street or alley. (d). Every room in which a moving picture exhibition or en- tertainment is conducted, which has a. seating capacity of more than 5.00. persons, shall have two exits: in the rear thereof,. each of, which, shall-,.not:be less,than six feet wide and six feet.8 inches high and shall open directly into the street or alley at the.rear or side of such room:so used or occupied, or.opening upon vacant land under the charge or control of the manager or or person in charge of such. moving .picture exhibition or entertainment and adjoining the rear. or side of.the building or portion thereof where each such exit is located, and.being not less than, ten feet in .width and leav- ORDINANCE NO. 152 49 ing an opening, without obstruction, to and upon a street or alley: (e). Every exit door shall be so hung that it will swing to the exterior of the room and shall not be locked or fastened during the progress of any exhibition or entertainment in any man- ner, except by a small catch or spring upon the inside, which will readily yield to' the pressure of one person from within. Section 5. Over every exit there shall be placed on the inside of the building or room used for the purpose specified in this Ordi- nance the word "EXIT" in legible letters not less than three inches in height, on a red glass panel with two electric lights, of not less than eight candle-power each, directly behind such panel, on a circuit independent of all other lights in said building, and in- dependent of the electric energy furnished to operate the machine used for the production of the moving pictures. Section 6. It shall be unlawful for any person to place or maintain any chair, sofa, settee, stool, seat, or any other obstruc- tion whatever in any aisle, or in any passageway exit or doorways, leading to or from, any room in which any moving picture ex- hibition or entertainment is held, conducted or carried on, during the time when such exhibition or entertainment is being so held, conducted or carried on, or to admit to, or cause or permit any person to be or remain upon the floor of any such room, in excess of the number of seats provided for the floor thereof, except the necessary ushers and other attendants whose services are required in and about the conducting of such exhibition or entertainment, and it shall be unlawful for any person to stand or remain in any such aisle, passageway, exit or doorway during the time when such exhibition or entertainment is being held, conducted or car- ried on. Section 7. In every room or enclosure in which any moving picture exhibition or any entertainment at which moving pictures are exhibited is held or conducted, which is not 'more than 20 feet in width and not more than 100 feet in depth, there shall be one aisle through the center thereof, not less than five feet in width, or one aisle on each side thereof, each not less than three feet in width. In every room or enclosure in which any moving picture ex- hibition or any entertainment at which moving pictures are ex- hibited is held or conducted, which is more than 20 feet in width and not more than 30 feet in width and not more than 100 feet in depth, there shall be two aisles from front to rear each not less than three feet in width.. In every room or enclosure in which any moving picture ex- hibition or any entertainment at which moving pictures are being exhibited, is held or conducted, the width of which is more than thirty feet, the total width of the. aisle space shall be not less than eight feet, and for each additional foot or fractional part thereof of increase in width of such.room over thirty feet, such total aisle space shall be increased not less than two inches, the minimum 50 ORDINANCE NO. 152 width of any aisle having seats on both sides thereof shall not be less than four feet and the minimum width of any aisle having seats on one side thereof shall not be less than three feet. All such aisles shall be maintained in such a manner that not more than six seats shall intervene between any seat and an aisle, provided, however, that where a depth of the seating space of such room is more than one hundred feet, across aisle shall be provided and maintained at or near the middle thereof not less than six feet in width, which cross aisles shall extend across such room as nearly as possible at right angles so as to connect all aisles running from front to rear. All seats shall be firmly secured to the floor and shall not be less than twenty-eight inches from back to back measured in a horizontal direction. (As amended by Ordinance No. 154.) Section 8. It shall be unlawful for any person, firm or cor- poration to use or operate or cause or permit to be used or operated, any moving picture machine, unless the same and the enclosure or room in which the same is operated conform to the following requirements: (a). Every moving picture machine must be placed in an en- closure or room rendered proof against fire by having the ceiling and walls protected with quarter inch asbestos covered with sheet iron of not less than Number 26 B. & S. gauge, and the floor cov- ered with sheet iron of not less than Number 20 B. & S. gauge, which covering shall be put on in a workmanlike and mechanical manner; or such enclosure or room may be rendered proof against fire in a manner approved by the Board of Trustees. Provided that if all sides and the ceiling or top of such enclosure or room are at least one foot from any woodwork, such enclosure or room may be constructed of sheet iron not less than Number 20 B. & S. gauge which sheet iron shall be "lock" lapped and riveted and sup- ported by angle -iron. (b). All openings into such enclosure or room must be ar- ranged so as to be closed entirely by doors or shutters constructed of the same or equally good fire resisting material as the walls of the enclosure or room itself and arranged to be normally closed. Every door of such enclosure or room shall open outward, shall close against a jamb and shall be provided with springs so placed as to keep such door closed. All work on such enclosure or room Fhall be done in a workmanlike and mechanical manner. (c). No trap door for entering any such enclosure or room will be permitted unless such enclosure or room shall be provided with an additional door. Every such enclosure or room must. be kept free .and clean of all inflammable.material of any kind what- ever. (d). The door or coverings for all other openings shall be held open by small cords suspended directly above the arc lamp ORDINANCE NO. 152 51 and shall be so arranged that when severed they will readily close all openings. (e). All openings for the operators' view and for the projec- tions of the picture shall be as small as possible, and shall not be larger than twelve inches by twelve inches. (f). Whenever required by the Board .of Trustees of the City of Huntington Beach each such enclosure or room shall be ven- tilated by an opening or flue made of galvanized iron not less than No. 20 B. & S.. guage substantially constructed and not less than twelve inches in diameter. Such flue shall extend to the outside of the building or into the chimney with a flue area of not less than sixty square inches. Such enclosure or room shall be as near as possible to the outside of the building and unless the vent for the same is installed in a vertical position shall not exceed fifteeen feet .in length, unless such vent is provided with an ap- proved forced draught. (g). Only slow burning wire shall be used inside of such en- closure or room except cord for room light. (h). All portable cord for cunnecting th; arc lamp shall be as short as possible. M. The circuit supplying the current for the arc lamp shall be not less than Number 6 B. & S. gauge up to the operating switch. Such switch shall be not less than 35 amperes capacity, with fuses to protect such switch; and the same shall not be installed on.top of the support for the are lamp. (j). If such switch is on the under side of such support, the same must have an approved cover with handle projecting through the cover. Such switch shall disconnect the rheostat with arc lamp. (k). The rheostat shall be raised to a height of at least three inches above the floor and shall be properly enclosed and shall be surroundered with a substantial attached metal guard having a mesh not larger than one square inch, which guard shall be kept at least one inch from the ouside frame of the rheostat. The rheostat shall be installed in such enclosure or room herein mentioned, ex- cepting where permission is granted in writing to install the same elsewhere by the City Electrician. (1). All films not being used shall be kept in a metal box with a tight fitting cover and only those being used shall be kept in the operating room. (m). Extra sets of fuses of the type approved by the City Electrician shall be kept on hand and open link fuses will not be allowed. (n). The wiring of the auditorium shall be so arranged that a number of lights to light the auditorium sufficiently can be operated by a switch near the entrance door, independent of the 52 ORDINANCE NO. 152 switches in the enclosure room in which the•picture machine is located. (o). No cut outs other than for the .arc lamp shall be in- stalled or maintained in the enclosure or room in which the pic- ture machine is located and no wiring shall be installed or main- tained in such enclosure or room except such as is necessary for the control of the lights in the auditorium. (p). Every moving picture machine must be equipped with upper and lower magazines and automatic shutters. Section 9. It shall be unlawful for any person to place or permit to remain in any enclosure or room in which any moving picture machine is operated any open fire, .or any lighted cigar or cigarette or pipe. Section 10. That the provisions of this Ordinance shall not apply to any moving picture exhibition or any entertainment at which moving pictures are exhibited in any room or auditorium in any school building or church, in said city which exhibition is being conducted under authority and direction of the Board of Trus- tees of such school or church. Section 11. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed to be .guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $50.00 nor more than $500.00, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Enacted Feb. 12, 1915. ORDINANCE NO. 153 53 ORDINANCE NO. 153 -a- AN ORDINANCE REQUIRING THE REMOVAL OF FILTH, WHICH MIGHT FORM A BREEDING PLACE FOR FLIES AND RE- QUIRING FRUITS AND VEGETABLES DISPLAYED FOR PUB- LIC SALE TO BE SCREENED OR COVERED TO PROTECT THEM FROM FLIES. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm or cor- poration to permit any manure, garbage or other filth, which might form a breeding place for flies to accumulate for more than one week upon any premises in the City of Huntington Beach, Cali- fornia, owned, used or controlled by said person, firm or corpora- tion, and all manure, garbage and other filth, which might form a breeding place for flies, shall be removed at least once a week from the premises where the same has accumulated, or at least once a week shall be placed in and kept in a fly proof container. Section 2. All fruits and vegetables kept or displayed on side- walks for sale in the City of Huntington Beach, California, shall be screened or covered, so as to keep flies away from said fruits or vegetables. Section 3. Any violation of any of the provisions of this ordi- nance shall constitute a misdemeanor, and every person found guilty of violating any of said provisions shall upon conviction thereof be fined in the sum of not more than $300.00, or be imprisoned not more than three months in the city jail of the City of Hunt- ington Beach, if there be one, or in the County Jail of the County of Orange, as the City Recorder may direct, or be punished by both such fine and imprisonment. Enacted Feb. 19, 1915. ORDINANCE NO. 181 55 ORDINANCE NO. 181 AN ORDINANCE REQUIRING ALL PERSONS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DEALING IN SECOND- HAND MOTORCYCLES OR SECOND-HAND BICYCLES, JUNK, DIAMOND AND ALL PRECIOUS STONES, JEWELRY, SIL- VERWARE, OLD GOLD AND SILVER, CLOTHING, TOOLS, HARNESS, ROBES, WHIPS, GARDEN HOSE, FIREARMS, WATCHES OR MUSICAL INSTRUMENTS OR ANY AND ALL SECOND-HAND ARTICLE OR ARTICLES, TO MAKE OUT AND DELIVER DAILY TO THE CITY MARSHAL OF THE CITY OF HUNTINGTON BEACH, OR TO HIS ASSISTANTS OR REPRESENTATIVES A REPORT OF ALL PURCHASES .AND SALES OF ANY SUCH SECOND-HAND ARTICLES MADE BY THEM WITHIN ONE DAY NEXT PRECEDING SAID REPORT AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING PENALTIES OF VIOLATION THEREOF. —4— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That every person, firm or corporation buying, sell- ing, loaning money on, or otherwise dealing as a business in second- hand motorcycles or second-hand bicycles, diamonds, and all pre- cious stones, silverware, jewelry, old gold and silver, clothing, tools, harness, robes, whips, garden hose, firearms, junk, watches, or musical instruments or any other second-hand article or either or any of said articles within the City of Huntington Beach, California, and shall keep a record of all such articles so purchased which shall at all times during business hours be open to the inspection of the City Marshal or any police officer of the City of Huntington Beach, and shall daily make out and deliver to the City Marshal of the said City of Huntington Beach, or to the officer in charge at police headquarters on a blank form to.be. furnished by said City Marshal for that purpose, a true and complete report of all second-hand motorcycles or second-hand bicycles, diamonds and all other precious stones, silverware, jewelry, old gold, or silver, cloth- ing, tools, harness, robes, whips, garden hose, firearms, junk, watches or musical instruments or any other second-hand articles, or either or any of said articles or things purchased, sold or otherwise dealt in with or by such persons, firm or corporation within said City of Huntington Beach, the day preceding said report, together with the time (meaning the hour of day) when purchased or sold or otherwise dealt in or with, and the description of the person or persons from whom bought or to whom sold or with whom other- wise dealt with and also the true name as near as the same can be obtained by the person, firm or corporation making such report; said report shall be written in the English language in a clear, legible manner. Section 2. The City Marshal of said City of Huntington Beach 56 ORDINANCE NO. 181 shall immediately upon the adoption and publication of this ordi- nance cause such a number of blanks to be printed as may be nec- essary for that purpose and shall thereafter from time to time cause such additional blanks to be printed as may be required which said blanks shall be so printed and subdivided that they shall have space for writing in the following matters, to-wit: Number of pawn ticket; amount loaned or paid for article; description of articles purchased; description of articles sold; description of articles other- wise dealt with; name and residence of person, firm or corporation from whom purchased; name and place of residence of person, firm or corporation to whom sold; name and place of residence of person, firm or corporation with whom otherwise dealt with; de- scription of person to whom sold or with whom otherwise dealt with, showing true name as nearly as known; age, sex, complexion, color of mustache or beard or both where both are worn; style of dress; height, also the time when the articles were purchased, sold or otherwise dealt with. Each day all articles which were pur- chased the preceding day shall be displayed for inspection. Said blanks shall also bear a caption providing blank spaces in which to fill in the date of said report; the name and place of residence of person making the same and the hour of the day when made. Section 3. The City Marshal of said City of Huntington Beach shall deliver said blank to the person from whom said reports are required from time to time free of charge and shall upon receipt of said report file the same in some secure place in his office and the same shall be open to inspection only to the police department of said city, or upon order of some court duly made for that purpose. Section 4. Any violation of this Ordinance or any of the pro- visions thereof shall constitute a misdemeanor and shall be pun- ishable by a fine not exceeding One Hundred ($100.00) Dollars or by imprisonment in the City Jail for a period not exceeding fifty (50) days or by both such fine and imprisonment in the discretion of the court. Enacted Dec. 22, 1916. ORDINANCE NO. 189 57 r �+ ORDINANCE NO. 189 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, ESTABLISHING THE OFFICE OF POUNDMASTER AND DE- FINING HIS DUTIES, MAKING IT UNLAWFUL TO PERMIT CERTAIN ANIMALS TO RUN AT LARGE AND PROVIDING FOR IMPOUNDING FEES, DOG LICENSES AND FEES THEREFOR. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. The office of poundmaster is hereby established and the City Marshal of Huntington Beach shall be Poundmaster. Section 2. There shall be provided by the City a suitable en- closure to keep and safely hold all animals hereinafter enumerated and subject to be impounded, which shall be known and designated the City Pound. Section 3. It is hereby declared unlawful for any ox, steer, calf, ass, bull, cow, horse, colt, jack, mule, sheep, goat or hog to run at large in the City of Huntington Beach, or to be pastured or herded, staked or tied in any of the streets, lanes, alleys, public squares, parks or other public places belonging to or under control of the City of Huntington Beach or in such a way as to trespass in any manner upon the aforesaid public places. Section 4. It shall be the duty of the Poundmaster to take up, impound and safely keep any of the animals enumerated in Section 3 of this Ordinance found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, park or other place belonging to or under control of said city`contrary to the provisions of Section 3 of this Ordinance. When an animal is so impounded, the Poundmaster shall immediately notify the owner thereof, if known to him, and shall post three notices, one in front of the City Hall, of said City, and two other notices in other public places in said City of Huntington Beach. Said notices shall contain a description of said animal, and shall set forth that unless reclaimed said animal will be sold at public auction to the highest bidder, at a time and place to be specified in said notices, which time shall not be less than five (5) days nor more than ten (10) days from the posting of said notices, and if said animals are not reclaimed before the expiration of the time specified iri said notices, the Pound- master shall proceed to sell the same at the time and place and in the manner specified in said notices. Section 5. The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to.the Poundmaster of the costs and charges here- inafter provided in this Ordinance for impounding and keeping said animal,- or, if sold, to receive the proceeds of the sale thereof less the costs and charges aforesaid and costs of sale, within thirty 58 ORDINANCE NO. 189 (30) days after such sale, upon satisfactory proof of the ownership of said animals sold duly made before the City Clerk of the City of Huntington Beach. Section 6. It shall be the duty of said Poundmaster to safely keep all animals impounded by him and to give the same necessary food and water and all ordinary attention necessary for the welfare of said animals. Section 7. The Poundmaster shall collect from the owner, or any person seeking to reclaim any of the animals hereinafter men- tioned, the following sums, to-wit: For impounding any horse, bull, ox, ass, cow, jack, mule, steer, or colt, two dollars ($2.00) per head; for impounding any hog, sheep, goat or calf, one dollar and fifty cents ($1.50) per head; for keeping any horse, bull, ox, ass, cow, jack, mule, steer or colt, fifty cents ($.50) per head per day; for keeping any hog, sheep, goat or calf, twenty-five cents ($.25) per head per day; for posting notices and sale of any of said animals, one dollar ($1.00) each. Section 8. It shall be unlawful for any person in the City of Huntington Beach owning or having charge, care or control of any female dog to allow same to run at large upon any street or public place in said city while said female dog is in heat. Section 9. It shall be unlawful for any person, owning or hav- ing charge, care or control of any dog to have or to keep the same within the City of Huntington Beach, and no dog shall be per- mitted to be or remain within said city unless there shall be at- tached to such dogs a collar on which there shall be a metal tag, obtained from the City Tax and License Collector of said City, as hereinafter provided, and inscribed as hereinafter provided. The said City Tax and License Collector is hereby authorized and di- rected to procure each year, prior to the first day of April, such number of tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said tags shall be effective until the 31st day of March of the year next ensuing, and no longer. Said Tax and License Collector shall furnish tags to the owners or persons having charge, care or control thereof, applying therefor prior to August 1st of the year for which such tag is issued or within four (4) calendar months of the time when the dog for which application is made was acquired by the applicant, for the sum of one ($1.00) Dollar for each dog. If application is made after August 1st of the year for which such tag is issued, and more than four (4) calendar months after the dog, for which application is made, was acquired by the applicant, the fee there- for shall be increased fifty (50c) cents; provided, that if ap- plication is made for a dog which has been brought into the City of Huntington Beach after October lst of the year for which such tag is issued, the fee therefor shall be one-half of the regular fee as herein provided. The City Tax and License Col- lector shall keep a register wherein shall be kept the name of ORDINANCE NO. 189 59 the owner to whom tag has been issued and the number and date thereof. (As amended by Ordinance No. 380.) Section 10. It shall be unlawful for any person not the owner thereof and without the consent of the owner thereof, to hold or retain possession of any dog for a longer period than t twenty-four (24) hours, unless such person shall report the same with a true description thereof to the person in charge of the City Pound. d,- (be ection 11. It is hereby made the duty of- t _e Poundmaster f any Police Officer of said city to take ua all dogs found e streets, lanes, alleys, parks or other public places, ,or upon vacant, unoccupied or unenclosed lots, lands or/Premises n the corporate limits of the City of Huntington Beachun- a tag be attached thereto as in this Ordinance provided such a dog be taken u by a Police Officer, it shall be red by him to the Poundmaster.. All of said dogs shall pounded in the public pound. . Section 12. The Poundmaster shall keep confined at the City Pound, properly provided with food and water, for three (3) days, all dogs impounded by him unless such dogs be redeemed, by the payment of One Dollar ($1.00) pound fee, and a descr;p tion of all dogs impounded shall be posted for three (3) days; if not redeemed within three (3) days after the description thereof has been so posted they shall be killed by the Pound- master in some humane way and not in any other manner. Section 13. The word "dog" whenever used in this Ordinance shall be deemed to include female as well as male dog. Section 14. Any person owning or having charge, care or control of any dog, who shall permit or allow the same to run at large upon any street, lane, alley, park or other public place within the corporate limits of the City of Huntington Beach, and any person who shall permit or allow any dog to be kept or to remain upon any premises under his immediate control, unless such dog shall be registered and shall have a collar attached thereon, on which there shall be a tag inscribed as in this Ordi- nance provided, and any person failing to comply with the pro- visions of Section 8 thereof, shall be deemed guilty of a mis- demeanor, and upon conviction thereof; shall be punished by a fine not exceeding Fifty Dollars ($50.00) of by imprisonment for a period not exceeding fifty (50) days, or by both such fine and imprisonment. Section 15. Any person who shall imitate or counterfeit the tags in this Ordinance provided for, or shall use any imitation or counterfeit of such tag, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine not exceeding, Fifty Dollars ($50.00) or by imprisonment 60 ORDINANCE NO. 189 for a period not exceeding fifty (50) days or by both such fine and imprisonment. Section 16. Any person rescuing or attempting to rescue any animal mentioned herein from the possession of the Pound- master while engaged in conveying the same to the City Pound, or after said animal is confined in said pound, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Fifty Dollars ($50.00) or by imprison- ment for a geriod of not to exceed fifty (50) days or by both such fine and imprisonment. Section 17. If any animal impounded under the provisions of this Ordinance be not redeemed or sold within the time and in the manner specified in this ordinance, it shall be killed and disposed of by said Poundmaster in some humane way and in no other manner. Section 18. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Fifty Dollars ($50.00) or by imprisonment for a term not exceeding fifty (50) days or by both such fine and imprisonment. Enacted Feb. 8, 1918. T ORDINANCE NO. 190 61 ORDINANCE NO 190 —4— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE LICENSING OF JUNK DEALERS AND JUNK COLLECTORS AND REGULATING THE METHOD OF CONDUCTING BUSINESS OF SAME AND PROVIDING FOR THE COLLECTION OF SAID LICENSES AND FIXING A PENALTY FOR VIOLATION THEREOF AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person whether as principal or agent, owner or employee, either for himself or any other person, or for anybody, corporate or otherwise, or as officer of any corporation, to commence, or carry on, within the corporate limits of the City of Huntington Beach, the business of Junk Dealer of Junk Collector, without having first obtained from the City Clerk of said City, as hereinafter provided, a license from said City so to do. Section 2. (1) For the purpose of this Ordinance a "Junk Dealer" is defined to be a person, firm or corporation, having a fixed place of business in the City of Huntington Beach and engaged in conducting, managing or carrying on the business of buying, selling, collecting, or otherwise dealing in, either at whole- sale or retail, any old rags, sacks, bottles, cans, rubber, papers, metal or other articles commonly known as junk. (2). For the purposes of this Ordinance a "Junk Collector" is defined to be a person not having a fixed place of business in the City of Huntington Beach, who goes from house to house, or from place to place, gathering, collecting, buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. Section 3. Every person, firm or corporation, conducting, managing or carrying on the business of Junk Dealer within the limits of the City of Huntington Beach, shall pay for the license or permit to conduct said business the sum of Twenty- Five Dollars ($25.00) per year as hereinafter set forth and provided. Section 4. Every person, firm or corporation, conducting, managing or carrying on the business of Junk Collector within the limits of said City of Huntington Beach, shall pay for the license or permit to conduct said business, the sum of One Hun- dred Dollars ($100.00) per year as hereinafter set forth and provided. Section 5. Any person, firm or corporation desiring to obtain a license or permit under this Ordinance for the conducting or carrying on of the business of Junk Dealer or Junk Collector,. 62 ORDINANCE NO. 190 32 shall file an application in writing therefor with the Board of Trustees of said city, specifying by street and number the place where such business is proposed to be carried on, or in case of a Junk Collector, who has no fixed place of business within the city, then such application shall specify, by street and num- ber, his residence. Such application shall be signed by the applicant and shall contain the address of such applicant. Section 6. Upon receipt of said application, provided for in the preceding section, the Board of Trustees shall act thereon and if it is voted to grant said license or permit, the City Clerk shall be instructed, upon payment of the license fee in advance in legal currency of the United States, to isssue to such person, firm or corporation, a license or permit to conduct and carry on the business of Junk Dealer or Junk Collector within the City of Huntington Beach for the class of business and the period represented by the license fee so paid, provided however, that no license shall be issued for a period of less than one year. Section 7. In the event that any person, firm or corporation holding a license or permit to conduct or carry on the business of Junk Dealer or Junk Collector, shall violate, or cause or permit to be violated any of the provisions of this Ordinance, or any of the provisions of any other Ordinance, or of any law relating to or regulating such business or shall conduct or carry on such 1 business in an unlawful manner or shall permit or cause such business to be so conducted or carried on, the Board of Trustees may, in addition to the other penalties provided in this Ordinance, revoke the permit or license granted hereunder to conduct such business and all fees paid for such license, shall be forfeited to the city, provided, however, no permit shall be revoked until the person, firm or corporation holding the same shall have been notified and a hearing granted thereon. If the permit of any person, firm or corporation to conduct or carry on the business of Junk Dealer or Junk Collector, under the provisions of this Ordinance shall be, for any sufficient rea- son, revoked, no permit shall be granted to such person, firm or corporation to conduct or carry on in said city, such business within six months from date of such revocation. Section 8. No Junk Dealer or Junk Collector shall purchase for cash or otherwise obtain from any minor under 16 years of age any rags, sacks, bottles, rubber, papers, metal or other junk without the consent of the parent or guardian of such minor having first been obtained. Section 9. Any person, firm or corporation who buys, sells, receives, disposes of, conceals or knowingly has in his pos- session any automobile tire or casing, motorcycle tire or casing, automobile or motorcycle equipment, storage battery, parts, of automobiles or automobile accessory, from which the identification marks or serial number (if any such they have) has been ob- ORDINANCE NO. 190 63 literated or removed, defaced or changed, covered or destroyed, whether in whole or in part, for the purpose of depriving the owner thereof of his property therein, shall be guilty of a mis- demeanor. Section 10. All Ordinance or parts of Ordinances in conflict herewith are hereby repealed. Section 11. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed, guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00), or by imprisonment in the County Jail not to exceed ninety days, or by both such fine and imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offense for every day or fraction thereof during which any violation of any provision of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as hereinbefore provided. Enacted Feb. 22, 1918. ORDINANCE NO. 212 65 ORDINANCE NO. 212 —C�__ AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO- HIBITING THE PLACING AND MAINTAINING OF WAGONS, TRUCKS OR VEHICLES IN WHICH ANY BUSINESS IS CONDUCTED OR CARRIED ON, WITHIN FIRE DISTRICT NUMBER 1, OF SAID 'CITY. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That it is hereby declared to be unlawful for any person, firm or corporation to place, keep or maintain or permit or cause to be placed or maintained, either for himself or as an employer, employee, tenant, landlord, agent, owner or represent- ative, any wagon, truck, vehicle or other structure on wheels, wherein there is conducted a lunch counter, chili wagon, restau- rant or other place where meals, lunches, sandwiches, coffee or other food stuffs are served to the public, to be eaten on the place or in which any other business is conducted or carried on, within Fire District No. 1, of the City of Huntington Beach, Or- ange County, California. Section 2. Any person, firm or corporation, violating any pro- vision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not exceeding Three Hundred Dollars ($300.00), or by imprisonment, not exceeding thirty days (30) or both such fine and imprison- ment. Each and every day during which any such business shall be carried on within any such vehicle shall be deemed to be a separate offense. Enacted Feb. 28, 1921. ORDINANCE NO. 216 67 ORDINANCE NO. 216 —O— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, ESTABLISHING A POLICE DEPARTMENT THEREIN AND DEFINING THE DUTIES AND AUTHORITY THEREOF. -4— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 4. All subordinate police officers shall report to the Chief of Police each day, as to events occuring while such officers are on duty and all other information pertaining to general police regulations in the City which shall come to their notice. Section 5. The Chief of Police shall report to the Board of Trustees or to the President thereof, in writing without delay any derelection of duty or misbehavior of any Police Officer and shall attend upon any and all investigations that may be held by the Board of Trustees, touching the conduct of any Police Officer. Section 6. All Police Officers shall at all times be subject to the orders of the Chief of Police and shall be subject to call by the Chief of Police at any time during the day or night. Section 7. It shall be the duty of each and every member of the Police Department of the City of Huntington Beach to enforce impartially all the laws and statutes of the United States and of the State of California and all of the Ordinances of the City of Huntington Beach, within the limits of said City, and to perform such other and further duties as by statute and ordinance now exist- ing or hereafter enacted, may be imposed upon them in their capacity as Peace Officers. Section 8. Each and every member of the Police Depart- ment is hereby authorized to make arrests and detain prisoners in all cases where a peace officer is so authorized under the laws of the State of California. Section 9. Any person violating any of the foregoing Sections of this Ordinance or who neglects or refuses to do and perform the duties required by him is guilty of a misdemeanor and shall upon conviction thereof, by a court of competent jurisdiction be punished by a fine of not exceeding Three Hundred ($300.00) or by imprison- ment for a term not exceeding three (3) months or both such fine and imprisonment. Enacted June 13, 1921. ORDINANCE NO. 224 69 ORDINANCE NO. 224 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO- VIDING FOR THE LICENSING OF THE BUSINESS OF MAIN- TAINING, CONDUCTING AND OPERATING OF OIL WELLS AND DERRICKS WITHIN SAID CITY FOR THE PURPOSE OF REVENUE AND REGULATION. The Board of Trustees of the City of Huntington Beach do ordain as follows: (Ed. Note: Sections 1-2-3 superceded by Ordinance 434.) Section 1. It shall be unlawful for any person, persons, firm, co-partnership, association, syndicate or corporation, either as prin- cipal, officers, clerk, servant, agent, trustor, trustee, beneficiary, employer or employee, either for themselves or any person, per- scns, firm, co-partnership, association, syndicate or corporation or otherwise to engage in, conduct or carry on the business of drilling or exploring for, developing, producing any crude oil, petroleum, naptha, hydro-carbon, gas or kindred substances within the City of Huntington Beach, Orange County, California, without having first procured a license from said City so to do, as provided in this Ordinance and if any such person, persons, firm, co-partner- ship, association, syndicate or corporation, either as principal, officer, clerk, servant, -agent, trustor, trustee, beneficiary, employer or em- ployee, shall engage in, conduct or carry on the business of drilling or exploring for, developing or producing any crude oil, petroleum, naptha, hydro-carbon, gas or kindred substances, without having first procured such license so to do, he or they shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be pun- ished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for a term not exceeding three (3) months or both such fine and imprisonment. Each and every day or fractional part of a day that said business in this Orinance specified is con- ducted or carried on without such a license, shall constitute a violation of this Ordinance. The amount of such license shall be deemed a debt to the City of Huntington Beach and such person, persons, firm, co-partnership, association, syndicate or corporation shall be liable to an action at law with the City of Huntington Beach in any court of competent jurisdiction, for the amount of the license for such business, with costs of suit. ; Section 2. Any person, persons, association, firm, co-partner- ship, syndicate or corporation who operate within said City of Huntington Beach any oil derrick or .structure for the purpose of drilling a well for the discovery or production of, or for an attempt to discover or produce any crude oil, petroleum, naptha, hydro- carbon, gas or other kindred substancesoshall be deemed carrying on the business mentioned in Section 1 ,of this Ordinance whether or not the work is being operateycontinuously throughout the fiscal year or any part thereof. The operation of each such derrick or 70 ORDINANCE NO. 224 other structure so constructed for the purpose mentioned in this OrdinanceAhall be deemed and construed to be a separate business. (As amended by Ordinance No. 353.) "Section 3. The rate of license for the business herein specified shall be the sum of Twelve Dollars ($12.00) per annum payable annually in advance for one fiscal year or unexpired fractional fiscal year, which said license shall be for the period of one year from July 1st of each year to June 30th of the following year; provided that where license is issued for the unexpired part of the fiscal year the amount of license required shall be proportioned accordingly; provided, however, that the minimum license fee for an unexpired annual term shall not be less than one-fourth of the annual license fee, and provided further that this Ordinance shall not be construed to prevent or bar the collection of any license fee which has heretofore become due hereunder." (As amended by Ordinance No. 384.) Section 4. It shall be the duty of the City Clerk of said City to prepare and issue a license under this Ordinance for the person, persons, firm, co-partnership, association or corporation liable to pay a license hereunder, duly signed by the City Clerk and to state in such license: the date thereof; the period of time for which the same shall run; the name of the applicant or licensee; for whom issued; and the location or place of business where such business is to be carried on for that purpose, the City Clerk shall require any such person, persons, firm, co-partnership, association, syndicate or corporation to file an application signed by the licensee or some- one on its behalf, showing: 1. The name of the person, persons, firm, co-partnership, as- sociation or corporation on whose behalf the application is made. 2. The name of the builder (if said oil derrick or other structure is to be erected by contract). 3. The name of the contractor (if said well is to be drilled by contract). 4. A description of the property whereon said oil derrick or other structure is to be erected, giving the exact location thereof on the property. 5. The principal place of business of the applicant or licensee and whether or not it is a person, persons, firm, co-partnership, association, syndicate or corporation, and if a co-partnership, the names of the partners; if an association or syndicate, the names of the trustees or manager or general superintendent thereof; and if a corporation, the names of the principal officers thereof, which said application shall be verified by the applicant or some person in his or its behalf. The City Clerk is authorized to administer the oath of verification on such applications. 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 of what shall be actually due with all costs from any person, per- sons, firm, co-partnership, syndicate or corporation liable therefor. ORDINANCE NO. 224 71 e Said City Clerk shall deliver such license to the City Marshal or the City License Collector of said City for collection, taking his receipt therefor, and the said City Marshal or said City License Collector shall proceed to collect the same, 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 during the previous month, and he shall pay over to the City Treasurer of said City, the amount of all licenses collected by him for the previous month, and he shall take a receipt of the City Treasurer for same, which he shall file with the City Clerk and shall report the amount thereof, together with the amount of the delinquencies, to the said Board of Trustees at its first regular meeting in each month. No license for any such business carried on by any person delinquent for the payment of any license fee hereunder, shall be issued to such person, persons, firm, co-partnership,• syndicate or corporation, directly or indirectly, until the payment of all license fees due as specified in this Ordinance from such person, persons, co-partnership, firm, syndicate or corporatoin, together with all costs thereon. The Board of Trustees may require the City Attorney of said City to bring action for the recovery of said license fees as in this Ordinance provided. Nothing in this section contained, however, shall prevent a criminal prosecution 'as provided in Section 1 of this Ordinance. A-11 licenses shall be paid in advance in legal currency of the United States, at the office of the City Marshal or City License Collector. Every licensee under the provisions of this Ordinance shall keep such license posted and exhibited while the same is in force, in some conspicuous place in said place of business. The .City Marshal or City License Collector or any Deputy thereof or any member of the Police Department of said City, shall have the power: First: To enter free of charge at any time, any place of business for which a license is required and provided and to de- mand the exhibition of such license for the current term from any person, persons, firm, co-partnership, syndicate or corporation, engaged in or employed in the transaction of such business. If such person, persons, firm, association, co-partnership, syndicate or 'corporation shall then and there fail to exhibit such license, he or they shall be liable to the penalty as provided in Section 1 of this Ordinance. It is hereby made the duty of the City Marshal and City Li- cense Collector, and any Deputy thereof, to cause complaints to 72 OR.DINANCE NO. 224 be filed against all person, persons, firm, co-partnership, association, syndicate and corporation violating any of the provisions of this Ordinance. Section 5. The conviction of any person, persons, firm, associa- tion, co-partnership, syndicate or corporation for transacting any business without a license shall not excuse or exempt such a person from the payment of any such license due or unpaid at the time of such conviction for any violation of the provisions of this Ordinance. Section 6. Nothing in this Ordinance shall be construed as imposing a license or tax or otherwise regulating or restricting for- eign or interstate commerce, and any business thereof which is embraced in the term "Interstate Commerce" or in the term "For- eign Commerce" is not made subject to the license imposed by this Ordinance. Section 7. All licenses issued under this Ordinance, or any section 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 licenses; 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 to appear, 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 for- feited to the City. When the license of any such person is revoked, in no case shall another license be granted to the same person within six months of the date of such revocation. Section 8. That Ordinance No. 210 of said City, together with all other ordinances and parts of ordinances, insofar as the same are in conflict herewith or provide any other rate of license than that herein provided, be, and the same are hereby repealed, pro- vided, however, that said repeal shall not effect the provisions of said Ordinance No. 210 insofar as they apply to the licensing of any business, trade, calling or occupation not in this Ordinance specifically mentioned and provided further that said repeal shall not prevent or be a bar to the collection of any license first due under said Ordinance or the prosecution or punishment of any person who may have violated any of the said repealed Ordinance, but for the purpose of such collection, prosecution and punishment, the said Ordinance shall remain in full force and issue, and pro- vided further, that the licensee under any license heretofore legally issued upon any business herein provided to be licensed, shall be given credit for the proportion of the license fee heretofore paid by him, which the unexpired portion of the term provided in said ORDINANCE NO. 224 73 / license bears to the total term thereof, but nothing herein contained shall be deemed to excuse any person, persons, firm, co-partner- ship, association, syndicate or corporation liable to pay a license hereunder, from paying the same at the rate herein provided upon surrender of said license. Enacted Sept. 12, 1921. I ORDINANCE NO. 227 75 ORDINANCE NO. 227 O AN ORDINANCE REGULATING THE METHOD OF CONSTRUCT- ING PLUMBING, WORK, HOUSE DRAINAGE AND GAS FITTING. PROVIDING FOR THE INSPECTION THEREOF, AND THE ISSUANCE OF PERMITS THEREFOR, IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. The Board of Trustees shall appoint a Plumbing In- spector for the City of Huntington Beach, who shall hold his office during the pleasure of said Board. Section 2. It shall be the duty of said Plumbing Inspector to furnish to each and every person, firm, company or corporation, contemplating the construction of any plumbing or house drainage within the limits of said City, a permit for such work, upon the terms and conditions hereinafter set forth; it shall also be his duty to inspect such work, in the manner hereinafter provided. Section 3. Any and every person, firm, company or corporation carrying on the business of plumbing, constructing or assuming control of any plumbing or house drainage affecting the sanitary condition of any house or building situated within the limits of the City of Huntington Beach, shall first obtain a license therefor from the City Clerk of said City, and shall pay therefor the sum of One Dollar ($1.00) per month, payable annually in advance, and no such person, firm, company or corporation shall engage in the busi- ness or work of plumbing in said City without procuring such li- cense from said City Clerk. Section 4. Every master plumber, before he is granted a license i shall give a bond to the City of Huntington Beach in the sum of Five Hundred Dollars ($500.00) with two good an sufficient sureties or some bonding company, approved by the Board of Trustees, for the faithful discharge of his duties as master plumber, to secure any person ordering work done by him aainst damage, by reason ' of faulty workmanship, which sureties shall qualify that they are worth said sum in property over and above all liabilities and ex- emptions; which said bond shall be approved by the Board of Trus- tees of said City and shall be filed with the City Clerk thereof. At the expiration of his yearly license every person carrying on a business of plumbing, within thirty (30) days, shall again register and file a new bond as aforesaid. Section 5. Before commencing any work of plumbing or house drainage, the perrson, firm, company or corporation doing the same shall apply to the Plumbing Inspector for a permit to do said work. Section 6. In cases where building permit is necessary, the plumbing permit will not be issued until after the building permit 76 ORDINANCE NO. 227 has been issued. For said plumbing permit the inspector shall charge and collect at the following rate, to-wit: 1 to 4 fixtures ........................................$1.00 4 to 6 fixtures ........................................ 1.50 6 to 10 fixtures .......................................... 2.00 Additional over 10 fixtures ........................................ .10 each Section 7. All work done shall be subject to inspection both in a rough and finished state, and as soon as said work is ready for such inspection, the contractor or other person doing the same, shall notify the Plumbing Inspector thereof, and within forty-eight hours after such notification, the Plumbing Inspector shall inspect the same, and when said work is completed to his satisfaction, he shall grant to said contractor or other person a Certificate of Ac- ceptance; no plans shall be changed without the written permission of said Inspector, and no other permit shall be issued by him to any contractor or other person due from him as hereinafter in this section provided. All work shall be left uncovered and con- venient for examination until the same is inspected by the Plumbing Inspector and he must apply the water test; and all the necessary tools, labor and assistance for such tests shall be furnished by the contractor or other person doing the work or assuming control thereof, and such persons shall remove or repair any defective material or work when so ordered by the Plumbing Inspector. All soil-pipe, drain-pipe, trap, water-closet, urinal, sink or other fix- ture set up, or fitting or fittings laid, used or constructed other- wise, than in accordance with the provisions of this Ordinance, or which, in the opinion of the Plumbing Inspector shall be or be- come of bad or defective quality, upon notice, either verbal or in writing from him, shall be removed or repaired in the manner di- rected, and within the time fixed by the Plumbing Inspector and in case of any difference of opinion in regard to the efficacy or efficiency of said work or material that may arise between the person doing said work and the Plumbing Inspector, the decision of the latter shall be final. No charge shall be made by the Plumb- ing Inspector for the first inspection of rough work, or for the first inspection of finished work; but should extra visits for inspection become necessary then the Plumbing Inspector shall charge the sum of One Dollar ($1.00) for every such extra visit. Section 8. It shall be unlawful for any firm, corporation, or person, either as owner, agent or lessor to rent, lease occupy or make use of any house, building, tent or other structure in the City of Huntington Beach where plumbing work has been con- structed unless the owner, agent or lessee of said house or building shall have first procured from the Plumbing Inspector the final Certificate of Acceptance hereinafter mentioned. Section 8%. It shall be unlawful for any person, either as owner, agent or lessor to rent, lease, occupy or make use of any r house or building hereinafter constructed in the City of Huntington Beach when running water is available to such building or house unless said building or house is piped with running water and ORDINANCE NO. 227 77 equipped with at least one sink, and one water closet within each portion or apartment of said building or house which is under the control of a separate person or is occupied by a separate family. Each sink and water closet installed in any house shall be provided with sanitary drainage as provided in this Ordinance. Provided, however, that this section shall not apply to "camp grounds" as defined by the Building Ordinance of said City. Section 9. Any plumbing work or house drainage affecting the sanitary condition of any house or building in the City of Hunting- ton Beach, which may be or become of bad or defective quality or condition, or which is not constructed according to the provisions of this Ordinance shall be removed or repaired immediately after notice so to do is given by the Plumbing Inspector. Said officer is hereby given the power to condemn any such work, and such work shall be deemed condemned within the meaning of this Ordi- nance upon notice, given by such officer in writing' or verbal to the owner or tenant or occupant of the property to remove or repair such work as may be necessary. It shall be unlawful for any per- son to use or occupy or inhabit any house or building in which any such condemned plumbing exists until the same has been re- moved or repaired according to the requirements of this Ordinance and a Certificate of Acceptance issued as provided in this Ordinance. Section 10. Every house or building for which any house drain- age or plumbing attachments are constructed, shall be connected with the city sewer, when such sewer is provided on the street or alley upon which the property abuts, or when such house or building is within two hundred feet of said city sewer, whether such sewer is situated on a street, alley or on private prop- erty; but in case such sewer is not situated on a street or alley upon which the property abuts and such house or building be not within 200 feet of such sewer, such house or building shall be con- nected with a cesspool not less than 3 feet by 4 feet in dimension and down to good seepage gravel; such cesspool shall be situated not less than 5 feet from any property line, and no less than 10 feet from any dwelling house or residence; provided, however that if there is a building on the rear of a lot on the front of which there is another building, the same cesspool connections may be made with both buildings. Curbing cesspools not over three by four feet may be built of one inch redwood material with corner posts of three by four inch redwood; cesspools over that size shall be of 2 inch redwood with studding at least every four feet, which studding and corner posts shall be of three by four inch redwood or brick. Wood tops shall be 4 inch thickness and extend 6 inch beyond curbing. Brick cesspools shall have a strong brick arch top. All tops of cesspools shall be not less than 18 inches below the surface of the ground. Storm water shall not be connected with sewer or cesspool. DRAIN PIPE. Section 11. The drain from the soil-pipe to the public sewer or cesspool shall be laid on an even grade and straight with a fall of not less than one-quarter of an inch per lineal foot to a point 78 ORDINANCE NO. 227 on the line where an elbow may be placed from whence the said drain shall descend to the "Y" on said sewer at an angle of 90 degrees. All drains situated outside of any house or other building connected with the sewer or cesspools shall be of vitrified salt- glazed sewer pipe of the best quality and of not less than 4 inches in internal diameter; all joints therein shall be neatly made with Portland Cement composed of one part of said cement and two- parts of clean sand, and said joints shall be carefully swabbed out; all work must be left uncovered until the same has been properly tested and inspected. All changes of course in drain pipe must be made with one-eighth bends or "Y" and one-eighth bend; "T's" allowed in drain work. All sewer laterals extending to the public sewer shall be laid at a depth of not less than four feet at the property line. RULES FOR LAYING DRAIN PIPE: No sewer shall be opened except in the presence of the Plumb- ing Inspector, and care must be taken than no cement pipe or other material shall be used in making connections and shall be of such a length that they do not extend over 4 inches into sewer "Y" of chimney. Trench from main sewer to properly line to be flushed when filled. Two or more houses or other buildings cannot be jointly con- nected with the sewer in any street or alley except one be in the rear of the other. When two or more buildings or structures are connected with the house drain or sewer, the drain pipe system in each and every building or structure shall conform to the rules and regulations prescribed by this Ordinance. Section 12. The established average weights for cast iron soil- pipe are as follows, viz, per length of five feet: Standard Medium Extra Heavy 2-in. 171/2 lbs. 20 lbs. 271/4 lbs. 3-in. 221/4 lbs. 30 lbs. 471/2 lbs. 4-in. 321/2 lbs. 45 lbs. 65 lbs. 5-in. 42 lbs. 60 lbs. 85 lbs. 6-in. 52 lbs. 75 lbs. 100 lbs. 7-in. 75 lbs. 100 lbs. 135 lbs. 8-in. 85 lbs. 125 lbs. 170 lbs. 10-in. 115 lbs. 175 lbs. 225 lbs. 12-in. 165 lbs. 225 lbs. 270 lbs. 15-in. 225 lbs. 400 lbs. All soil pipes from one foot outside the walls of any house or building shall be of cast-iron, of standard thickness, and of the size hereinafter provided for in this Ordinance to drain such fixture. The vent pipes shall be extended up to and following the angle of the roof line on under side of same, and shall not be be brought to the outer air until the highest point in roof has been reached. A distance of twenty-four (24) inches measured from the top edge of ridge to the lower side of vent pipe on the angle of the roof therefor will be deemed to be sufficient, proved, however, in case ORDINANCE NO. 227 79 of a flat roof such vent piping need not be extended to the highest point of such roof, provided no vent pipe in such flat roof, shall terminate within ten (10) feet of any other building, and the terminal of all vent piping on any building or structure shall not be within ten (10) feet on any window, air intake or other opening in any such building or structure. Horizontal vent piping above the fixture level shall not exceed twenty (20) feet in length. A roof will be considered flat whose pitch or inclination is three (3) inches or less per foot. All roofs with a greater pitch than three (3) inches shall be deemed a pitch roof, and all vent piping shall be carried to the highest point as herein provided, and the minimum height of any vent from the ground shall be fifteen (15) feet. Waste pipe in all cases shall be of lead, wrought iron, or gal- vanized steel,_brass or cast iron and of the following sizes: For each bath tub, laundry tray or set of trays, or wash basin not less than one and one-half inches internal diameter; for each water- closet not less than four inches internal diameter; for each slop sink or slop hopper where the outlet is two inches or smaller, not less than two inches in diameter and if outlet is larger than two inches, the waste pipe shall not be smaller than three inches in- ternal diameter. For each urinal, not less than two inches internal diameter. Trap to fixture and its extension to wall excepted. For every sink used for kitchen purposes or otherwise, the minimum diameter of waste for kitchen purposes or otherwise, the minimum diameter or waste piping to such fixture shall be two inches internal diameter. Trap to fixture and extension to wall excepted. All horizontal soil or waste pipes shall be of cast iron, coated inside and out with tar, or of lead. All waste pipes other than horizontal may be galvanized wrought iron or galvanized steel pipe known as the "Durham System", and when the said "Durham System" is used the pipe shall be reamed to full size and screwed tight again the shoulder of fitting; the joints of all soil-pipes ex- cept those put in by the "Durham System" shall be made of oakum and pig lead, thoroughly caulked. Connections between wrought or steel pipes and cast iron fittings when the internal diameter of the fittings are larger than the external diameter of the pipe to be connected thereto, (either in waste, or vent pipe connections) shall be made by a coupling increaser screwed on the wrought iron or steel pipe before being caulked into the hub of the cast iron connection, so as to prevent obstructions in waste or vent pipe. The same shall apply between iron pipe connections to vitrified pipe. Every vertical stack or soil or waste pipe shall be provided with a brass trap screw ferrule at the foot or lower terminal there- of and with a clean-out or a trap screw ferrule at the end of each i horizontal pipe line and each latteral branch, except that such clean-outs or trap screw ferrules may be omitted in concealed work. All such clean-outs or trap screw ferrules installed in or under cement floors in any basement or cellar, or the first floor 86 ORDINANCE NO. 227 of any buildings shall be brought up where it is accessible at the finished floor. Every clean-out or trap screw ferrule required by this Ordinance shall be installed in such manner as to be readily accessible.Any such clean-out or trap screw ferrule shall have a clearance of eighteen (.18) inches from any pier, foundation, wall, partition, grider, or any other structural part of the building which would tend to obstruct the accessibility,of the same. Trap screw ferrules shall be of the same diameter as waste or lateral run. Every change or direction of any soil or waste pipe shall be made with a full "Y" branch and % bend. No "T" or Sanitary "T" branch shall be used except in a perpendicular stack. The drain pipe from any refrigerator, ice box or other space where provisions are stored, shall not be directly connected with any soil-pipe or sewer, nor with any drain or waste line serving, or emptying into a line which serves, fixtures of any other nature, except drinking fountains, but may terminate with an open pipe emptying into an open and water supplied sink. Water-closet com- partments shall open into the open air or shall be ventilated by means of a window, air-shaft or duct. (As amended by Ordinance No. 278.) All plumbing installed in old buildings to conform as nearly as possible with this Ordinance. TRAPS Section 13. Every water-closet, sink, slop hopper, bathtub, and every tray and set of wash trays or other vessels connected with any drain pipes shall be separately and effectively trapped. All traps shall be placed as near the fixture as possible and in no case farther than two feet from said fixture, and set true to its seal. Size of traps: Water closets not less than four inches. Slop hoppers not less than two inches. Wash-basins not less than one inch and a half. Bath tubs, wash trays, sinks, urinals, and other fixtures not less than one and one-half inches. Where trap on bath tub is between floor and ceiling, it must not drop lower than within one inch of the lathing. All sinks in laundries or in kitchens of hotels or boarding houses accommodating more than twenty persons shall be provided with suitable and approved grease-trap, of a capacity of not less than five gallons, net. All large grease-traps shall be situated outside the walls of the house or other building to which they are attached where a free circulation of air can be obtained. Every carriage wash or area drain, shall be trapped by a sand trap of not less than 12xl2xl2 inches, constructed of brick and cement or vitrified stone pipe with cement bottom. The water seal ` of this trap shall be constructed by inverting its waste line. A water seal of less than four inches is prohibited and the minimum size of waste pipe shall be three inches. Such trap need not be ORDINANCE NO. 227 81 vented. Any fixture in a building (Water closets excepted), where it is impracticable on account of any structural features to conform to all provisions of this Ordinance, may be trapped with drum trap without reventing such trap. VENTS Section 14. Every building in which a water closet is installed and the waste pipe from such fixture is connected to the sewer or cesspool, the minimum diameter of the vent pipe from such fix- ture is installed, other than a water closet, and there is not a four inch vent pipe through the roof of such building, the minimum size vent pipe from such fixture through the roof shall be the same diameter as the waste piping installed for such fixture. All vent pipes and fittings shall be either cast iron, asphaltum dipped, or galvanized wought iron or galvanized steel. All vents and extensions above the highest fixtures if cast iron, may be standard pipe. All traps and fixtures shall be separately and effectively vented, with an air pipe or diameter not less than that of such trap; except in case of a trap larger than two inches in diameter in which the air pipe shall not be less than two inches in diameter. Provided, that a single pipe may be used to vent two traps through the same fitting, when such fitting has effective means to prevent the drain- age from one trap entering the other trap and is made in one piece of metal without loose or attached parts, and all vent pipes within a radius of twelve feet may converge into one pipe the size of which shall be governed by the provisions of this section. No vent shall terminate within ten feet of any window air-shaft or opening of any house, and the same shall be farther removed by the inspector if he deems it necessary, or all vents may be connected into the main stack not less than six feet above the highest fixture in the system. All vents shall be of the same size as the traps, provided, that if more than one fixture shall be vented, the size of such pipe shall be as follows: For more than one and not exceeding more than two fixtures, one and one-half inches in internal diameter; for more than two and not exceeding six fixtures, two inches in internal diameter; for more than six and not exceeding eight fix- tures, three inches in internal diameter; for more than eight and not exceeding twelve fixtures, four inches in internal diameter. All vent pipe from water-closets shall not be less than two inches in internal diameter, and where more than one closet is vented through the same pipe, the internal diameter of the same shall be as follows: For more than one and not exceeding four closets, two inches; for more than four and not exceeding eight closets, two and one- half inches; for more than eight and not exceeding fourteen, three inches, more than fourteen and not exceeding twenty, four inches. All vents extending in a horizontal direction shall have a fall 82 ORDINANCE NO. 227 of not less than one-quarter of an ipch to the foot. All vents shall rise perpendicularly to a point six inches above the fixture to prevent back water from entering therein. In order to prevent waste water from entering vent pipes, every branch or branch fitting for a vent pipe or special air-pipe shall form an angle of not less than 45 degrees with that portion of the waste pipe with which it is connected, lying in the direction from which the waste water flows in such waste pipe, and that if such waste pipe is not vertical, be placed on the upper side thereof. (As amended by Ordinance No. 278.) LEAD PIPE CONNECTIONS Section 15. Every connection between lead piping shall be made by a wiped joint. Every connection between soil-pipe and lead or between wrought iron pipe and lead shall be made with brass ferrules or brass solder nipples and its joining shall be wiped. Bolted or copperbit, cup or flush solder joint are prohibited in all cases. Section 16. No water-closets shall be put into any house or building except those flushed by a tank containing not less than four gallons of water. Plunger closets or front washouts shall not be used, provided, however, that Flusho-Meter-Valve System may l be used. Philadelphia hoppers or any other direct supply closets are prohibited in all cases. Section 17. Before any fixtures are placed in connection with the plumbing of any house or other building or any part of the drainage system herein is covered or concealed from view, the out- let of the soil-pipe and all openings into it below the top thereof, shall be sealed; the pipe shall then be filled with water to the high- est point in the system. Defective pipes and fittings of all kinds shall be removed and replaced by sound material; cement work of whatsoever description is prohibited and every part of said work shall conform with the provisions herein made and shall be subject to the approval of the Plumbing Inspector. GAS WATER HEATERS Section 18. Every gas water heater hereinafter installed for use, for the purpose of heating water in any enclosed building in the City of Huntington Beach, California, shall be provided with a vent pipe not less than 3 inches in diameter and not less than the smoke or fume outlet from said heater and extending through and undiminishing in size and at least 12 inches above the roof of the building where the same is installed and shall have a storm- proof cap on the top of said pipe. There shall be a double galvanized pipe extending from point of entering room to outside of roof, covered with asbestos paper whenever within three inches of wood with a clear air space between, of not less than 1/4 inch, provided, how- ever, that any gas water heater fixture may be vented into any brick, stone or composition chimney or flue, which shall have a ORDINANCE NO. 227 83 capacity, an outlet in excess of the outlet provided for on the gas water heater. In every bath room or closet where any such heater is in- stalled, there shall be provided an air inlet and air outlet inde- pendent of door or windows. The air inlet shall be located in or near the floor and the air outlet through the ceiling or in the wall contiguous thereto. The minimum area of such air inlets and air outlets shall be thirty-six (36) square inches. That from and after the date this Ordinance becomes effective it shall be unlawful for any person, firm or corporation to erect or install, or cause or permit to be erected or installed, any gas water heater in any bed room or bath room of any building or other structure, erected, constructed or maintained in the City of Hunt- ington Beach. GAS PIPING PERMITS REQUIRED Section 19. It shall be unlawful for any person, firm or cor- poration to commence or to do or cause to be done, or to construct or cause to be constructed, or to use or cause to be used, except for service pipes, meter and meter connections, any gas pipe or gas fitting or to make any alterations or changes or additions to any gas pipe or any gas fitting in any building or structure or any portion thereof in the City of Huntington Beach, without first ob- taining a permit from the Plumbing Inspector so to do. Any person, firm or corporation desiring a permit for any of the purposes enumerated in this section, or a permit for the inspec- tion of testing of any gas pipe already installed in any building or other structure in said City, shall make application in writing to the Plumbing Inspector, giving such information as said Board may require on blanks to be furnished for that purpose, and it appears therefrom that the work to be performed thereunder is to be done according to the regulations contained in this Ordinance governin. the construction, inspection and testing of such work, a permit shall be issued upon payment of the fees as fixed by Sec- tion 6 hereof. INSPECTION OF GAS PIPING Section 20. All gas fitting work done under permit shall be subject to the inspection and tests hereinafter prescribed,and notice shall be given to the Plumbing Inspector by the person, firm or corporation doing such work or causing the same to be done,.im- mediately after said work is ready for inspection. Such notice must be in writing, and no inspection shall be made by the Plumbing Inspector until such notice has been filed in his office with said permit number attached. The inspections of gas fitting work done under permit shall be two, viz: A first inspection and a final inspection; except on unconcealed work, such as stove run or fuel run of pipe, then same shall be made at one inspection, first and final. The first inspec- tion shall be made after all the piping authorized to be installed 84 ORDINANCE NO. 227 under the permit shall have been installed, and before any of such piping has been covered or concealed or any fixtures have been attached thereto. The final inspection shall be made after the piping authorized to be installed under the permit is in place and has been covered or concealed. This inspection shall include the ap- plication of an air pressure test, by which the pipes shall be sub- jected to a pressure of ten pounds to the square inch. Up to the time of the first inspection all work must be uncovered and con- venient for examination. All inspections shall be made by the Plumbing Inspector within forty-eight hours after receipt of the notice hereinbefore mentioned. All the necessary tools, labor and assistance for the requisite tests in such inspection shall be furnished by the person, firm or corporation having control of the work to be inspected. CERTIFICATE OF INSPECTION Section 21. When upon examination by the Plumbing Inspector it appears that any gas fitting work is defective, either in con- struction or material, the same shall be altered or repaired to con- form to the regulations set forth in this Ordinance. When any gas piping or gas fitting for the installation or alteration of which a permit has been issued shall be found on inspection to conform to the rules and regulations provided by this Ordinance, the Plumbing Inspector shall issue a Certificate of in- spection certifying that such piping or fittings have been inspected and found to comply with the terms of this Ordinance, but no such Certificate shall be granted until such piping or fittings respectively, are found to conform to said rules and regulations. It shall be unlawful for any person, firm or corporation to use any gas through or by means of any piping or fitting in any building, or to furnish or supply gas to be used through or by means of such pipes or fittings until the same shall have been inspected and approved by the Plumbing Inspector and the Certificate hereinbefore provided shall have been issued therefor. GAS PIPING CONSTRUCTION AND REQUIREMENTS Section 22. The following rules and regulations shall be deemed to be standard for the construction and installation of gas piping and gas fitting work. The minimum diameter of gas piping installed in any building, the number of lineal feet and the maximum numbers of burners allowed, shall be in conformity with the following table: Size of Pipe Length Allowed No. of Burners inch (vertical only) 15 feet 2 inch 40 feet 8 % inch 80 feet 25 1 inch 100 feet 45 11/4 inch 150 feet 80 1% inch 250 feet 250 2 inch 400 feet 500 2% inch 600 feet 900 In estimating the number of burners allowed for gas piping, ORDINANCE NO. 227 85 each outlet through the ceiling of stores, parlors, dining rooms, offices, public halls and rooms used for similar purposes, where it is intended that these outlets are to supply gas for illuminating purposes only, shall be deemed to be three (3) burners. For each outlet in the ceilings of bed rooms, bath rooms, toilet rooms, .public halls, pantries, porches, or bracket lights, where it is intended that these outlets are to supply gas for illuminating purposes only, allow one (1) burner. To determine the number of burners for heating purposes allow three (3) burners for each gas grate, gas log or gas heating stove or appliance, combination boiler and water heater or non-automatic gas water heater outlet; ten (10) burners for each outlet for a cook stove or so called hot-plate. To determine the number of burners for automatic or auto- matic thermal gas water heater, allow - 8 Burners for each Y2 inch Outlet. 25 Burners for each 3/4 inch Outlet. 45 Burners for each 1 inch Outlet. 80 Burners for each 1 Y4 inch Outlet. 250 Burners for each 1% inch Outlet. 500 Burners for each 2 inch Outlet. The diameter of the supply pipe to every such automatic or automatic thermal gas water heater, shall not be reduced in size from the meter to the inlet for the heater. No such heater shall be connected to any gas pipe outlet smaller in diameter than the diameter of the inlet pipe on the heater. All horizontal pipe shall be at least one-half (%) inch in dia- meter, except that in exposed work, three-eights (3/s) inch horizontal pipe for a single light may be run a distance not exceeding twenty (20) feet. In concealed work, where practical, all center outlets or drops shall be bent in preference to drop pipes, with straps soldered there- to. No center light or drop shall be of a smaller diameter than one-half (%) inch. Bracket, fire-place and stove outlets shall be bent and have an offset or be provided with bracket elbows to prevent removal. Gas grate and fire place outlets must be at least two (2) inches clear of the finish and bottom of fire basket. No pipe smaller than three-quarter (3/4) inch shall be run for cooking stoves, hot plates and instantaneous heaters. Drop pipes for center and bracket outlets shall not project through the finish of ceiling, wall or parti- tion lines, more than one (1) inch. All gas pipes shall be well secured to the building and shall grade or incline toward the meter, and wherever necessary, shall be provided with drip pipes so as to prevent any traps or depres- sions where condensation would remain. Wherever drip pipes 86 ORDINANCE NO. 227 are used, the end of such drip pipe must be exposed and so ar- ranged to be easy of access. Gas piping shall not be filled with water for the detection of leaks, nor shall gas-fitters, cement, seal- ing wax or any similar composition be used for the stopping of leaks. No union joints shall be used. All gas piping must be tested under an air pressure of at least five (5) pounds to the square inch. Gas fixtures shall not be hung or attached to the gas piping until this test has been made. The end of every rise must be located at a point designated by the Plumbing Inspector, but in no event shall be terminated tinder any stairway of any building. Every gas heater hereafter installed, which is used or intended to be used for heating of water, shall be connected to its gas supply with iron pipe and shall be connected to a vent pipe leading to and through the roof of the building and conform to the other regulations elsewhere provided by this Ordinance. DEFECTIVE GAS PIPING—NOTICE REGARDING Section 23. If the Plumbing Inspector shall find any part of any gas pipe or gas fittings in or about any building in the City of Huntington Beach, to be in a condition dangerous to life or property, he shall notify the owner, tenant or occupant of the build- ing in which such gas pipe or gas fittings are located to have the defects repaired immediately, and to refrain from using gas by means of said defective pipe or fittings until the same have been repaired and rendered safe. The Plumbing Inspector shall have the right and power to cause the supply of gas to be shut off until the necessary repairs have been made. The Plumbing Inspector shall give written notice to the person, firm or corporation supplying gas to any such defective pipes or fittings, to cease the supply until the necessary repairs have been made and it shall be unlawful for any person, firm or corporation to furnish gas for use in or by means of any defective gas pipe or fitting after receiving such notice until the necessary repairs have been made. Before making any con- nection to supply gas to any building that has not already been supplied with gas prior to the taking of effect of this Ordinance, the person, firm or corporation about to furnish gas thereto, shall ascertain whether a Certificate of Inspection has been issued for the gas fitting or gas piping to be supplied, and for that purpose may demand the production and exhibit of such certificate by the owner, tenant or occupant of the building in which such gas piping or gas fitting is located before supplying gas therefor. GENERAL PENALTY Section 24. Any person, firm, company or corporation that shall neglect or refuse to comply with the provisions of this Ordi- nance or any part thereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Five Dollars / ($5.00) nor more than One Hundred Dollars ($100.00); and unless said fine be paid shall be imprisoned in the City Jail at the rate of one day for every Two Dollars ($2.00) of said fine until the same ORDINANCE NO. 227 87 be fully satisfied and discharged. And every day during which any work or plumbing or drainage is continued in violation of the pro- visions of this Ordinance, or any part thereof, shall be considered as constituting a new offense and may be punishable as in this sec- tion provided. Repeated violations of the provisions of this Ordinance of any part thereof by any person, firm, company or corporation doing plumbing or drainage business in said city shall constitute sufficient grounds for a refusal of the Board of Trustees thereof to permit such offender to continue such business therein. Section 25. All Ordinances and parts of Ordinance in con- sistant with the provisions of this Ordinance insofar as the same are inconsistant herewith are to that extent hereby repealed. Section 26. This Ordinance shall be known as the "Plumbing Ordinance." Section 27. If any section,sub-section,sentence,clause,or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Trustees of said City hereby declares that it would have passed this Ordinance and each section, sub- section, clause, sentence or phrase thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional. Enacted Nov. 28, 1921. ORDINANCE NO. 228 89 ORDINANCE NO. 228 —4— AN ORDINANCE PROVIDING FOR THE INSPECTION. AND CON- STRUCTION OF ELECTRIC. APPLIANCES IN BUILDINGS IN THE CITY OF HUNTINGTON BEACH, AND THE APPOINT- MENT OF A CITY ELECTRICIAN AND FIXING HIS COM- PENSATION. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. The Board of Trustees of the City of Huntington Beach shall appoint an Electrician for said city, who shall hold his office during the pleasure of said Board. Section 2. The City Electrician shall have the management and control of the City Fire Alarm System and all other electric appliances owned by the said City, or in which the said City has any interest. The said City Electrician shall receive as compensation for his services to the said City such sum as from time to time may be fixed by the City Council. The City Electrician shall charge and collect for electric permits the following fees: For issuing electric permit $1.00. For inspection work as fol- lows; For each fixture or oulet in excess of ten at which current is issued or controlled $.05; For each electric sign and outline light- ing not exceeding twenty outlets $1.00; For next one hundred out- lets $.03 each; For each additional outlet $.01; For each lamp and switch $1.00; For inspection of wiring and installation of motors and generators; For each motor of not more than % H. P. $.50; For each motor of not more than 1 H. P. $1.00; For each motor over 1 H. P. and not over 3 H. P. $1.50; For each motor over 3 H. P. and not over 8 H. P. $2.00; For each motor over 8 H. P. and not over 15 H. P. $2.50; For each motor over 15 H. P. and not over 50 H. P. $3.00; For each motor over 50 H. P. and not over 100 H. P. $5.00; For each motor of 100 H. P. or over $7.50; For each generator of not more than 5 kilowatts $3.00; For each generator over 5 kilowatts and not over 15 kilowatts, $5.00; For each generator over 15 kilowatts $10.00; For inspection of other electric apparatus; For each moving picture machine $2.00; For each mercury arc rectifier and equipment $1; For each portable motor of less than % H. P. installed in electric apparatus, such as slot machines and sewing machines $.15; For each electric range $1.00; For each ceiling fan $.50; For each temporary motor $1.00; For the inspection of the installation of any motor-generator set, the same fee shall be charged as provided for the motor of the same horse- power; but no charge shall be made for the generator installation when in connection with any such motor-generator set; For the in- 90 ORDINANCE NO. 228 spection of each removal of motor or generator upon which a final certificate has been issued formerly $1.50 per hour; For the in- spection of working lights in buildings or other structures in course of construction or repair or temporary decorative lights; For not over 50 lamps $1; For over 50 and not over 100 lamps $1.50; For over 100 and not over 300 lamps $2.00; For over 300 and not over 600 lamps $3.00; For over 600 lamps $3.50; When more than two inspections of any installation, alteration, repair or operation of any wiring, fixture or other apparatus for electrical use shall be required, an additional fee of $1.50 per hour for such additional time shall be charged and collected; For the inspection of any electric wiring, apparatus or equipment, for which no fee is here- in provided $1.50 per hour for the time required for such inspect- ion. (As amended by Ordinance No. 318) Any and every person, firm, company, or corporation carrying on the business of electric supplies, constructing or assuming con- trol of the installation of any wires or other electric appliances in any building in the City of Huntington Beach, shall first obtain a License therefor from the City Clerk of said City, and shall pay therefor the sum of $12.00 per annum, payable annually in ad- vance, and no such person, firm, company or corporation shall en- gage in such business in said City without first having procured such License from the said ity Clerk. , UJ Section 4. Every such person, firm, company or corporation, before such License M.lae ranted shall give a bond to the City of Huntington Beach in thel'sum of Five Hundred Dollars ($500.00)$ with two good and sufficient sureties to secure any person against damage by reason of faulty workmanship, by reason of work done by him or it; which sureties shall qualify that they are worth said sum in property over and above all liabilities and exemptions which said bond shall be approved by the Board of Trustees of the said City and shall be filed with the City Clerk thereof. At the expiration of his or its yearly License such person, firm, company or corporation, so carrying on the business of electric supplies, within thirty days shall again register and file a new bond con- ditioned as aforesaid. Section 5. No person, firm or corporation shall equip any house, building or tent within the City of Huntington Beach with any electrical wiring, connections, appliances, fixtures or apparatus or make any alterations or change in or addition to, in or about any building in the said City of Huntington Beach, without first applying to the City Electrician and obtaining from him a permit to do such work, stating the location by street and number of the building which such work is to be done and shall be valid only for the location so stated. No firm or corporation or company shall furnish light or power to any house or building until the same has received a final Certificate from the City Electrician, and no other permit shall be issued by him to any contractor or other person ORDINANCE NO. 228 91 who has not paid the charge or charges due from him as herein- after in this section provided. All work or electric installation shall be done subject to the in- spection by the City Electrician, both in a rough and finished state. When any electrical installation is ready for inspection an ap- plication for inspection thereof must be made on a blank furnished by the City Electricion, and must be filed in his office; inspection must be made by said City Electrician within Forty-Eight (48) hours (Excluding Sundays and Holidays) after filing such applica- tion. Said application blank must be filled out in full, giving permit number, name of owners,and electrical' contractor, and lo- cation by street and number of building where the Nvork is to be inspected. A diagram of wiring must be drawn on the application and said application must have the number of lights and switch outlets and must show Wire sizes and distances, locations of switch- es, tablets, and switch board motors, etc., and as nearly as possible the manner in which all wires and other electric connections and equipments. are installed. No charge shall be made by the City Electrician for the first inspection of rough work or for the first inspection of finished work; but should extra visits for inspection become necessary then the City Electrician shall sharge the sum of One Dollar ($1.00) for r each extra visit. All work shall be left uncovered and convenient for examination until the same is inspected. All the necessary tools and ladders shall be furnished by the contractor or other persons doing, the work or assuming control thereof. All plumb- ing and no other pipe and tube work must be in place on work to be concealed before the electrical wiring is inspected. When said work is completed to the satisfaction of the City Electrician, he shall grant to said contractor a Certificate of acceptance for the same. Section 6. Within Fire District No. 1, of Huntington Beach: All wiring in or on all buildings or other structures in the City of Huntington Beach, within the above Fire Limits, which wires are used for light, heat or power shall be encased in approved metal conduit, armored cable or metal moulding; only rigid conduit con- struction to be used on all new work; all service switches, cut outs ' and tablet boards mounted in approved metal box, rigid conduit cr armored cable must be strapped or supported at each outlet and every five feet if on the underside of timbers, and in all buildings of open construction or every ten (10) feet if on top of timbers, if same are more than three feet apart, except in cases where arm- ored cable have to be fished in, Ordinary black or galvanized pipe shall not be approved for use as conduit. All conduit or metal moulding exceeding 10 feet in length or containing' more than one outlet shall be grounded with not less than No. 10 wire, which shall be protected from mechanical injury. Flexible conduit shall not be allowed in brick walls or concrete or where exposed to moisture unless lead-lined, outlet boxes shall be required in all cases as provided for rigid conduit; junction boxes shall be re- 92 ORDINANCE NO. 228 quired in all cases where conduit is run in connection with knob and tube work; wiremen must solder and tape all joints at all out- lets bringing out such wires as are necessary to connect with fix- tures. All buildings used as stores, hospitals, mills, factories, foun- dries, machine shops, canneries, packing houses, garages, churches, schoolhouses, auditoriums, theatres and buildings where people congregate shall be wired as those above mentioned. All wiring installed on the outside walls in said district or any store front or any outside wall of a brick or concrete build- ing shall be in rigid conduit. All accessible inside wiring outside of Fire District No. 1, shall be knobbed at least every four feet six inches. All outlets shall be loomed to the last knob. All wiring shall be clear from wood, pipes and other portions of the structure wherein such wiring ex- ists. No rubbish shall be permitted to come in contact with any electrical wiring. The use of weatherproof or iron wire, or wire of less than No. 14 B & S gauge is prohibited. All joints shall be soldered and taped. Backing boards shall be installed at all ceiling outlets and shall extend from joist to joist. The use of open fuses in cutouts, tablet boards or main switches is prohibited. All cutout cabinets inside of doors thereto shall be lined with 1 at least Y8 inch asbestos. No circuit shall carry over 12 light out- lets or over 660 watts. Unless loomed, all wires shall be separated by at least 5 inches. If more than three circuits are in use, a three-wire feed shall be required. The use of cord work where standard wiring is required is prohibited. The use of flat or shal- low canopies less than 3/4 inches deep is prohibited unless boxes are used behind such canopies. All service conduit 3/4" or larger. The use of paper tubes and paper bushing is prohibited. All flush switches and recepticals shall be enclosed in iron boxes. All feeds shall run through the entrance switch before going to distribution point. Each circuit must have an independent cutout. The use of un- lined or defective sockets is prohibited. The use of commercial cord is prohibited. All portable cord or cord drops shall be reinforced. All accessible open lugs carrying current shall be taped. Insulation joints shall be used with combination fixtures. All fixtures shall be solidly hung and shall not be supported by electric wires. Condu- lets entering fittings shall be required in all cases. All motors one- half horse power and over must be equipped with a no voltage release. All service wires shall be of No. 10 B & S gauge or larger. No outlets shall be brought out where the socket, fixture or switch can be reached from any gas or water pipe or from any bath tub, basin, sink, or plumbing fixture of any kind. No lamp 1 or switch shall be placed where they can be turned on from the ground unless by a pull cord socket. No switch shall be placed where exposed to the weather. All flush switches when placed ORDINANCE NO. 228 93 L within reach of the ground or cement walks, cement staircases, etc., shall have all the metallic non-current carrying parts effectively grounded. Weatherproof fixtures must be used when exposed to moisture. No more than six ceiling outlets the total of which is 660 Watts, shall be allowed on store circuits for concealed work, and conduit from tablet boxes shall have wire weight capacity for one extra circuit to four outlets. All side outlets must be standard�3-inch box. All ceiling out- lets must be standard 3-inch or 4-inch box brought flush with the plaster line. All conduit or armored cable entering all junction or outlet boxes must have a pull bushing on the inside of box as well as lock nut or shoulder on the outside of same. Split knobs or cleats must be used for the support of conductors smaller than No. 8 B & S gauge. Floor outlets, attachment plugs and receptacles must be enclosed in an approved floor outlet box, especially design- ed for this purpose. Junction boxes must always be installed in such a manner as to be ready and accessible. All taps shall be caught under the same knob with the conductor to which they are attached; all taps and splices must be made electrically and me- chanically secure, and then soldered and covered with an insulat- ing material equal to that on the conductor. All switches on mo- tors or other power devices carrying over 1320 watts shall be of a knife type; plug fuses up to 30 amp. over 30 amp. to be cart- ridge type and enclosed in approved metallic box. Grounding of non-current carrying metallic parts—All conduits containing service wires must be insulated from all house conduits and must be permanently and effectively separately ground to water pipe, ground wire not less than No. 10 B & S gauge. All house conduits shall be bonded together, grounded to water pipe. Ground connections to pipe and to conduit must be exposed to view or accessible and must be made by means of an approved ground- ing clamp. All ground connections must be made to main water supply pipe and not laterals. The neutral wire shall be grounded at the building service by direct connection to the water pipe. Neutral wire shall be installed and treated the same as a conductor. Section 7. ELECTRIC SIGNS. It shall be unlawful to hang or to fix in position any electric sign or sign designed for use as an electric sign or which may be used as an electric sign until such sign has been inspected and conforms to the National electric- al code. Three wire circuits shall not be allowed except for elec- tric signs and stoves. All signs and stoves must be on a separate and individual circuit. All signs shall be provided with a switch so arranged as to entirely disconnect all feed wires from sign. Section 8. The requirements of this Ordinance are hereby specifically declared to cover, govern, and control the installation, alteration or repair of any electrical wiring, connections, fixtures, appliances, apparatus or machinery in any school building and other buildings or structures by any school district, school board 94 ORDINANCE NO. 228 of education, or public or quasi-public or political corporation or body. Section 9. It shall be unlawful for any person, firm or cor- poration as principal, agent, officer, servant or employee, for him- self or itself, or for another person, firm or corporation to install, alter, repair, add to, connect with or change any inside electrical wiring, connections, fixtures, appliances, apparatus, machinery, equipment or work, or to install any electrical meter or service wires without first securing a permit therefor, as in this ordinance provided. Section 10. Whenever the City Electrician shall find any elec- trical wiring connections, fixtures, appliances, apparatus, machinery, equipment or work which does not conform to all the requirements of this Ordinance, he shall, in writing, notify the owner or person in charge thereof, or of the building wherein the same are placed, to cease using electrical current in or through such electrical wir- ing, fixture, connections, appliances, apparatus, machinery, equip- ment or work, and to have the defect therein repaired within a reasonable time not exceeding Ten (10) Days from date of notice. Such notice shall be in writing, describe and locate the building by street and number, and shall specify the particulars in which such electrical wiring, fixtures, connections, appliances, ap- paratus, machinery, equipment or work is defective, and shall sep- arately specify what is necessary to remedy such defects. Such notice shall be entitled "Electrical Repair Notice". Section 11. Except as otherwise herein provided and required, all electrical wiring, connections, fixtures, appliances, apparatus, machinery, equipment and work hereafter installed, altered, repair- ed added to or changed within the City of Huntington Beach, shall conform to what is commonly known as the National Electrical Code of the National Board of Fire Underwriters, Edition of 1920, a,copy of which code as now existing and approved and adopted for the purpose aforesaid is on file in the office of the City Electric- ian of said city, marked in ink on the outer cover thereto, "Code approved and adopted by Ordinance No.....". And a certain book en- titled "Electrical Utilization Safety Orders", of date________, 1921, is- sued by the Industrial Accident Commission of the State of 'Cali- fornia, is hereby made a part of this Ordinance, reference to which is hereby made for the rules and orders contained therein. Section 12. Any person, firm or corporation as principal, agent, officer, or employee, who or which shall violate any of the pro- visions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $5.00 and not to exceed Two hundred Dollars ($200.00), or by imprisonment for not less than two days and not to exceed fifty days in the City Jail, or by both such fine and imprisonment. Section 13. Repeated violations of the provisions of this Ordi- nance or any part thereof by any person, firm or company or cor- ORDINANCE NO. 228 95 poration doing electrical work in said City shall constitute suffic- ient grounds for a refusal of the Board of Trustees thereof to permit such offender to continue such business therein. Section 14. This Ordinance shall not be construed to relieve from or lessen the responsibility of any person, firm or corporation owning, operating, controlling or installing any electrical wiring, connections, fixtures, appliances, apparatus, machinery, equipment or work, inside, outside, overhead or underground in the City of Huntington Beach for damages to any one injured by defect there- in, nor shall the City be held as assuming any such liability by reason of the inspection authorized herein or certificate issued as herein provided, or by reason of any of the matters or things here- in provided for and regulated. Section 15. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 16. This Ordinance shall be known as the "Electrical Ordinance". Enacted November 28, 1921. ORDINANCE NO. 230 97 ORDINANCE NO. 230 AN ORDINANCE REGULATING DANCE HALLS, DANCING PA- VILIONS AND PLACES WHERE DANCES ARE REGULARLY CONDUCTED AND CARRIED ON IN THE CITY OF HUNT- INGTON BEACH, CALIFORNIA. —i>— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That no license to conduct, maintain or carry on any public dance hall or dancing pavilion in the City of Huntington Beach shall be issued to any person, firm or corporation except upon a permit in writing previously granted by the Board of Trus- tees of said City and filed with the City Clerk authorizing the issue of such license to such person, firm or corporation and spec- ifying the location of the dance hall; that the said Board of Trustees shall have the power to revoke any such permit when it shall appear to said Board that the public dance hall or pavilion of the person, firm or corporation to whom such permit is given is con- ducted in an illegal, disorderly or improper manner, provided, that in case a permit granted to any person, firm or corporation for a public dance hall shall be revoked by said Board, a new license shall not be issued to such person, firm or corporation until a new permit therefor shall have been granted by said Board. That for the purposes of this ordinance, a public dance hall is hereby defined to be a place maintained for the purpose, of dancing therein, and open to the public for such purpose, to which persons are admitted, or in which persons are allowed to dance, upon the payment of a fee or charge, and for admission to which, or for dancing in which the person, firm or corporation maintaining or conducting the same or holding or carrying on a dance or dancing therein, does not make, or cause to be made, separately for each date upon which a dance or dancing is conducted or carried on therein, a special and bona fide selection or choice of the persons to be admitted to or to be permitted to dance therein. No such selection or choice of persons admitted to or permitted to dance in any such place shall be deemed to be sufficient unless persons are admitted thereto or are permitted to dance therein only upon writ- ten invitation given, sold or delivered, prior to the date of such dance or dancing, separately in each instance and specially to such persons, entitling the person who shall be designated by name in in such invitation and not more than two other persons accomp- anied by such person so designated, to admission to such place or to dance therein, on a date which shall be specified in such invita- tion; and which said invitation shall, on the date specified therein, be delivered to a doorkeeper or ticket taker at the entrance to such place, before the persons thereby entitled to admission thereto are permitted to enter the same, and which said invitation shall not 98 ORDINANCE NO. 230 be thereafter again used for the purpose of obtaining admission to such place by any other person, or on any other date. Nothing herein contained shall apply to the admission to a public dance hall of musicians or other persons regularly employed in or about the maintenance or conducting of such public dance hall, or in or about the holding or conducting of any dance or dancing therein, or to the admission to any dance or ball of mu- sicians or other persons employed in or about the holding or con- ducting thereof. Section 2. In the event that any person, firm or corporation holding a permit to conduct a public dance hall shall violate or cause or permit to be violated any condition of such permit, or any provision of this ordinance or any other ordinance relating to or regulating the maintenance, conducting or carrying on of public dance halls or shall conduct such public dance hall, or otherwise cause or permit the same to be conducted,in an illegal,disorderly or improper manner, it shall be the duty of the Board of Trustees to revoke such permit in the manner hereinafter provided, and such revocation shall be in addition to the other penalties provided for a violation of any of the provisions of this ordinance. No such permit shall be revoked until a hearing shall have been had by the Board of Trustees in the matter of the revocation of such per- mit, notice of which hearing shall be given in writing and served at least three days prior to the date of such hearing, upon the holder of such permit, or his or its manager or agent, or person in charge of such public dance hall. Said notice shall state the ground of complaint against the holder of such permit, and shall also state the time when and place where such hearing will be had. Said notice shall be served by delivering the same personally to the holder of such permit, or to his or its manager or agent, or person in charge of such public dance hall, if either of them can be found. If the holder of such permit, or such manager, agent or person in charge of such public dance hall, cannot after due diligence be found in the City of Huntington Beach, and personal service of such notice cannot be made upon either of them in the manner herein provided in said city, then a copy of such notice shall be mailed postage prepaid, addressed to such holder of such permit at his place of business or residence, if known, at least three days prior to the date of such hearing, and if not known, then such copy of such notice shall be so mailed, addressed to such person in the 'City of Huntington Beach. Section 3. It shall be unlawful for any person, firm or cor- poration to conduct, maintain or carry on a public dance hall in the City of Huntington Beach without a permit therefor first grant- ed, as provided in Section 1 of this Ordinance. Section 4. It shall be unlawful for any person, firm or cor- poration, conducting, maintaining or carrying on a public dance hall, or having charge or control thereof, or for any pearson em- ployed in and about the same, to hold, conduct or carry on, or to ORDDINANCE NO. 230 99 cause or permit to be held, conducted or carried on any dance or dancing in any such public dance hall andior dancing pavilion in the City of Huntington Beach between the hours of two o'clock A. M. of any day and 6:00 o'clock A. M. the same day, except up- on special permission in writing, signed by the Chief of Police of the City of Huntington Beach. (Amended by Ordinance No. 414) Section 5. It shall be unlawful for any person, firm or cor- poration, conducting, maintaining or carrying on a public dance hall, or having charge.or control thereof, or permit to be admitted to such public dance hall, or to dance therein, any minor under the age of Sixteen years, at any time while a dance or dancing is in progress or being held, conducted or carried on therein, unless said minor is accompanied and -under the care at all times while in said dance hall, of its parent or parents or legal guardian. (As amended by Ordinance No. 233) Section 6. It shall be unlawful for any minor under age of Sixteen years to enter, or to be or remain in any public dance hall in the City of Huntington Beach at any time when a dance or danc- ing is in progress or being held, conducted or carried on therein, or to dance therein, unless said minor is accompanied and under the care at all times while in said dance hall, of its parent or parents or guardian. (As Amended by Ordinance No. 233) Section 7. It shall be unlawful for any person, firm or cor= poration maintaining, conducting or carrying on any public dance hall or having charge or control thereof, or for any person employed in and about the same, to allow or permit any intoxicated, Bois- terous or disorderly person to enter, be or remain, or to dance in any such public dance hall. Section 8. It shall be unlawful for any person, firm or cor- poration conducting, maintaining or carrying on a public dance hall, or having charge or control thereof, or for any person employ- ed in and about the same, to hold or conduct, or to cause or per- mit to be held or conducted, any dance or dancing in any dance hall after sunset of any day, unless such public dance hall be light- ed or illuminated either by gas or electric light, or other means, in such manner and to such extent as is usual or customary for light- ing or illuminating halls or rooms of like dimensions in the night time for public assemblies, before any person is admitted thereto and before any dance or dancing is commenced therein: provided, however, that the intensity of such lighting or illum- ination shall at no time be less than one candle power at a plane three feet above the floor of such dance hall at all parts of such hall; such lighting or illumination shall be maintained thereafter throughout the entire time while such dance or dancing is in pro- gress, without diminution and without interruption, until such dance or dancing is concluded and until such hall is cleared and closed. It shall be unlawful for any person to shut or. turn. off the Iights or lighting, or to reduce the intensity thereof below the minimum in this section prescribed in any public dance hall at any 1 100 ORDINANCE NO. 230 time after sunset of any day while a dance or dancing is in pro- , gress or being conducted therein, or during any recess or other in- termission in such dance or dancing. Section 9. No person, as principal, agent or otherwise, carry- ing on, maintaining or conducting, or assisting in carrying on main- taining or conducting, a public dance hall or a public dance in the City of Huntington Beach shall permit any person or persons to dance with their cheeks or heads touching; or to permit any person to indulge in boisterous conduct or use profanity, or otherwise conduct himself or herself in a vulgar or indecent manner in such public dance hall or in any of the hallways leading thereto; or to permit any male person to dance with his right hand upon any portion of his female partner except her back between her should- er line and waist line, or with his left hand in any position ex- cept extended from the body and holding the right hand of his dancing partner; or to permit any female person to dance with her left hand upon any portion of her male dancing partner ex- cept his right arm or shoulder, or with her right hand in any position except extended from the body and held by the left hand of her dancing partner; or to permit any person or persons to dance any passion dance, lewd or suggestive dance, indecent dance, vul- gar dance, sensual dance, or any dance involving the jerking or shaking of the body; or to permit any known prostitute or any known male or female procurer, or known vargrant, or other known or dissolute person or any person known to have plead guil- ty or to have been convicted within the period of one year of being a vagrant or a lewd or dissolute person, or any intoxicated person, to be present in any public dance hall or at any public dance. Section 10. No person shall, in any public dance hall or at any public dance, dance with his or her cheek, or with his or her head touching the cheek or the head of his or her dancing partner; or to dance any passion dance, lewd or suggestive dance, indecent dance, sensual dance, or any dance involving the jerking or shaking of the body; or to indulge in boisterous conduct, or use of profan- ity or otherwise conduct himself or herself in a vulgar or indecent manner in such public dance hall or in any of the hallways lead- ing thereto, or in any anteroom or other public room adjunctive to and used as a part or in connection with such dance hall for the use or accommodation of guests or patrons. Section 11. No male person shall in any public dance hall or at any public dance, dance with his right hand upon any portion of his female dancing partner except her back between her shoul- der line and waist line, or with his left hand in any position ex- cept extended from the body and holding the right hand of his dancing partner; and no female person shall, in and public dance hall, or at any public dance, dance with her left hand upon any portion of her male dancing partner except his right arm or right shoulder or with her right hand in any position except extended ORDINANCE NO. 230 101 from the body and held by the left hand of her dancing partner. Section 12. No prostitute, male or female procurer, vagrant or other lewd or dissolute person who has pleaded guilty to or been convicted within one year, of being a vagrant, shall be present in any public dance hall or at any public dance. Section 13. Every person seeking admission to a public dance hall or to any public dance hall shall, upon the request of the manager, proprietor or door keeper, or managing agent of the pro- prietor of such public dance hall or public dance, register his or her true name, age and address in his or her own handwriting. Section 14. The provisions of this ordinance shall not apply to any dance or ball given, held or conducted by any bona fide club, society, or association organized or incorporated for benevo- lent, charitable, dramatic or literary purposes, having an estab- lished membership of persons regularly elected or admitted there- to, and which shall hold meetings, other than such balls or dances, at regularly stated intervals, when the proceeds arising from such ball or dance shall,be intended to be and be used for the promotion of the purposes of such club, society or association, or to any priv- ate dance or ball, held or conducted for social purposes only and not for profit, to which persons are admitted or at which persons are allowed to dance without payment of a fee or charge thereof, except such as may be required for the purpose of defraying the actual expenses of holding or conducting such dance or ball; pro- vided, however, that the provisions of this ordinance shall apply to any dance or ball, other than a dance or ball of the character hereinbefore in this section referred to, when invitations or tickets for admission to such dance or ball are sold or offered for sale publicly, or to the public generally. Section 15. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one hundred dollars ($100.00), or by im- prisonment for a period not exceeding Fifty (50) days, or by both such fine and imprisonment; and upon such conviction, any permit which may have been granted to such person, firm or corporation, to conduct, maintain or carry on any public dance hall, shall be rendered void ipso facto, and shall be revoked by the Board of Trustees, as hereinbefore provided. Enacted December 5, 1921. ORDINANCE NO. 241 103 ORDINANCE NO. 241 AN ORDINANCE PROHIBITING THE USE OF SANITARY SEW- ERS IN THE CITY OF HUNTINGTON BEACH FOR CERTAIN PURPOSES. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm or cor- poration to deposit, place, discharge or cause to be placed, deposit- ed or discharged, any oil, naptha, petroleum, asphaltum, tar, hydro- carbon substances, or any kindred substances or any water mixed with any such substances or any refuse from any oil well or the contents of any ,sump hole or other container used in connection with an oil well in, into or upon storm drain, ditch, sewer or sar.- itary drain or sewer or into any portion of the Pacific Ocean with- in the City of Huntington Beach or upon any private property in said City, in such a manner that the same will run into or upon any irrigating ditch or storm drain or sanitary drain or sewer of said City. Section 2. That any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $50.00 nor more than $300.00 or by imprisonment in the City Jail for a period of not more than 90 days or by both such fine and imprisonment, and such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation is permitted or continued by any such person, and shall be punished therefor as provided by this Ordinance. Enacted July 5, 1922 1 ORDINANCE NO. 244 105 ORDINANCE NO. 244 —0-- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING THE KEEPING OF REGISTERS IN LODGING HOUSES, ROOMING HOUSES AND HOTELS WITHIN THE CITY OF HUNTINGTON BEACH. -s- The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That every owner, keeper, lessee or proprietor of any lodging house, rooming house, or hotel in said City of Hunt- ington Beach shall, from and after the adoption of this ordinance, keep a register wherein he shall require all guests, roomers, or lodgers to inscribe their names upon their procuring lodging or a room or rooms, or accommodations in such lodging house or room- ing house, or hotel. The said register shall also show the time when said name was inscribed, meaning the day of the month and year, also the room or rooms occupied or .to be occupied by said lodger, or roomer or guests in such lodging house, or rooming house or hotel. Said register shall be kept in a conspicuous place in said lodging house, rooming house or hotel, and shall at all times be open to inspection by the lodgers, roomers or guests of said lodging house', rooming house or hotel, and to the Chief of Police or any regular policeman or police detective of said City of Huntington Beach. Section 2. That before furnishing any lodging for hire to any person in any lodging house or before renting any room to any person or persons in any rooming house, or before furnishing any accommodations to any guest at any hotel in the 'City of Hunting- ton Beach, the proprietor, manager, lessee, or owner thereof shall require the persons to whom such lodgings are furnished, or room is rented, or accommodations furnished, to inscribe his name in such register kept for that purpose as hereinbefore provided, and shall set opposite said name the time when said name was so in- scribed, and also the room or rooms occupied by such lodger, room- er or guest. Section 3. Any violation of said ordinance, shall constitute a misdemeanor and shall be punishable by a fine not to exceed one hundred ($100.00) dollars, or by imprisonment not to exceed fifty days (50) or by both such fine and imprisonment. Enacted July 31, 1922. ORDINANCE NO. 248 107 ORDINANCE NO. 248 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING THE USE OF MOTOR VEHICLES UPON THE BEACH OF THE PACIFIC OCEAN. —O— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm, company or corporation owning or controlling any motor vehicle propelled or operated by mechanical power to operate, drive, propel or run, or cause or permit any motor vehicle or other vehicle propelled other- wise than by muscular power to be operated, driven, propelled or run upon the beach of the Pacific Ocean within the City of Hunt- ington Beach, without a permit, therefor first had and obtained from the Chief of Police of said City. Section 2. Any person, firm, company or corporation desiring to operate any motor vehicle or vehicles upon the beach of the Pacific Ocean within the City of Huntington Beach may apply to the Chief of Police of said City for a permit so to do by an ap- plication in writing. Such application shall state the time and place for which said permit is desired, what protection will be provided if any, for the safety of the public, and shall state the kind and character of the motor vehicle or vehicles to be operated, the names of the persons to operate the vehicles or vehicle and the name of the applicant and also such other information as may be required from time to time by the Chief of Police. Section 3. Upon receipt of any application for a permit to operate a motor vehicle or vehicles upon the beach of the Pacific Ocean the Chief of Police may interrogate and examine the ap- plicant or any person named therein as the driver or operator of any motor vehicle. He may require such safe-guards for the pro- tection of the public as he may deem advisable. If he shall deem the applicant and the persons to operate the motor vehicle or ve- hicles to be properly qualified and if suitable safe-guards are pro- vided for the protection of the public he may issue a permit there- for. Any person, firm or corporation holding such a permit may operate or cause to be operated a motor vehicle or vehicles in ac- cordance with the terms thereof at the time and place in said permit specified. Section 4. Any person, firm or corporation violating any of the. provisions of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not exceeding Three Hundred Dollars ($300.00) or by imprison- ment for a term not exceeding Ninety (90) days or by both fine and imprisonment. Enacted August 14, 1922. ORDINANCE NO. 250 109 ORDINANCE NO. 250 THE ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PROHIBITING THE DOING OF CERTAIN ACTS ON THE PUBLIC STREET OF SAID CITY. —9- The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That it shall be unlawful for any person, firm, association, trustee or corporation either as employer, employee, agent or principal, to deposit, sweep, place, throw, discard or leave or cause to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in the City of Huntington Beach, any paper, trash, rubbish, garbage or any other thing of similar nature, ex- cept that said substances may be placed in cans, boxes or other recepticals which are sufficiently tight and sound to prevent the leaking, scattering, dropping or spreading of said substances, which cans, boxes or other recepticals may be placed upon or in any public alley in the City of Huntington Beach, for the purpose of having the same removed or destroyed by any person, firm, asso- ciation or corporation, who is the tenant or in possession of the premises abutting upon the said alley, immediately adjacent to the point where said recepticals are so placed. Section II. Any person, .firm, association, trustee or corpora- tion, either as employer or employee, agent or principal, who shall violate any of the provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding three hundred ($300.00) dollars or by im- prisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment. Enacted October 23, 1922. 1 ORDINANCE NO. 274 111 ORDINANCE NO. 274 AN ORDINANCE CREATING THE OFFICE OF THE CITY CON- TROLLER OF THE CITY OF HUNTINGTON BEACH AND PROVIDING FOR THE APPOINTMENT AND COMPENSA- TION THEREOF AND DEFINING THE POWERS AND DU- TIES OF SAID OFFICER. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. The office of City Controller of the City of Hunt- ington Beach is hereby created and established, said officer shall be appointed by the Board of Trustees of said City and shall hold office during the pleasure of said Board. He shall receive such compensation for his services as the Board of Trustees shall by resolution provide. Section 2. It shall be the duty of the City Controller: FIRST: To attend all meetings of the Board of Trustees of said City: SECOND: To audit all accounts and books of account of the City of Huntington Beach, and supervise all accounting of said City: THIRD. To compile and deliver to each member of the Board of Trustees of said City, on or before the first Monday in August of each year a budget of the estimated expenses and requirements for the ensuing year, for said 'City showing the several funds, de- partments and accounts into which the same is divided or pro- portioned. FOURTH: To furnish to the Board of Trustees of said city, on or before the first meeting night in each month a complete financial statement showing the actual and estimated conditions of all accounts of said City at the end of the preceding month, to- gether with estimated future expeditures and revenue of said City. FIFTH: To approve or reject any or all demands for labor or services rendered and for material or supplies furnished to said City. Section 3. The City Controller shall have power: FIRST: To require all purchasers for or on behalf of the City to be made upon requisitions signed by him. SECOND: To require all labor for or on behalf of the City to be employed only upon requisition signed by him. THIRD: To require all appointive officers and department heads of said City to render to him on or before the first day of July of each year an estimate of the revenue and expense of such department or office for the ensuing fiscal year showing the source 112 ORDINANCE NO. 274 of such estimated revenue, and the purpose of the estimated ex- 1 penditure. FOURTH: To issue and promulgate rules and regulations not inconsistent with this Ordinance covering the methods, restrictions, rules and regulations governing the expenditure of any and all municipal funds by appointive officers and departments of said City. FIFTH: He shall have the power and authority to perform all such other duties as may be prescribed by ordinance or resolu- tion of the Board of Trustees; provided, however, that any and all acts of the said City Controller under this Ordinance shall be sub- ject to the final approval and control of the Board of Trustees of the City of Huntington Beach and they shall have full and com- plete power to correct, change or set aside any action taken by him under this Ordinance, whenever they deem it proper to do so. Section 4. (Section 4 repealed by Ordinance No. 434.) Enacted September 15, 1924. ORDINANCE NO. 280 113 ORDINANCE NO. 280 AN ORDINANCE PROVIDING CERTAIN FIRE PREVENTION MEASURES IN THE OIL FIELDS: REGULATING THE USE OF CERTAIN STREETS AND HIGHWAYS WITHIN THE CITY: REPEALING ALL ORDINANCES AND PARTS OF OR- DINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It is hereby declared to be unlawful for any per- son to smoke or throw, place or deposit any lighted or smoulder- ing cigar, cigarette, ash, match or other exposed smouldering or burning substance within twenty-five (25) feet of any oil well, derrick, oil refinery, gasoline absorption plant, gas compression plant, oil pumping plant or storage plant or storage tank or oil sump containing petroleum or any of its inflamable or fluid by- products. Section 2. It shall be unlawful for any person, firm or cor- poration whether as principal, agent, servant, employee, or other- wise, to cause or permit any oil, waste oil, oil refuse or oil waste matter to remain on the surface of the ground around or near any derrick, in any derrick cellar, around or near any oil storage or bleeder tank, around or near any oil pump or around or near any combustible structure, except within an oil sump or oil tank, and all such persons, firms or corporations shall remove such oil, waste oil, oil refuse or oil waste matter, within forty-eight (48) hours after the spill or deposit occurs. Section 3. It shall be unlawful for any person, firm or cor- poration, whether as principal, agent, servant, employee, or other- wise, to permit any open flame of any kind within twenty-five (25) feet of any oil well while it is actually producing, or within twenty-five feet of any storage tank or sump containing petroleum or any of its inflamable by-products. Section 4. It is hereby declared to be a nuisance and unlawful for any person, firm, association, corporation, trust, or syndicate in charge or control of, or having any interest in, or owning, either in whole or in part, any derrick or similar structure on any premises in said City, whether such interest is as principal, agent, servant, employee or otherwise, to cause, allow or permit any such derrick or similar structure to be constructed or erected unless said derrick is set upon four (4) cement foundation blocks, each block having minimum dimensions of three feet by three feet at its top, five feet by five feet at its base, and height of four (4) feet, the top surface of the block being raised twelve (12) inches above the ground level. If alterations and repairs in excess of twenty-five 114 ORDINANCE NO. 280 (25%) percent of the value of an existing derrick or structure, as • estimated by the City Engineer of the City of Huntington Beach, are made to such existing derrick or structure within a period of twelve (12) months, the derrick foundation shall be made to con- form with the above requirements. (Amended by Ordinance No. 406) Section 4%. It is hereby declared to be a nuisance and un- lawful for any person, firm, association, corporation, trust or syndi- cate in charge or control of, or having any interest in or owning, either in whole or in part, any derrick or similar structure on any premises in said City, whether such interest is as principal, agent, servant, employee or otherwise, to cause, allow or permit any such derrick or similar structure to be constructed, erected, maintained or permitted to remain upon said premises, unless said derrick or structure is at all times composed of sound materials which are free from rot and structural defects and has its component parts safely nailed or otherwise held together and the whole structure securely stayed and held by cables or guy wires. Said derrick or structure shall be securely held and stayed within the meaning of this section, if and when it shall have se- curely attached to each corner at least two (2) guy wires or cables, each with a minimum diameter of three-eights (%) inch, one of which cables shall be attached to each of said corners of said der- o rick and not more than twenty (20) feet from the top thereof, A and the other cable or guy wire to be not less than sixty (60) or more than seventy (70) feet from the base of said derrick or struc- ture, and each guy wire or cable shall be equipped with a turn- buckle, or similar device, for regulating the length thereof and shall at all times be kept and maintained free from defects and drawn tight with equal tension, and said guy wires, cable, turn- buckles shall be of galvanized material. Said guy wires shall be anchored in one of the two following methods: (1) Each shall be fastened securely to an anchor or deadman of sufficient size and strength to equal the strength of said cable, and no guy wires or cables from any corner of said derrick shall be fastened to any anchor or deadman to which there is fastened any guy wire or cable from any other corner of said derrick. No two of said anchors or deadmen shall be within one hundred fifteen (115) feet of each other and they shall be at least sixty-five (65) feet from the base of the derrick and so located that a straight line drawn between any two adjacent deadmen or anchors will not come within forty-five (45) feet of a line drawn between the base cor- ners of said derrick, or (2) Said guy wires shall be anchored to eyebolts embedded in the concrete foundation blocks of said derrick, each foundation block having embedded securely therein, at the time of construction two (2) eye-bolts at least one (1) inch in diameter and embedded to a depth of at least eighteen (18) inches. • (Amended by Ordi- nance No. 421) Section 5. It shall be unlawful for any person, firm, or cor- ORDINANCE NO. 280 115 poration, whether as principal, agent, servant, employee, or other- wise to maintain any oil derrick or rig unless such derrick or rig, during all of the time of its erection, construction and maintenance, be equipped with at least two two and one-half (2y2) gallon "foam" type extinguishers located on the outside of such derrick or rig, and hung in a convenient and easily accessible place. None of such extinguishers shall be removed from such derrick or rig except for use or recharging. Section 6. It shall be unlawful for any person, firm or cor- poration, whether as principal, agent, servant, employee, or other- wise, to maintain any oil refinery, gasoline plant, gas compression plant, dehydrating plant, oil pumping plant, or any plant that handles, pumps or treats gas, oil or its by-products unless such plant be equipped with at least two two and one-half (2%) gallon "foam" type extinguishers where the floor area is five hundred (500) square feet or less, and one additional extinguisher for each fifteen hundred (1500) square feet or fraction thereof of each ad- ditional floor area. Each such "foam" type extinguisher shall be approved by the Underwriters Laboratories, Inc., and shall be re- charged at least once a year, or oftener, if necessary, and must be tagged to show the date when last recharged. Each such ex- tinguisher shall be hung in a convenient and easily accessible place except when removed for use or recharging, provided, how- ever, that in lieu of the above requirements any person, firm or corporation may establish a fire department consisting of fire fighting equipment and apparatus. Any person, firm, or corporation desiring to come within this provision shall make application to the City Council for permission so to do, setting out in detail the fire fighting equipment and ap- paratus, and the location thereof, together with the location of the properties which are to be served by said fire fighting equipment. Said application shall be filed with the Chief of the Fire Depart- ment of the City of Huntington Beach for his recommendation and approval and shall be presented by him, bearing his approval or disapproval, to the City Council at its next regular, or regularly adjourned, meeting for its action thereon. (Amended by Ordinance No. 423) Section 7. Whenever the City Engineer of the City of Hunt- ington Beach shall find or believe that a nuisance as defined in this ordinance exists he shall cause notice to be posted in a con- spicuous place upon the premises on which such nuisance exists or is believed to exist in substantially the following form, to-wit: NOTICE OF NUISANCE To the Owner and Those Whom it may Concern: You are hereby notified that a public nuisance exists upon that certain real property in the City of Huntington Beach, Orange County, California, described as follows, to-wit: Lot------------in Block ------------of------------(giving tract name) as shown on a map recorded in 116 ORDINANCE NO. 280 Book................at page................of Miscellaneous Maps, Orange County Records. ° That said public nuisance is a violation of Ordinance No. 280 as amended by the City of Huntington Beach, and this notice is posted in accordance with the terms thereof. You will cause said nuisance to be immediately abated, or show cause as provided in said ordinance why the conditions now existing do not constitute a nuisance. Failure to abate the nuisance or to show cause as provided shall be conclusive evidence of the existence of said nuisance. Dated..................................... 19.-..-------- Posted..................................... 19--..-..----- ------------------------------------------------------------ City Engineer of the City of Huntington Beach. Within thirty (30) days after the posting of said notice the owner or any person interested in said premises or said well may file with the City Clerk a written notice excepting to the posting of said notice and to the determination of the City Engineer stated therein, stating in full the facts and circumstances under oath, showing that said alleged nuisance does not exist. The said notice N of exception shall be presented to the City Council by the said City Clerk at the next regular or regular adjourned meeting of said City Council and said City Council shall thereupon proceed to hear the matter of said exception and shall determine whether the con- ditions existing on the premises constitute a nuisance as defined in this ordinance and for the purpose they may take evidence under oath and may continue the hearing thereon from time to time until finally determined by them. The determination of a majority of said City Council shall be final and binding on all parties appear- ing under said protest. Failure of any person to file such notice of exception within thirty (30) days after such posting shall be deem- ed to be an admission on the part of all persons not so filing, that a public nuisance does exist upon such premises. In the event the City Council finds that said nuisance has been abated or does not exist, no further proceedings shall be taken under this ordi- nance against said property for a period of ninety (90) days there- after. If the City Council shall determine that said nuisance exists and the same has not been abated by the owner thereof, the City Engineer shall immediately proceed to abate said nuisance and the expense of abating said nuisance may be made a lien upon the premises upon which said nuisance existed. Such lien shall be created by the filing with the City Tax Collector of the City of Huntington Beach an itemized statement of such expenses and the same shall constitute a special assessment and tax against the said property and shall be collected at the same time and in the same manner as other city taxes are collected. An itemized statement ORDINANCE NO. 280 117 do filed by the City Engineer, with the City Tax Collector shall be his authority to place the amount thereof on the Tax Statements of said City for the next ensuing year and the amounts thereof shall bear like interest and be subject to the same penalties for non-payment as other City taxes. (As amended by Ordinance No. 329) Section 8. It is hereby declared to be a nuisance and unlaw- ful for any uncapped well, derrick, rigging, sumphole or other drill- ing equipment or appurtenances to remain upon any premises in the City of Huntington Beach for a longer period than ninety (90) days after the cessation of oil operations thereon; and for the pur- pose of this ordinance the following shall be deemed to be cessa- tion of oil operations, to-wit: (a) The failure to commence actual drilling operations on said premises within sixty (60) days after the date of the issuance of the building permit of the City of Huntington Beach for the erect- ion of the oil or gas well derrick. (b) The failure to prosecute diligently the actual drilling of an oil or gas well on such premises after commencing actual drill- ing operations. Diligent prosecution shall mean the carrying on of actual drilling operations continuously and in good faith for at least eight (8) hours per day at least twenty (20) days out of any • period of thirty (30) days, except during a period of not over fifteen (15) days during which casing is being set. (c) The failure to pay for a period of sixty days after the same becomes due, any license tax upon said derrick or well or the business of operating the same. (d) The failure during any sixty (60) consecutive days to produce and save oil or gas or to operate said derrick or equip- ment for at least eight (8) hours per day at least thirty (30) days out of said period. Provided, however, that nothing herein contained shall be con- strued to prevent the storage of oil well drilling equipment or supplies for commercial purposes at location where there is no uncapped well nor oil derrick within 125 feet thereof, on property under control of the owner of such equipment. Any person, firm, association, corporation, trust or syndicate in charge or control of or having any interest in or owning either in whole or in part any such nuisance or the property on which same is located, whether as principal, agent, servant, employee, or otherwise, who causes, allows or permits any such nuisance to ex- ist shall be guilty of a misdemeanor, and each and every day of the continuance of such nuisance shall be deemed to be a separate offense. Proof of ownership or having charge or control of any in- terest in such nuisance or premises in whole or in part shall be 118 ORDINANCE NO. 280 conclusive evidence of allowing or permitting the condition actual- ly existing. (As amended by Ordinance No. 329) Section 9. It shall be unlawful for any person, firm, or cor- poration, whether as principal, agent, servant, employee, or other- wise, to operate any gas or steam engine, without having thereto attached and maintained all of the time said gas or steam engine his in operation, a muffler to lessen the noise of the exhaust. 4 - Section 10. It shall be unlawful for any person, firm or cor- poration, either as principal, agent, servant, employee or other- wise to cause or permit crude, distilled or refined oil or petroleum, or waste water, or mud to become deposited upon or to flow upon, into or across any sidewalk, curb or street, or into any drainage system, sewer or gutters; provided, however hat it shall be law- ful for the Superintendent of Streets of the City of Huntington / Beach to cause and permit water which contains not more than 100 parts of oil per million to be deposited to flow into storm drainage system under such terms, conditions and restrictions as may be adopted by him; provided however, that said City Super- intendent of Streets shall require all such water to be carried in pipe lines to the gutter of paved streets, or in the event there are no paved streets adjacent to said property then the same must be carried in pipe lines to a manhole of said storm drainage system. Any person, firm or corporation desiring to have the Street . Superintendent of the City of Huntington Beach dispose of or per- mit any water to flow into such storm water drainage system shall file an application requesting such City Street Superintendent to dispose of said water in said drainage system and shall provide at his or its own cost and expense the necessary settling, separat- ing and cleaning apparatus to clarify, settle and clean said water and shall provide the necessary pipe and conduit to conduct said water to the gutter of a paved street or a manhole in said storm water drainage system. In the event such apparatus and equip- ment is provided then it shall be lawful for the Street Superin- tendent to cause any water accumulated upon private property to be deposited or caused to flow into said storm water disposal sys- tem. Nothing herein contained shall be construed to permit any person other than the Street Superintendent to allow or permit any water to be deposited or flow into said storm water drainage system and the Street Superintendent or one of his employees or deputies shall be present at all times. Any person, firm or corporation filing an application to have water accumulating upon his or its property disposed of by the Superintendent of Streets, shall at the time of making said appli-/' D cation, deposit with the Superintendent of Streets a fee of Two-Do1' lars ($2.00) and shall thereafter pay to the Superintendent of Streets of the City of Huntington Beach the sum of $2, r� month for each oil well, rig or derrick from which water may be produced during such time as said person, firm or corporation may desire to have the Superintendent of Streets dispose of the water ORDINANCE NO. 280 119 accumulating upon his or its property. (The Superintendent of Streets shall not dispose of any water accumulating upon private property unless and until the fees herein provided have been paid. All pipe lines and conduits constructed for the purpose of empty- ing water into the storm water drainage system shall tie equipped with valves which shall be capable of being closed and sealed by the Superintendent of Streets and it shall be a violation of this Ordinance for any person, firm or corporation to cause or permit any seal placed upon said valves to be broken or removed or un- locked by any person other than the Superintendent of Streets, his agent or employee (Amended by Ordinance No. 350) Section 11. It shall be unlawful for any person, firm, or cor- poration, whether as principal, agent, servant, employee, or other- wise, to fire, operate, use or maintain any power boiler for the generation of steam power without equipping the smoke-stack with a screen or other adequate device to prevent the escape from said smoke-stack of sparks or ignited carbon or soot. Section 11%. It shall be unlawful for any person, firm, cor- poration, association, or partnership, either as agent, servant, em- ployee, employer, or otherwise, to cause, permit or allow smoke, carbon, or soot from any fire being operated, used, maintained or fired by such person, firm, corporation, association, or partnership, to escape from any smokestack, chimney, flue, vent, firebox, kiln or furnace. (As added by Ordinance No. 319.) Section 12. All Ordinances and parts of Ordinances in con- flict with this ordinance are hereby repealed. Section 13. Every person, firm or corporation, whether as principal, agent, servant, employee, or otherwise, violating or fail- ing, neglecting or refusing to comply with any of the provisions of this ordinance shall be deemed guilty'of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, and each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which the violation of o: failure, neglect or refusal to comply with any of the provisions of this ordinance is committed, continued or permitted. (Amended by Ordinance No. 390) / V,-;— Section 13-A. When e an person is arrested for any viola- tion of the provisions of this Ordinance, unless such person de- mands the right to an immediate appearance before a magistrate, the arresting officer shall, upon production of satisfactory evidence of the latter's identity, take the name and address of such person and notify him in writing to appear at a time and place to be specified in such notice, such time to be at least five days after such arrest and such place to be before the City Judge. Whereupon such officer shall, upon the giving by such person of his written 120 ORDINANCE NO. 280 promise to appear at such time and place, forthwith release him from custody. Whenever any such person refuses to give his written promise to appear as herein provided for or demands an immediate appear- ance before the City Judge, he shall be taken forthwith before the City Judge. He shall then be entitled to at least five days con- tinuance of his case in which to prepare to plead or prepare for trial and he shall not be required to plead or be tried with- in five days unless he waives such time in writing or in open court; provided, that he gives his written promise to appear at such time and place as the court may fix for his further appearance or, upon his refusal to give such promise, upon such bail as the court may fix and he shall thereupon be released from custody. Any person who wilfully violates his promise given in accord- ance with this section shall be guilty of a misdemeanor.regardless of the disposition of the charge upon which he was originally arrest- ed. A promise to appear may be complied with by an appearance by counsel. (13-A Added by Ordinance No. 378) Enacted April 29, 1926. ORDINANCE NO. 283 121 ORDINANCE NO. 283 --C— AN ORDINANCE REGULATING AND RELATING TO THE CON- STRUCTION AND MAINTENANCE OF OUTDOOR ADVERTIS- ING STRUCTURES IN THE CITY OF HUNTINGTON BEACH. —O— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. For the purpose of this Ordinance, certain terms used herein are defined as follows: Advertising structure. The term "Advertising Structure" as used in this Ordinance is hereby defined to be any board, fence, sign or structure erected for advertising purposes, upon the surface of the ground, upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, stuck, tacked, posted, printed, painted or fastened, but this defini- tion shall not be held to include any board, sign or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in performance of a public duty, nor shall it be held to include any real estate sign adver- tising "For Sale or Rent" the property upon which it stands, pro- vided such real estate signs has not a surface area greater than nine (9) square feet. Outdoor Advertising. The term "Outdoor Advertising' as used in this Ordinance is hereby defined to be advertising on any adver- tising structure, or the pasting, posting, printing, painting, nailing or tacking or otherwise fastening of any hand-bills, cards, banners, signs, posters, advertisements or notices of any kind whatsoever upon any fence, building, property or place. Street Line. The term "Street Line" as used in this Ordinance is hereby defined to be the boundary line between the street and the abutting property. Face or Wall of Building. The term "Face or Wall of Build- ing" is hereby defined to be the general outer surface of any main exterior wall of a building.- Street. The term "Street" as used herein shall include all public thoroughfares excepting alleys. Section 2. It shall be unlawful for any person, firm or cor- poration to engage in or carry on the business or occupation of Outdoor Advertising in the City of Huntington Beach without pay- ing the license fee imposed by this Ordinance. The license fee imposed by this Ordinance, shall be payable in advance, and the amount thereof shall be Thirty-Five Dollars ($35.00) per year. Upon the payment of the license fee, the City Clerk shall issue to the person, firm or corporation, paying the license feq, a certificate to be known as the "Outdoor Advertising License," and 122 ORDINANCE NO. ,283 such payment shall entitle the holder to engage in and carry on the business or occupation of Outdoor Advertising in accordance with the provisions of this Ordinance. Section 3. For the purpose of regulating the erection, construc- tion and maintenance of advertising,structures within--the City of Huntington Beach, the territory of the said City shall be divided into districts to be designated and known as (1) Business District; (2) Semi-Business District; (3) Suburban District; and (4) Residence Districts. Section 4. The Business District shall consist of and include all that portions of the City of Huntington Beach within the boundary of Fire District No. 1 as said district is now or may be hereafter defined by Ordinance of said City. Section 5. The Semi-Business District shall consist of an in- clude all lots and parcels of land frontin.o on both sides of the same street within any block wherein more than fifty per cent of the occupied frontage on both side of such street within such block is occupied by buildings, establishments or space, devoted to or utilized for business purposes as distinguished from purely residential pur- poses. For the purpose of this section the term "Block" as defined mean that portion of a street (hereinafter referred to as the primary street) between two cross streets which intersect one or both side lines thereof, provided that in cases where a cross street intersects only one line of such primary street a straight line joining the center line of the terminating cross street at its terminus with the nearest point on the opposite side of said primary street shall limit the block on the other side of the primary street. Section 6. Suburban Districts shall consist of and include all portions of the City of Huntington Beach which are not divided cr sub-divided into lots of one hundred (100) feet or less frontage on any public thoroughfare; provided, however, that every block in which no residential structure is maintained shall be considered a suburban district for all purposes of this Ordinance. Section 7. Residence Districts shall consist of and include all portions of the City of Huntington Beach not included in the busi- ness, semi-business or suburban districts. Section 8. It shall be unlawful for any person, firm or cor- poration to erect or construct, or to cause or permit to be erected or constructed any advertising structure of an area of more than nine (9) square feet within any residence district. Section 9. It shall be unlawful for any person, firm or cor- poration, to erect or construct or to cause or permit to be erected or constructed any advertising structure of an area of more than nine (9) square feet within fifty ( ) s q y (50) feet of a residence within any suburban district of said City. 0 Section 10. It shall be unlawful for any person, firm or cor- ORDINANCE NO. 283 123 poration, to erect, construct or maintain, or to cause or permit to be erected, constructed or maintained any advertising structure upon any lot or premises within the City of Huntington Beach in such a manner that any portion of said advertising structure is nearer to the line of any public side-walk, street, alley or other.public place, than the front line of the nearest building in the same block. Section 11. It shall be unlawful for any person, firm or cor- poration to erect, construct or maintain or to cause or permit to be erected, constructed or maintained within the City of Huntington Beach, any advertising structure erected on the surface of the ground unless all portions of the baseline thereof be at least eighteen (18) inches above the level of the street upon which the advertising structure faces; provided, however, that a horizontal member six (6) inches wide or ornamental pilasters and lattice work may be set between the base line and the ground, but the members com- prising such lattice work shall be of uniform width and shall be so placed that the open or clear space between the members of such lattice work shall be at least equal to the greatest width of any member thereof. Section 12. It shall be unlawful for any person, firm or cor- poration, to erect, construct or maintain or to .cause or permit to be erected, constructed or maintained within the City of Huntington Beach any advertising structure with an advertising surface of more than ten (10) feet six (6) inches in height provided, however, that an ornamental moulding or cornice not exceeding two (2) feet in width may be placed around the same. Section 13. It shall be unlawful for any person, firm or cor- poration, to erect, construct or maintain or to cause or .permit to be erected, constructed or maintained within the City of Huntington Beach, any advertising structure.unless the same be safely and securely. built and constructed, and erected upon.redwood.posts or standard, sunk at least three (3) feet below the natural surface of the ground, and unless the same be braced by timbers or metal rods in the rear thereof extending from the top of said advertising structure to a point in the ground equal to at least one-third (%) of the height of said advertising structure, measured along the ground from the posts or standards upon which said advertising structure is erected, except when fastened to or the vertical supports of which are placed against the wall of the building. Section 14. It shall be unlawful for any person, firm or cor- poration to erect or construct or to cause or permit to be erected, constructed or maintained within Fire District No. 1 of the City of Huntington Beach as said district is now or may be hereafter established by ordinance of said City, any advertising structure un- less the surface of the same is built or constructed of metal or other non-combustible material. The posts or standards upon which the structure rests and the moldings, cornice, braces and lattice work may be constructed of wood. Section 15. It shall be unlawful for any person, firm or cor- 124 ORDINANCE NO.-283 poration, except a public officer or employee in performance 'of / a..public duty .or a private person in giving a legal notice, to paste; post, nail, tack or otherwise fasten any cloth, paper, or card-board banner, hand-bill,- poster, sign or notice o" any kind- upon any building, or upon. any wooden faced advertising structure, fence, enclosure,,bulk-head-or other frame structure-except where a metal surface has been provided. . Section 16. -It shall' be unlawful for any person, firm or cor- poration, erectin_; constructing,. owning or controlling any adver- tising ,structure within the:City of Huntington:;Beach to fail, refuse or neglect .to cause the name of the 'person, firm or corporation; erecting, constructing,. owning or controlling such advertising strut= ture to be plainly marked, painted-or outlined upon or above such advertising in a conspicuous place Thereon. Section 17. It shall be unlawful for any person, firm or. cor- poration, erecting, constructing,. owning or controlling any adver- tising structure within the City of Huntington Beach to fail, .refuse or neglect to remove or cause to be removed any weeds, rubbish, or any inflammable waste or material from the base of any adver- tising structure. Section 18. It shall be unlawful for any person, firm or cor- poration to exhibit, post or display or to cause or permit to be. exhibited, posted or displayed, any immoral or unlawful act, sug- gestion, business or purpose. Section 19. It shall be unlawful for any person, firm or cor- poration, except a public officer or employee in the performance of a public duty, to paste, paint, print, nail or tack or otherwise fasten any card, banner, hand-bill, sign, poster or advertisement or notice of any kind, or cause the same to be done on any curb- stone, lamp post, pole, hydrant, bridge, wall or tree upon any side- walk, street, or public property except as may be required by ordi- nance or law. Section 20. It shall be unlawful for any person, firm or cor- poration, to erect or construct or to cause or permit to be erected, or constructed or maintained, any advertising structure or sign device upon any public side-walk, street, alley or other public place except as may be required by ordinance or law.. Section 21. It shall be unlawful for any person, firm or cor- poration, to erect;.construct or maintain any advertising structure upon.any,property, without the written consent of the owner, holder, lessee, agent or trustee thereof, and a written permit from the building inspector. Section 22. Any person, firm or corporation, either as prin- cipal, agent or otherwise, desiring such building permit shall file with the building inspector an application therefor. Such applica- tion shall set forth the location on which it is proposed to erect such advertising structures, describing the same by lot or block, or by any other description by which the same may be readily ORDINANCE It is hereby declared to be unlawful for any person to change clothes whin an g y public rest room orP e� min the City of Huntington Beach. Z . _ . L } 20 l ORDINANCE NO. 283 125 located and identified. If the application shows that the erection, construction, and maintenance of the proposed advertising struc- ture be in accordance with all the requirements of this Ordinance, the building inspector shall issue a permit upon the payment by the applicant of a fee of Fifty Cents (50c) for each Twenty-Five (25) lineal feet or fractional part thereof of such advertising struc- ture to be erected and maintained. Section 23. It shall be the duty of the Building Inspector and Police department to enforce the provisions of this Ordinance. Section 24. It any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portion of this Ordi- nance shall not be affected thereby, it being the intent of the Board of Trustees of the City of Huntington Beach in adopting this Ordi- nance that no. portion thereof, provision, or regulation contained therein, shall become inoperative, or fail by reason of any un- constitutionality or invalidity of any other portion, provision or regulation. Section 25. That any person,(firm or corporation,)violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than One Hundred ($100.00) Dollars or by im- prisonment in the City Jail for a term not exceeding thirty (30) days, or both said fine and imprisonment. Enacted June 7, 1926. ORDINANCE NO. 288 127 ORDINANCE NO. 288 _4— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, REG- ULATING THE INSTALLATION AND MAINTENANCE OF GAS METERS WITHIN SAID CITY. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm, or cor- poration, whether as principal, agent, servant, employee, or other- wise, to install, connect, operate or maintain, in or along any pipe line within the City of Huntington Beach, any meter for the measure- ment of dry gas conveyed through any such line, without first ob- taining from the City Engineer a permit to so install, connect, operate and maintain the same. No charge shall be made for such permit, but the application therefor must be in writing and state correctly the proposed location of said meter and where the same is to be installed, connected, operated and maintained, by lot and block numbers,numbers, the character of the meter or meters and the num- ber or numbers of the same, and the name or names of the per- son, firm or corporation, or persons, firms, or corporations to be served through said meter or meters, and the date of proposed in- stallation of the same. Section 2. No person, firm, or corporation shall remove or dis- connect any such meter or meters, when once installed without first notifying the City Engineer of the City of Huntington Beach of the intention to remove or disconnect the same, at least twenty-four hours before such removal or disconnection is made. Section 3. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars, or by im- prisonment for not more than ninety (90) days, or by both such fine and imprisonment. Enacted Nov. 1, 1926. ORDINANCE NO. 322 129 ORDINANCE NO. 322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, RELATING TO AND REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF HUNTINGTON BEACH AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. —4-- The City Council of the City of Huntington Beach do ordain as follows: ARTICLE I Definitions Section 1. Whenever in this Ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section: Street. Every way set apart for public travel except alley- ways, bridle paths and foot paths. Roadway. That portion of a street between the regularly es- tablished curb lines. Sidewalk. That portion of a street between the curb lines and the adjacent property lines. Intersection. The area embraced within the prolongation of the property lines of two or more streets which join at an angle. Whether or not one such street crosses the other. Crosswalk. That portion of the roadway included within the prolongation of curb and property lines at street intersections. Safety Zone. That marked portion of a roadway reserved for the exclusive use of pedestrians. Loading Zone. That space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Vehicle. Every device or animal by which any person or prop- erty is or may be transported or drawn upon a street, excepting devices moved by human power or used exclusively upon rails. For the purpose of this Ordinance a bicycle shall be deemed a vehicle. Street Car. Every device traveling exclusively upon rails when upon or crossing a street other than devices propelled by steam. ' Operator. Any person who is in actual personal control of a vehicle or street car. Traffic. Pedestrians, vehicles and street cars, either singly 130 ORDINANCE-NO. 322 or together, while using any street for purposes of travel. Business District. The territory contiguous to a street which is (50) per cent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for retail or wholesale business; also any territory contiguous to a street which is immediately adjacent to or a continuation of a street within a business district when such territory is so designated by the Chief of Police. Right of way. The privilege of the immediate use of the street. Park. To stand a vehicle for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or materials. Official. Warning and Direction Signs and Signals. All. warn- ing and direction signs and signals not inconsistent with this Ordi- nance heretofore or hereafter placed or erected under this Ordinance by authority of the City Council. ARTICLE 11 Section 2. Obedience to Police. Officers of the Police Depart- ment are hereby authorized to direct all traffic by means of visible or audible signal and it shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a traffic or police officer. It shall be unlawful for any minor to direct or attempt to direct traffic, unless authorized so to do by the Chief of Police. Section 3. Signs. The City Council shall by resolution deter- mine and designate the character of all official warning and direc- tion signs and signals. Subject to this selection the Chief of Police is hereby authorized, and as to those signs required hereunder it shall be his duty, to place and maintain or cause to be placed and maintained all official warning and direction signs and signals. All .signs authorized and required hereunder for a particular purpose shall be uniform: No provisions of this Ordinance for which signs are required shall be enforceable against the alleged violator if at the time and place of the alleged violation the sign herein required is not.in proper position and sufficiently legible to be seen by an ordinarily observant person. Section 4. Ordinance to Traffic Signs. It shall be unlawful for any operator or pedestrian to disobey the instructions of any me- chanical or electrical traffic signal, traffic sign or mark upon the street placed in accordance with the provisions of this Ordinance. No public utility or department in this city shall erect or place any barrier or sign unless of a type first approved by the Chief of Police. It shall be unlawful for any operator or pedestrian to disobey the instructions of any barrier or sign approved, as above provided, erected or placed by a public utility or by any depart- ment of this city. Section 5. Traffic Stop and Go Signal Legend. Whenever traffic at any intersection is regulated by a stop and go mechanical ORDINANCE NO. 322 131 or electrical signal, the following colors may be used, and none other, and those colors herein authorized shall indicate as follows. Red, except in flashing signals, requires that traffic shall stop and remain standing. Green requires that traffic shall move and continue in motion, except when stopped for the purpose of avoiding an accident or in the event of other emergency or when stopped at the command of a police officer. Amber shall indicate preparation for a change in the direction of traffic movement. When amber is shown no traffic shall enter the intersection until a green or "Go" signal is shown. Bells.- The ringing of a bell in connection with any.mechanical or electric _signal shall indicate preparation for a. change in the direction of traffic movement. When such bell is sounded no traffic shall enter the intersection until a green or "Go" signal is shown. Section 6. .Crosswalks Established. The Chief of Police-is here- by authorized and.required to establish and maintain and to designate upon the surface of the roadway, by appropriate devices, marks or white or yellow lines; crosswalks approximately equal in width to the adjacent sidewalk at all intersections where in his opinion there is particular danger to pedestrians crossing the roadway. When crosswalks are established and maintained outside a busi- ness district, the Chief of Police shall by appropriate devices, marks or white or yellow lines, mark and maintain along the surface of the .roadway an arrow not less than twelve (12) inches wide in the shaft and not less than thirty (30) feet long, pointing in the di- rection of.such crosswalk, together with the word SLOW in block letters not less than twenty-four (24)_ inches high and not less than four (4) inches wide one hundred (100) feet distant from each crosswalk so established.` Section 7. Display of Unauthorized Signs Prohibited. It shall be unlawful for-'any person to place or. maintain or to display any device, other than an official warning or' direction 'sign or signal erected under competent authority, upon or. in view of a street, which purports to. be, or is.,an imitation of, or resembles, an official warning or direction sign or- signal, or which attempts to direct the movement of traffic or.-the actions of operators, and any such prohibited device shall be a public nuisance and the Chief of Police may'remove it, or cause it to be removed, without'notice.- It shall be unlawful for any person to wilfully _deface, injure; move or interfere with any official warning or direction sign or signal: Section 8. Police and Fire Vehicles Exempt from Certain Rules. The'provisions of this Ordinance regulating the movement, parking and standing of vehicles shall not apply to emergency vehicles of the police or sheriff's office or of the Fire Department'or of a public utility .while :the driver or any such vehicle is engaged in 132 ORDINANCE NO. -322 the necessary performance of public emergency duties. J ARTICLE 111 Pedestrians Sections 9. Pedestrian's Right of Way at Intersection. (a) It shall be unlawful for the operator. of any vehicle or street car to drive into any crosswalks which is marked as provided in Section 6 of this Ordinance, while there is in such-crosswalk upon the half of the roadway upon which such vehicle is traveling any pedestrian engaged.in crossing the roadway until such pedestrian shall have passed beyond the path of said vehicle. (b)• It shall be unlawful for the operator of any vehicle to drive into any unmarked crosswalk where there is in such crosswalk upon the half of the roadway upon which such vehicle is traveling any pedestrian engaged in crossing the roadway until such pedes- trian shall have passed beyond the path of such vehicle, when the pedestrian shall indicate his intention to cross by a timely and continuous warning by holding up his hand palm out toward the approaching traffic. (c) The operator of a vehicle shall stop before entering any crosswalk when any other vehicle proceeding in the same direction is stopped at such crosswalk. (d) The foregoing provisions of this section shall not apply at intersections where traffic is being directed by an officer or traffic stop and go signal, at which intersections the mutual rights of pedestrians and operators of vehicles shall be exercised under the direction of the officer or traffic signals. Section 10. Pedestrian's Limited Right to Use of Roadway. When within a business district, no pedestrian shall cross a road- way other than by a crosswalk. Outside of a business district no pedestrian shall cross a road- way other than by a route at right angles to the curb and when crossing at any place other than a crosswalk shall 'yield the right of way to all vehicles upon the roadway. It shall be unlawful for any person to stand in a roadway for the purpose of or while soliciting a ride from the operator of any private vehicle. Section 11. Pedestrians to Obey Signals. At intersections where traffic is directed by a traffic or police officer or by a traffic stop and go signal, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic. Section 12. Pedestrians Standing on Sidewalks. In any busi- ness district it shall be unlawful for any pedestrian to stand on ORDINANCE NO. 322 133 isthe sidewalks, except as near as is physically possible to the build- ing line or to the curb line. ARTICLE IV Rules for Driving Section 13. Method of Approach for Left Turn. The operator of a vehicle intending to turn to the left at an intersection or into an alley or driveway shall approach the point of turning in the line of traffic next to the center of the roadway. Section 14. Method of Turning to Left at Intersection. The operator of a vehicle in turning left at an intersection shall pass to the right of the center of the intersection before turning, except that where markers have been placed upon the intersection boundary lines to be crossed by vehicle, the operator shall pass to the right of such markers. Section 15. Location of Turning Markers. The Chief of Police is hereby authorized, and as to those intersections mentioned in the following sub-division (1) of this section it shall be his duty, to place or cause to be placed turning markers in intersections as follows: (1) Within intersections where either intersecting roadway is less than sixty (60) feet in width and in intersections where streets meet at other than right angles and in intersections where one street terminates in another, a marker shall be placed at every intersection of the medial line of each street with the prolongation of the property lines of the intersecting street, or as near the in- tersecting point of said lines as may be practical. (2) Intersections other than those mentioned in paragraph (1) may be marked as provided in paragraph (1) or a single marker may be placed within such intersection at the intersection of the medial lines of intersecting streets. Section 16. Left Turns Prohibited. The operator of a vehicle shall not between the hours of seven (7) A. M. and six (6) P. M. of any day except Sunday make a left turn at any intersection when so designated by Resolution of the City Council. Signs shall be erected and maintained designating the provisions of this section. Section 17. Method of Approach for Right Turn. The operator of a vehicle intending to turn to the right at an intersection or into an alley or driveway shall approach the point of turning in the line of traffic nearest the righthand edge of curb of the street. Section 18. When Right Turns May Be Made. The operator of a vehicle may make a right turn at any intersection irrespective of a traffic signal subject to the right of pedestrians at such in- tersection. Section 19. When Turning Around at Intersections. The op- erator of a vehicle may turn such vehicle at an intersection in a 134 ORDINANCE NO. 322 complete circle or so as to proceed in the opposite direction. Section 19'(a) U Turns. The City Council of the City of Hunt- ington Beach may by resolution designate any intersection of public highways at which intersection no U turn in a complete circle may be made, and upon the posting of signs indicating the fact that no U turn is permitted in such intersection it shall be unlawful for the operator of any vehicle to turn said vehicle in a complete circle or so as to proceed in the opposite direction, or to make a U turn at said intersection. (Added by Ordinance No. 334.) Section 19 (b). The City Council is hereby authorized to es- tablish over an appropriate street or streets and to designate by proper signs through traffic routes for the movement of vehicles of two(2) or more tons' capacity designed for carrying merchandise, freight or material. When any such through traffic route or routes are established and designated by appropriate signs, the operator of any vehicle mentioned in this paragraph shall drive on such route or routes and none other, except when it is impracticable to do so, or when necessary to traverse another 'street or streets to an intersection for the purpose of loading or unloading, but then only by such deviation from the nearest freight route as is rea- sonably necessary. (Added by Ordinance No. 334.) Section 20. Driving from Alleys. The operator of a vehicle emerging from an alley, driveway or garage, in the business dis- trict shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extended across any alleyway. Section 21. Vehicles Shall Not Be Driven ..On Sidewalk. The operator of a vehicle shall not drive within any sidewalk area ex- cept at a permanent or temporary driveway. Section 22. Certain Vehicles Prohibited in Business District. It shall be unlawful for the operator of any of. the following ve- hicles to drive the same in any business district between the hours of seven (7) A. M. and six (6) P. M. of any day except Sunday. 1. Any vehicle so loaded that any part of its load extends more than three (3) feet to the .front or more than ten (10) feet to the rear of said vehicle. Section 23. The following street intersections in the City of Huntington Beach are hereby designated as "STOP" intersections: 1. Main Street and Walnut Avenue. 2. Main Street and Olive Avenue. 3. Main Street and Magnolia Avenue. 4. Main Street and Fifth Street and Frankfort Street Extension. 5. Main Street and Seventeenth Street. 6. Lake Street and Frankfort Street Extension. 7. Seventeenth Street and Orange Avenue.' . 8. Delaware Avenue and Indianapolis Street. 9. Delaware Avenue and Frankfort Street. All vehicles entering or crossing said intersections are hereby ORDINANCE NO. 322 135 . required to stop at the following entrances thereof, provided said entrances are clearly marked or sign-posted as required by the Vehicle Code of the State of California: 1. Main Street and Walnut Avenue: All vehicles entering or crossing said intersection from :Walnut Avenue are. required to stop at the entrance thereof. 2. Main Street and Olive Avenue: All vehicles entering or crossing said intersection from Olive Avenue are required to stop at the entrance thereof. 3. Main Street and Magnolia Avenue: All vehicles entering cr crossing said intersection from Magnolia Avenue are required to stop at the entrance thereof. 4. Main Street and Fifth Street and Frankfort Street Exten- sion: All vehicles entering or crossing said intersection from Fifth Street or from Frankfort Street Extension are required to stop at the entrance thereof. 5. Main Street and Seventeenth Street: All vehicles entering or crossing said intersection from Seventeenth Street are required to stop at the entrance thereof. 6. Lake Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Lake Street are required to stop at the entrance thereof. 7. Seventeenth Street and Orange Avenue: All vehicles en- tering or crossing said intersection from Orange Avenue are required to stop at the entrance thereof. 8. Delaware Avenue and Indianapolis Street: All vehicles en- tering or crossing said intersection from Indianapolis Street are re- quired to stop at the entrance thereof. 9. Delaware Avenue and Frankfort Street: All vehicles en- tering or crossing said intersection from Delaware Avenue on the northerly side of Frankfort Street are hereby required to stop at said northerly entrance. The Chief of Police is hereby authorized and directed to place and maintain a "STOP" sign at or near the entrance of the inter- section where said stop is required. Said "STOP" sign shall comply with the provisions of said Vehicle Code of the State of California. (Amended by Ordinance No. 428.) Section 24. Following Fire Apparatus Prohibited. It shall be unlawful for the operators of any vehicle, other than one on offi- cial business, to follow any fire apparatus traveling in response to a fire alarm, closer than five hundred (500) feet. I \ Section 25. Crossing Fire Hose. No street car or vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or street car track, with- 136 ORDINANCE NO. 322 out the consent of the Fire Chief or the assistant in command. • Section 26. Bicycle Riding Restricted. It shall be unlawful to ride a bicycle upon any sidewalk. The rider of a bicycle upon a roadway shall ride as nearly as practicable within five (5) feet of the righthand curb or edge of the roadway except when passing a standing or other vehicle or making a lefthand turn at an inter- section. Section 27. Riding on Handle Bars Prohibited. It shall be un- lawful for the operator of any bicycle or motorcycle when upon a street to carry any other person upon the bar, handle or tank of any such vehicle or for any person to so ride upon any such vehicle. Section 28. Unlawful to Drive Through Funeral Procession. It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession, provided that such vehicles are conspicuously so designated. Section 29. Clinginb to Moving Vehicles. It shall be unlawful for any person traveling upon any bicycle, motorcycle or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle or street car upon any roadway. Section 30. Use of Coasters, Roller Skates and Similar De- vices Restricted. It shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar T device to go upon any roadway. ARTICLE V Stopping, Standing and Parking Section 31. Stopping Prohibited in Specified Places. It shall be unlawful for the operator of a vehicle to stop such vehicle in. any of the following places except when necessary to avoid con- flict with other traffic or in compliance with the direction of a police officer or traffic sign or signal: (1) In an intersection. (2) In a crosswalk. (3) Between a safety zone and the adjacent curb or within twenty (20) feet of a point on the curb immediately opposite the end of a safety zone. (4) Within fifteen (15) feet of an intersecting roadway except busses at a designated bus stop. Upon all streets within any business district the Chief of Police shall designate the provisions of paragraph (3) and (4) of this sec- tion by placing and maintaining red paint or other red material upon the entire curb surface within areas omitting any crosswalk area or by placing and maintaining appropriate signs directing that the stopping of vehicles is prohibited. Section 32. Standing for Loading Only in Certain Places. (a) It shall be unlawful for the operator of a vehicle to stop said vehicle for a period of time longer than is necessary for the load- ORDINANCE NO. 322 137 ing or unloading of passengers or material, provided that the load- ing or unloading of passengers shall not consume more.'than three (3) minutes, nor the loading or unloading of materials more than thirty (30) minutes, in any of the following places: �) 1. At any curb where the grade of the street exceeds twelve per cent (12%): 2. •In any alley: 3. In any "Loading Zone": 4. At any curb within twenty-five (25) feet of the entrance to any hospital: 5. At any curb within fifty (50) feet of the entrance to any police station: 6. At any curb within fifteen (15) feet of a fire plug: 7. In any marked bus stop. (b) The Chief of Police shall determine the location of "Load- ing Zones" and shall mark by appropriate signs or as specifically required herein those places where standing for loading only is permitted under this section, subject to the following requirements and limitations: Bus stops shall be designated by appropriate signs at those places determined by the Chief of Police, except that a bus stop shall not exceed fifty (50) feet in length and shall not be placed adjacent to a safety zone at a street car stop: Every loading zone, also that portion of every curb reserved for loading only by paragraphs 4, 5, and 6 of Sud-division (a) of this section shall be designated by yellow paint or other yellow material upon the entire curb surface therein with the words: "LOAD- ING ONLY" in black letters thereon: Within any business district not more than one-half of the total curb length in any one block may be set apart as a loading zone. Section 33. Parking Time Limit in Specified Places. The op- erator of a vehicle shall not park such vehicle for longer than two hours within any portion of any street in said City between the hours of 9 A. M. and 6 P. M. of any day, which portion of such street has been designated by resolution of the City Council of the City of Huntington Beach as subject to a two hour parking limit. The Chief of Police shall erect or cause to be erected and maintain and cause to be maintained not more than one hundred fifty (150) feet apart in each block subject to two-hour parking limit, signs designating the provisions of this section. (Amended by Ordinance No. 373.) Section 34. Early Morning Parking Limited. It shall be un- lawful for the operator of any vehicle to park said vehicle on any street for a period of time longer than thirty (30) minutes between the hours of 2 A. M. and A. M. of any day. Section 35. Standin or Close to Curb. The operator of a I- / + 138 ORDINANCE NO. 322 vehicle shall not stop, stand or park such vehicle in a roadway other than parallel with the curb and with the two righthand wheels of vehicle within one (1) foot of the regularly established curb line, except that upon those streets which have been marked for angle parking, as provided in this section vehicles shall be parked at the angle to the curb indicated by such marks. The City Council by Resolution or the Chief of Police is hereby authorized to determine upon what streets angle parking shall be permitted and to indicate such places by the painting of white or yellow lines upon the surface of the roadway to indicate the proper angle for parking, provided that such lines shall not be placed upon, nor shall angle parking be permitted upon any street where such parking would diminish the width of the roadway available for travel to less than twenty (20) feet, nor upon any street which is a continuation of or part of a county trunk line highway or a state highway unless a clear width of forty (40) feet is left for the move- ment of vehicles when angle parking is permitted. The Chief of Police is hereby authorized to prohibit the park- ing of vehicles, provided appropriate signs are placed and main- tained to give notice thereof, on one side of a street in any block where angle parking is permitted on the opposite side of the street in such block. Section 35 (a). It shall be unlawful for any operator of any motor truck to park the same, except between the hours of 4 A. M. and 9 A. M., on Main Street between Ocean Avenue and Olive Avenue, in the'City of Huntington Beach, and on Walnut Avenue between Third Street and Fifth Street in said City, except at loading zones regularly designated and marked as in this Ordi- nance provided; provided, however, that the Chief of Police of the City of Huntington Beach may issue a special permit to an operator of a motor truck to park on said streets for the purpose of loading and unloading personal property in cases of emergency or necessity, and for the loading and unloading of building material and bulky articles, to and from business houses located on said streets and property fronting thereon; and further provided that no loading zones shall be designated or marked on Main Street between Ocean Avenue and Olive Avenue. (Added by Ordinance No. 422.) Section 36. Parking Vehicles for Sale. It shall be unlawful for the operator of any vehicle to park the same upon any street for the purpose of displaying it for sale, or to park any vehicle upon any street in any business district from which said vehicle mer- chandise is being sold. Section 37. Riding on Vehicle Running Board. It shall be unlawful for any person to ride upon the fender or running board of any vehicle. Section 38. Railway Trains and Street Cars Not to Block Street. It shall be unlawful for the operator of any steam, inter- urban or street railway train or car to operate the same in such ORDINANCE NO. 322 139 a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes. ARTICLE VII Penalties Section 39. 'Penalties. Any person violating any of the pro- visions of this Ordinance, or any rule or regulations made by the City Council or the Chief of Police pursuant thereto, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not to exceed three hundred dollars ($300.00) or by imprison- ment in the County Jail of Orange County, for not more than three months (3), or by both such fine and imprisonment in the discretion of the court. Enacted Dec. 3, 1928. ORDINANCE NO 324 141 ORDINANCE NO. 324 AN ORDINANCE REQUIRING OWNERS OF VICIOUS DOGS TO KEEP THEM UNDER CONTROL AND PROVIDING FOR PEN- ALTIES FOR VIOLATIONS OF THE PROVISION HEREOF. —O— The City Council of the City of Huntington Beach do ordain as follows: Section 1. It shall be the duty of the Chief of Police, upon receiving an affidavit from any person who has been bitten by a dog or from any person who has witnessed such occurrance, to notify the owner, possessor, or custodian of such dog in writing, to keep such dog, at all times, on the property or premises where such owner, possessor, or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to post a notice conspicuously on such premises bearing the words "BEWARE OF DOG", in letters at least one and one-half inches high, or to securely hold said dog or cause said dog to be securely held by a leash or other device or means, so as to prevent said dog from wandering, straying, or getting beyond the control of its custodian. Section 2. After the receipt by the owner, possessor, or cus- todian of such dog, of the notice provided for in Section 1 hereof, said owner, possessor, or custodian shall, at all time thereafter, keep such dog, or cause such dog to be kept on the property or premises where such owner, possessor, or custodian resides, or on the property or premises. where the person resides to whom the custody of such dog has been given, and post a notice conspicuously on.such premises, bearing the words "BEWARE OF DOG" in letters at least one and one-half inches high, or such owner, possessor, or..custodian. shall securely hold said dog, or cause said dog to be securely held by a.leash or other device or means, to prevent said -dog from wandering, straying or getting beyond the control of said owner, possessor, or custodian. Section 3. Any person violating any of the provisions of this Ordinance-shall-be ,guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100.00), or by imprisonment in the County Jail of Orange County, not exceeding thirty (30) days, or by both such fine and imprisonment, and in the event of a failure to pay any fine so levied, the same may be collected by imprisonment in the County Jail at the rate of one (1) day for each dollar of the fine. Enacted April 8, 1929. ORDINANCE NO. 325 143 l ORDINANCE NO. 325 --i— AN ORDINANCE PROHIBITING THE DISTRIBUTING OF HAND BILLS AND CIRCULARS IN THE CITY OF HUNTINGTON BEACH. -o-- The City Council of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person, firm, co-part- nership, association or corporation, either as owner, agent, servant, employee or distributor of another, or acting in his, its or their own behalf, to throw, cast, leave, place, deposit or distribute any hand bills, dodgers, newspapers or other form or kinds of adver- tisement, propaganda, notice or announcements in or upon any pub- lic street, highway, thorough-fare, alley or other public place in the City of Huntington Beach or upon any private property or place in said city without the consent of the owner or person in possession of such private property or place. Section 2. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dol- lars ($100.00) or by imprisonment in the County Jail of Orange County, not exceeding thirty (30) days or by both such fine and imprisonment and in the event of a failure to pay any fine so levied, the same may be collected by imprisonment in the County Jail at the rate of one day for each dollar of the fine. Enacted April 8, 1929. ORDINANCE NO. 327 145 ORDINANCE NO. 327 / - - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH LIC- ENSING ALL KINDS OF BUSINESS CARRIED ON IN THE THE CITY OF HUNTINGTON BEACH, FIXING THE RATE OF LICENSE TAX UPON THE SAME, PROVIDING PENAL- TY FOR ALL VIOLATIONS THEREOF, AND REPE ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH, —O— The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person or persons, firm, co-partnership or corporation, or for any person as agent, servant, clerk or employee, or for himself or for any other person, firm, co-partnership or corporation within the corporate limits of the City of Huntington Beach to transact, engage in or carry on any pursuit, trade, occupation, avocation, employment, business or calling herein specified until he, she, they or it shall have first obtained a license therefor as in this Ordinance required. Each and every day or fractional part of a day that said pur- suit, trade, occupation, avocation, employment, business or calling in this Ordinance specified is conducted or carried on without such license, shall constitute a violation of this Ordinance, and any per- son, who, for himself, or for any other person, firm, co-partnership or corporation shall violate any of the provisions of this Ordinance, shall, for each violation thereof, be deemed guilty of a misde- meanor, and upon conviction by any court having jurisdiction there- of, shall be fined therefor in a sum not in excess of $200.00 or shall be imprisoned in the City or County Jail not exceeding thirty (30) days, or by both such fine and imprisonment; provided, how- ever, that if any person shall furnish such evidence as shall satisfy the Chief of Police and the City Clerk, that he or she, by reason of misfortune or physical infirmity, merits exemption from any section or clause of this Ordinance, a free license may be issued to such a party for a limited number of consecutive days to.be specified in such license, not in any event to exceed sixty (60) days in any one fiscal year, nor shall more than one license be issued to or for the benefit of any such person in any one fiscal year, under this proviso, and providing further, that any honor- ably discharged soldier, sailor or marine of the United States, shall have the right to hawk, peddle and vend any goods, wares or j merchandise not otherwise unlawful, by and for himself, only, with- out the payment of any license tax or fee whatsoever, and a license i' shall be issued to each such soldier, sailor or marine, without cost upon presentation of his certificate of honorable discharge from the Army, Navy or Marine Corp of the United States, and upon proof of his identity to the officer issuing the same, provided, how- ever, that nothing contained herein shall be construed to do away 146 ORDINANCE NO."327 with the necessity of obtaining the license herein mentioned in any case whatsoever. Annual licenses shall date from the first day of Jizly; quar- ter annual licenses shall date from the first day of July, October, January and April of the year in which they are issued; monthly licenses shall date from the first day of the month in which they are issued. Where licenses are issued hereunder for the unexpired part of the annual or quarter-annual term, the amount of license fee required shall be proportioned accordingly; provided that the minimum license fee for an unexpired annual term shall be one- quarter of the annual license fee, and the minimum license fee for an unexpired quarter-annual term shall be one-third thereof. All licenses shall be paid for in advance and no rebate given for any unused portion of the term. All licenses issued under the provisions of this Ordinance shall be posted in the place of business of licensee named in such lic- ense, and the said license shall be produced by the licensee when- ever the same shall be required by the Chief of Police, or any other officer of the City. It is hereby made the duty of the Chief of Police to enforce all the provisions of this Ordinance. No personal demands or no- tices by the Chief of police to such persons owing such license tax shall be necessary to incur the penalties of this Ordinance. Section 2. All licenses issued under and by virtue of this Ordinance shall be printed in blank form signed by the Clerk of the City of Huntington Beach. The City Clerk shall set forth in said license the name of the party to whom the license is issued. the nature of the trade or business, he, she, they or it are licensed to pursue, the time for which the same is granted, the date thereof, the amount paid therefor, and the location where said trade, busi- ness, calling or avocation is carried on, or proposed to be carried on. The City Clerk shall cause to be printed a sufficient number of such license forms as may be required for one year, in book form with blank stub to each, and shall deliver the same to the Chief of Police from time to time as may be required and charge the Chief of Police therewith, who shall appear at the office of the City Clerk on the first Monday in each month and settle for the licenses sold; provided, however, that all licenses now issued shall be good for the time for which such licenses were issued, unless sooner revoked by the Board of Trustees. The City Clerk shall on application of the Chief of Police issue to him such blank licenses as may be required, receiving at the time of issuing same, from the Chief of Police, a statement of the person to whom issued and the time of commencement and expiration of said license, which statement must be inserted by the City Clerk on the stub of said license issued and which stub must ORDINANCE NO. 327 147 be kept in the office of the City Clerk. Section 3. Any license granted or issued under the provisions of this ordinance shall authorize the licensee to transact or carry cn the business or calling therein named at the place therein des- ignated and no other, and the said license shall not be transfer- able nor assignable except by the approval of the City Clerk, ex- cept as provided herein. No license shall be granted if any prior license fee remains unpaid. Each licensee, under this ordinance, shall be personally re- sponsible for the proper operation of the business which he may be licensed to conduct hereunder and for the observance of all laws and ordinances applicable thereto by anyone engaged in or connect- ed with said business. Any licensee who shall permit a violation of the city Ordi- nances or state laws or of the laws of the United States of Ameri- ca within his licensed establishment shall be subject to having his license suspended or permanently revoked by the City Council. Any license issued hereunder may be revoked by the City Council upon its own motion or upon the verified complaint of any citizen or res- ident of the City of Huntington Beach and satisfactory and con- vincing proof that the licensee is conducting the business licensed in . such a manner as to be detrimental to the public health, morals or safety. No such license shall be revoked except upon a hearing by the City Council, of which hearing the licensee shall have had not less than ten (10) days' notice. Such notice, written and served upon the licensee either personally or by registered mail, and when by registered mail, deposited in the United States Post Office at Huntington Beach, California not less than ten (10) days before the date of the hearing, addressed to the licensee at the place for which the license was issued, with postage prepaid there- on, shall be sufficient notice. At such hearing the licensee shall be entitled to be represented by counsel and shall be given full op- portunity to show cause why his license should not be revoked. (Amended by Ordinance No. 372) Section 4. No license shall be issued for any livery or feed stable, public laundry, where washing is done for hire, hotel lodg- ing house, service station, gasoline plant, topping plant, oil re- finery, absorption plant, warehouse, supply or storage depot or yard, cracking plant, dance hall, oil distillery, chop house, coffee house, bakery, restaurant, lunch counter, shooting gallery, stand or place where fire works or novelties are sold, billiard room, pool room, pocket billiard room, skating rink, merry-go-around, bowling alley, transportation of passengers by boat or aeroplane or automobile for hire, or forune telling, clairvoyance and kindred practices, garage, creamery, auction house, junk dealers or collectors, wreck- ing houses or handling second-hand automobiles, stands or places on the public streets, or peanut venders, tamale stands or lunch wagons\nor shall the same be assigned or transferred, except on the order of the City Council of the City of Huntington Beach, and 148 ORDINANCE NO. 327 then only upon payment of transfer fee of One Dollar ($1.00), and whenever any person, persons, firm, co-partnership or corporation, desires to open or keep any business specified in this section, he, she, they or it, shall petition the City Council to order a license therefor, which petition shall set forth the name of the applicant, the character of the business and the location of the premises where the business is to be conducted, and on the hearing of said petition the said Council may grant the same in whole or_in part or may reject the same and no license shall be issued thereon ex- cept as ordered by said Council. Where any business in this sect- ion specified may become dangerous to or affect the public health, peace or safety, the City Council may refuse to grant the license. (Amended by Ordinance 396) Section 5. All police officers are hereby appointed inspectors of licenses and in addition to their several duties as police officers are hereby required to examine all places of business and persons in the City of Huntington Beach liable to pay license for the trans- action or carrying on of any business, profession, avocation, trade, calling or occupation as provided by this Ordinance, and to see that such licenses are taken out, and shall exercise in connection with their said duties as license inspectors the power to make arrests for violation of any of the provisions of this Ordinance; to enter without charge at any time any place of business for which a lic- ense is required by this Ordinance and to demand the exhibition . of such license for the current term, and if any such person shall there and then fail to exhibit such license, such person shall be liable to the penalty provided for a violation of this Ordinance. It is hereby made the duty of the police officers to cause complaint to be filed against all persons violating any of the pro- visions of this Ordinance. The Chief of Police is hereby directed to carry into effect the provisions of this section. Section 6. The conviction and punishment of any person trans- acting or carrying on any business, trade, calling, profession, avoca- tion or occupation in the City of Huntington Beach without a license as provided by this Ordinance, shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction and nothing herein shall prevent the com- mencement and maintenance in a court of competent jurisdiction of an action to recover such license tax. In no case shall any mistake by the said City Clerk or any officer of the City of Huntington Beach in stating the amount or terms of such license, or the time for which same is to run, pre- vent or prejudice the collection by the City of what shall be act- ually due with all costs from anyone carrying on a business, trade, calling, profession or occupation without the license provided by this Ordinance. Section 7. The provisions of this Ordinance shall not apply to churches, religious societies, fraternal societies, patriotic societies ORDINANCE NO. 327 149 or charitable societies of the City of Huntington Beach. Section 8. The rate of license for carrying 'on the pursuit, trade, occupation, avocation, employment, business or calling speci- fied in this Ordinance, shall be as follows: Section 9. Any person, firm or corporation conducting or carrying on a business of'any kind or description anywhere in the City of Huntington Beach, a license for which is not otherwise pro- vided,for in-this Ordinance or any other ordinance. of this City, shall;obtain..a general business license, and the rate for such license is hereby fixed at $12.00 per annum. Section 10. The rate'of' license for engaging in or carrying on the business of peddling from place to place on public Streets any merchandise not otherwise specifically licensed herein, is hereby fixed at $50.00 -per annum or $10.00 per day,, which license tax shall cover one person only, and an.additional like,fee shall be paid.,for each additional person so engaged. If ,such additional fees are paid duplicate licenses shall be issued for each person so licensed. The provisions of this section shall not affect delivery- men or employees of any holder of a general business license in the City of Huntington Beach delivering merchandise sold at or through such place of business. No license shall be required of any individual peddling any �. vegetables, fruits, nuts, meats, flowers, nursery stock, poultry, eggs, or dairy products raised or produced by the individual peddling the same. Section 10-A. The rate of license for carrying on the business of delivering or selling water at points within the City of Hunt- ington Beach is hereby fixed at Sixteen ($16.00) Dollars per an- num., (Added by Ordinance No. 366) Section 11. The rate of license for conducting or maintaining the business of soliciting or canvassing or taking orders for any goods, wares or merchandise, and not.having a regularly established and fixed place of business-in the City of Huntington Beach duly licensed hereunder, or. not as agent or representative or such reg- ularly established place of business, the sum of $10.00 per day or $50.00 per,year, and each such person shall,.in. addition• thereto; execute the bond required by Section XXXII of this Ordinance in the.sum of $500.00 and deliver the same to the City Clerk of the City of Huntington Beach; provided, however, that nothing herein contained shall be deemed to regulate or apply..,to zany interstate commerce or business. Section 12. The rate of license for operating, managing, or carrying on the business of machine shop or acetylene or electrical welding is hereby fixed at $25.00 per annum. Every person, firm or corporation engaged in said.business of acetylene or electrical welding shall at all times maintain adequate screens around and about and over any and all acetylene and elec- 150 ORDINANCE NO. 327 trical torches used by him, her, they or it in the welding business so as to obscure from public view the flame of such acetylene or electric torch or torches when in operation. Section 13. The rate of license for conducting or carrying on an auction, auction house, or the business of auctioneer for selling goods, wares, or merchandise at auction shall be $5.00 per day. Section 14. The rate of license for carrying on the profession or business of astrology, palmistry, phrenology, fortune telling, cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship, prophecy, augury, magic or necromancy where a fee is charged or received for the practice or exhibition of any such practice, the sum of $20.00 per day. Section 15. The rate of license for conducting the business of buying, selling, leasing, renting, or exchanging or in any way deal- ing in real estate or real property as broker or agent of another or where commissions are received or charged, shall by $12.00 per year. Provided, that salesmen working through or for the office of any broker, duly licensed in the City of Huntington Beach, shall pay a license, the rate of which is hereby fixed at $3.00 per annum. Section 16. The rate of license for the business of the opera- tion of a laundry or towel service established in the City of Hunt- ington Beach, is hereby fixed at Twelve ($12.00) Dollars per an- num. The rate of license for the business of the operation of a laun- dry wagon, or towel service wagon, is hereby fixed at Twelve ($12.00) Dollars per annum, subject, however, to the provisions of Section 30 of this Ordinance. Each such wagon or vehicle shall be construed to be and the same is hereby defined to be a separate business under the meaning of this section. A laundry wagon or towel service wagon is hereby defined to be a vehicle run, operated or driven from house to house, or to places of business, hotels, restaurants, lodging or apartment houses in the City of Huntington Beach, for the purpose of exchanging towels or other linen, or soliciting for, collecting or receiving table or bed linen or other articles to be washed and returned, unless such wagon or vehicle is operated by the owner of, and as a part of, a laundry or towel service, that has paid the license mentioned in the first paragraph of this section, and the actual operation of washing is carried on within the City of Huntington Beach. Licenses issued under the provisions of this section shall in- clude the business of alteration, mending or repairing of articles washed; provided, however, that this Ordinance shall not be con- strued to prevent or bar the collection of any license fee which has heretofore become due hereunder. (Amended by Ordinance No. 385) 40 Section 16-A. The rate of license for the business of the op- ORDINANCE NO. 327 151 eration of the cleaning, pressing or dyeing of clothes or other articles, established in the City of Huntington Beach, is hereby fixed at Twelve ($12.00) Dollars per annum. The rate of license for the business of the operation of a wagon for the collection and;or delivery of clothes for cleaning or pressing, or dye works, is hereby fixed at Twelve ($12.00) Dollars per annum. Each such wagon or vehicle shall be construed to be, and the same is hereby defined to be a separate business under the meaning of this Section. A wagon for the collection andlor delivery of clothes for clean- ing, or pressing, or dye works, is hereby defined to be a vehicle run, operated or driven from house to house, or to places of busi- ness, hotels, restaurants, lodging or apartment houses, in the City of Huntington Beach, for the purpose of soliciting for, or collecting, or receiving clothes or other articles to be cleaned, pressed or dyed, and returned; unless such wagon or vehicle is operated by the owner of, and as a part of, a cleaning, pressing or dyeing business, that has paid the license mentioned in the first paragraph of this section, and the actual operatii— or cleaning, pressing and dyeing is carried on within the City of Huntington Beach. Licenses issued under the provisions of this section shall in- clude the business of alteration, mending or repairing of articles • pressed, cleaned or dyed. (Added by Ordinance No. 352) Section 16-B. The practice of going in and upon private resi- dences in the City of Huntington Beach, State of California, by solicitors, peddlers, hawkers, itinerant merchant and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residence for the purpose of soliciting orders for the sale of goods, wares and merchandise, newspapers, books, pictures, periodicals, magazines, insurance and building and loan stock or accounts, andlor for the purpose of demonstrating or advertising the same andior for the purpose of disposing of anjor peddling or hawking the same, is hereby declared to be a public nuisance and punish- able as such as a misdemeanor. (Sec. 16-B Added by Ordinance No. 385) Section 17. The rate of license for operating, conducting or maintaining the business of hotel lodging house shall be Twelve ($12.00) Dollars per annum for each such hotel or lodging house. (Amended by Ordinance No. 352) Section 18. The rate of license for engaging in or carrying on the business or profession hereinafter enumerated is hereby fixed at $6.00 per annum: Architect Chiropractor Chemical Engineer Assayer Dentist Occulist Attorney-at-law Optician Osteapathist Auditor Optometrist Chiropractor Accountant Chiropodist Physician 152 ORDINANCE NO. 327 Mechanical Engineer Electrical Engineer Surgeon Chemist Civil Engineer Veterinarian Section 19. The rate of license for conducting, managing or carrying on the business of buying and selling second hand clothing is hereby fixed at Twelve ($12.00) Dollars per annum. (As amend- ed by Ordinance No. 379) Section 20. The rate of license for managing, conducting or carrying on the business of selling, offering for sale or otherwise handling by special retail sale, the stock in trade of any bankrupt or insolvent person, the sum of $10.00 per day. Section 21. The rate of license for conducting or carrying on the business of pawn broker shall be $150.00 per annum. Section 22. The rate of license for managing, conducting or carrying on any business in any stand, concession, store, or place where articles of personal property for use or consumption are loaned, rented, let, served, sold, made or manufactured, or where any particular service is rendered, and not as a regularly establish- ed place of business, except as otherwise provided, is hereby fixed at Twenty-five ($25.00) Dollars per day. (Amended by Ordinance No. 352) Section 23. The rate of license for conducting, operating or • maintaining a gasoline manufacturing plant, topping plant, absorp- tion plant or plant where gasoline is extracted from natural gas, or a plant for refining, distilling or reducing petroleum, shale oil, oil tar, oil or other hydro-carbon substance is hereby fixed at $48.00 per annum. Section 24. The rate of license for conducting or managing a blacksmith shop, shoe-shine parlor or bootblack stand shall be $6.00 per annum. Section 25. The rate of license for carrying on or maintaining the business of house moving is hereby fixed at Twelve ($12.00) Dollars per annum. Every person desiring to engage in the business of house mov- ing shall, before receiving a license for said business, execute and deliver to the City Clerk the bond required by Section 22 of this Ordinance in the sum of Two Thousand ($2,000.00) Dollars. Such house-mover must comply with all conditions laid down in the Ordinance of the City of Huntington Beach and must repair and make good all damages or injuries caused by the moving of any house or structure. A permit shall be obtained from the Building Inspector be- fore moving any building; the fee to be paid for such permit is hereby fixed at One ($1.00) Dollar for any single story building ' having a floor space of less than 360 square feet, and for less than 900 square feet the sum of Three ($3.00) Dollars; for any building having a floor space of 900 square feet or more, the sum of Five i ORDINANCE NO. 327 153 ($5.00) Dollars; for each tank having a net capacity of 500 barrels and less than 1,000 barrels, the sum of One ($1.00) Dollar; for each tank having a net capacity of 1,000 barrels and less than 2,000 barrels, the sum of Three ($3.00) Dollars; for each tank having a net capacity of 2,000 barrels or more, the sum of Five ($5.00) Dollars. A Fluid barrel under the meaning of this Ordinance con- tains 42 gallons. No permit fee shall be required to be paid for the moving of any building having a floor space of less than 200 square feet, or for any tank having a net capacity of less than 500 barrels; provided that the permit fee paid for moving any dwelling house shall include the private garage used in connection therewith and which is a part of the same premises. At the time of the issuance of said permit the applicant shall also pay to the Building Inspector the sum of One ($1.00) Dollar for the first day and Three ($3.00) Dollars for each additional day during which said removal is limited. When a building is to be moved from one part of a lot to an- other lot owned by the same person, and without crossing any Are et, alley or other property of any other person, the owner must first obtain a written consent of the Building Inspector to change the location of such building, and such consent shall not be granted where there is a reasonable objection on the part of the property owner adjoining, and the fee for such permit shall be One Dollar ($1.00), and service of a licensed house mover will not be required in such a case. (Amended by Ordinance No. 355) Section 26. The rate of license for conducting, maintaining a public bath house or plunge shall be and the same is hereby fixed at $12.00 per annum. Section27. The rate of license for every show, concert, theatre or similar entertainment conducted or presented within the City.of Huntington Beach, the sum of $12.00 per annum, provided that for every show, concert or theatre held in a tent or other tempor- ary structure or enclosure the license shall be $5.00 per day; and " provided further that this license does not include the sale of any personal property or merchandise for use or consumption. Section 28. The rate of license for conducting, carrying on or managing the business of maintaining any(game,)exhibition, amuse- ment, recreational device or any kind of ,amusement or entertain- ment not otherwise provided for in this Ordinance and charging or collecting any admission or playing fee or rental fee or accepting any free-will offering therefor, is hereby fixed at Twelve ($12.00) Dollars per annum or Five ($5.00) Dollars per day, for each game exhibition, amusement or recreation maintained as a separate` bus iness. Within the meaning of this Section are riding academy or rental of ponies or automobiles, except taxi service, carrying pas- sengers in airplanes, fishing or sight-seeing boats, bowling alley, pool hall, shooting gallery, dance hall, skating rink,Vmes of skit and like entertainment or recreation except as provided elsewher 154 ORDINANCE NO. 327 and providing further that no license may be issued for the carry- ing of passengers in airplanes or fishing or sight-seeing boats until the individual or firm requesting same deposit with the City Clerk a personal or surety bond conditioned in accordance with Section XXXII of this Ordinance in the amount of $25,000.00,1 or furnish and deliver to the City Clerk of the City of Huntington Beach an insurance policy fully paid for, inuring to the benefit of the lic- ensee and the City of Huntington Beach and guaranteeing the payment of any judgment for damages which may be obtained against the licensee or the City of Huntington Beach by reason—of—- the carrying on of the said business. Said insurance policy shall be against personal injury, or death or damage to personal prop- erty, and shall be in the sum of $5,000.00 for damage to personal property and in such an amount for injury to or death of one or more persons as the City Council of the City of Huntington Beach may determine is necessary. (Amended by Ordinance No. 400) S0 Section 28-A. The rate of license for conducting, carrying on or managing the business of maintaining any place of amusement wherein is carried on a game or games of skill 4and science, or any device similar in character, or like entertainment or recreation, is hereby fixed at $5.00 per annum for each chair stool or player's I. place provided or used in or at such games;,provided, however, that the minimum license for any such game operated as a separate i business in the City shall be $500.00 per annum; and providing, further, that nothing herein contained shall in any manner what- soever at any time or under any circumstances whatsoever, be con- strued as permitting any gambling or lottery in connection with any such games, and that the said games shall be for amusement pur- poses only that each and all of such games shall be operated in full conformity with and subject to all provisions of the laws of the State of California relating to the playilig and operation of games of skill and science, and also any and all ordinances of the City of Huntington Beach relating thereto. Said license fees shall be payable in advance, and on and after date of enactment of this ordinance, upon receipt of application bearing name of applicant,' place and type of s tie business, together with requi fee, the City rk shall Cle 'issue—license for same, provided, however, that in no .case shall the City Clerk issue license for more than two (2) busi- nesses operating the, same�txne of:entertainm,ent; and, provided, further, however, that the City Clerk shall issue a lic- ense only to an applicant who has been a bona fide, registered citizen of the City of Huntington Beach for the Five (5) Years last past, and the same shall not be assigned, or transferred, in whole or in part, except on the order of the City Council of the City•of Huntington Beach and then only to one qualified under this ordi- nance upon the payment of transfer fee of $1.00; and provided further, that upon the removal of any above mentioned buskness for which a license has been issued, from one location to another, the City Clerk shall, for the sum of $1.00 issue a duplicate \license ORDINANCE NO. 327 155 J showing the new location of said business. (Added by Ordinance No. 396) Section 28-B. That all ordinances and parts of ordinances of the City of Huntington Beach be and are hereby repealed insofar as they affect the maintenance of any business authorized to be licensed by Section 3 of this ordinance and more particularly set forth in that portion of Section 3 entitled Section XXVIII-A. (Add- ed By Ordinance No. 396) 1 Section 28-C. That the City Council of the said City of Hunt- ington Beach shall pass no ordinance prohibiting or tending to pro- hibit the maintenance of any business licensed under Section 3 of this Ordinance and more particularly described in Section XXVIII- A. (Added by.Ordinance No. 396) Section 29. The rate of license for conducting, managing or carrying on the business of buying and selling second hand cloth- ing is hereby fixed at Twelve ($12.00) Dollars per annum. (Amend- ed by Ordinance No. 379) Section 30. Each person firm or corporation not specifically ,, mentioned in this Ordinance, conducting, managing or operating any i cart, wagon, automobile, automobile truck, automobile tank wagon or other vehicle of two (2) tons or less capacity, used for the transportation of baggage, freight, household goods, merchandise, sand, pipe, casing, machinery or other article or commodity, shall pay an annual license of Twelve ($12.00) Dollars for each such truck or vehicle. Any person, firm or corporation conducting, managing or car- rying on the business of running, driving or operating any cart, wagon, automobile, automobile truck, automobile tank wagon, or other vehicle exceeding two (2) tons capacity used for the purpose of transportation of baggage, freight, household goods, merchandise, sand pipe, casing, machinery or other article or commodity, shall pay an annual license in accordance with the following schedule: For each cart, wagon, automobile truck or automobile tank wagon or other vehicle exceeding two (2) tons capacity hand less than four (4) tons capacity, the annual license of Twelve ($12.00) Dollars for each of said vehicles. For each cart, wagon, automobile truck, automobile tank wa- gon or other vehicle of four (4) tons or more capacity an annual license of Twenty ($20.00) Dollars for each of said vehicles. (Amen- ded by Ordinance No. 371) Section 31. Every person or individual liable to pay any license tax under this Ordinance shall make application to the City Clerk for' a license, stating the business or pursuit desired to be carried on; and it shall be the duty of the City Clerk upon investigation and confirmation of the statement of said applicant that he has complied with all the provisions of the City Laws, including this Ordinance, required for the securing of said license, shall prepare 156 ORDINANCE NO. 327 and issue the same to every person or individual making such application for said license and tendering.the fees thereunder;-said license shall be duly signed by said City Clerk and attested by the City Seal. Section 32. Where, by the terms of this Ordinance, a bond is required to be furnished by any person securing or applying for a license, such person shall, before the issuance to him of such license, deliver to the City Clerk a bond executed by any reliable surety company or by two personal sureties, each of whom is the owner of property within the City of Huntington Beach of the value of twice the amount of the penal sum of the bond. The conditions of said bond shall be stated in substantially the following language: f "If the said........................... the bounden principal, shall comply with all the laws and ordinances pertaining to said'business, and shall indemnify and save harmless the City of Huntington Beach and any person or persons who may be injured or"caused financial �/ loss through any failure on the part of said licensee to comply V " with said laws, or because of any misconduct on—the—part of`said---- licensee in carrying on said business,et en this obligation shall be void, otherwise it shall remain in full force and effect, and this bond shall inure to the benefit of the City of Huntington Beach and to any person or persons and to all employers of said licensee; and the said City and any of said above mentioned persons may maintain an action on this bond directly in its, his, her or their . name or names, and this bond may be recovered against more than once and until the full penalty thereof shall be exhausted." Section 33. If any section, subsection,_sentence, clause or phrase of this Ordinance is hereafter for any reason held to be unconsti- tutional or unenforceable, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Trustees of the City of Huntington Beach hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional or unenforceable. Section 34. This Ordinance shall never be held or construed as licensing or permitting the carrying on of any unlawful trade, calling, occupation or game, and every such trade, calling, occu- pation, or game is prohibited and no license shall be granted or issued therefor. Section 35. Nothing in this Ordinance shall be construed as imposing a license or tax or otherwise regulating or restricting Foreign or Interstate .Commerce, and any bussiness 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 36. That Ordinance No. 309, entitled "An Ordinance of the City of Huntington Beach licensing, for the purpose of rev- enue and regulation, all and every kind of business authorized by 'i ORDINANCE NO. 327 157 law and transacted and c rried on in the City of Huntington Beach, and all shows, exhibitions and lawful games carried on therein, fixing the rate of license tax upon the same, providing penalty for all violations thereof, and repealing all Ordinances or parts of Ordinances in conflict herewith," and that all Ordinances and parts of Ordinances of the City of Huntington Beach in conflict with this Ordinance be, and the same are hereby repealed. Enacted June 3, 1929. • ORDINANCE NO. 341 159 • ORDINANCE NO. 341 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING THE USE OF THE PUBLIC BEACH OF THE PA- CIFIC OCEAN IN SAID CITY. The City Council of the City of Huntington Beach do ordain as follows: Section 1. The word "Camp" as hereinafter used in this Ordi- nance is intended to mean, does mean, and shall at all times be held and construed to mean, any temporary shelter to be occupied by human beings for a limited period and not as a permanent place of abode, that is constructed of cloth or paper, treated or un- treated, or branches or boughs of trees,or partly constructed thereof, or by the use of paper and/or cloth and/or boughs or branches of trees, in connection with an automobile, automobile truck or other vehicle, for the purpose of temporary shelter. The word "occupied" as hereinabove used is intended to mean and does mean and shall at all times be held and construed to mean, used for the purpose of protecting human beings from wind, sun, rain or public view. Section 2. I-t shall be unlawful for any person, firm or cor- poration, either as employer or employee, or for himself, to maintain any camp or occupy the same at any place within the City of Hunt- ington Beach upon the shore or beach of the Pacific Ocean within said City. The words "shore" or "beach" and each of them, as used within this Ordinance, are intended to mean, and do mean, and shall be construed to mean, that certain strip of land lying between Ocean Avenue in said City and the line of ordinary tide of the Pacific Ocean, excepting such portion thereof as may be included within the operating right of way of the Pacific Electric Railroad at said point. Section 3. It is provided, however, that it shall not be a violation of this Ordinance, nor shall it be construed to be a camp for any person to erect within the above described portion of the City of Huntington Beach a sun shade or parasol, or other protec- tion from the sun and wind, provided the same is immediately taken down and removed when the person erecting the same leaves the beach or shore, and provided further that said sun shade or parasol shall be wholly open to an unobstructed view of the interior thereof by any and all persons then and there being, for at least fifty per cent of the perimeter of said sunshade or parasol, and that the side walls thereof do not extend over more than fifty per cent of the perimeter of said sunshade or parasol. Section 4. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding ($300.00) Three 160 ORDINANCE NO. 344 Hundred Dollars, or by imprisonment in the County Jail not ex- ceeding thirty (30) days, or by both such fine and imprisonment. Enacted Sept. 8, 1930. l • ORDINANCE NO. 344 161 ORDINANCE NO. 344 _A AN ORDINANCE PROVIDING FOR THE CONTROL AN SUPER- VISION OF THE PUBLIC WHARF OR PIER AT THE FOOT OF MAIN STREET IN THE CITY OF HUNTINGTON BEACH, AND REGULATING ITS USE. The City Council of the City of Huntinton Beach do ordain as follows: Section 1. Subject to the provisions of this Ordinance and such other Ordinances as the City Council may adopt from time to time, the City Wharfinger is hereby given full power and authority to superintend, regulate or control the use of the public wharf or pier at the foot of Main Street, in the City of Huntington Beach. Section 2. There is hereby created the office of City Wharfinger of the City of Huntington Beach. The City Wharfinger shall be an ex-officio police officer of the City of Huntington Beach and shall be appointed by the Superintendent of Streets of the City of Hunt- ington Beach, subject to the approval of the Chief of Police and the City Council of the City of Huntington Beach, and shall serve at the pleasure of said Superintendent of Streets and said City Council, and shall receive such compensation as shall be fixed by said City Council from time to time. (Amended by Ordinance No. 348.) Section 3. It shall be unlawful for any person or persons while upon or near the Municipal Pier, located at the foot of Main Street in the City of Huntington Beach, and over the Pacific Ocean in said City, to do or cause or permit to be done, any of the following acts, to-wit: (a) To cast a fishing line, either with or without a fishing pole, by what is commonly known as overhead casting. (b) To place, cut or clean any fish or bait, or any other marine life upon any bench or seat placed upon said Municipal pier. (c) To leave said pier without disposing of any trash, shells or other debris which may be placed upon said pier by said person or persons. (d) To drive or permit to be driven any vehicle of any kind or character whatsoever upon said pier without first having obtained a permit from the Chief of Police of the City of Huntington Beach so to do. ! (e) To have more than two fishing lines to any one person in the water under or near said pier at any one time. (f) To take, cause or permit to be taken upon said pier any 162 ORDINANCE NO. 344 dog or other domestic animal except upon a leash not more than _-six feet in length- (g) To deface, injure, mark or damage any benches, seats, buildings or equipment upon said pier. (h) To remove, use or tamper with any life saving equipment upon said pier except in time of emergency. (Amended by Ordi- nance No. 419.) Section 3—A. The Chief of Police of the City of Huntington Beach may issue special permits to drive vehicles upon said pier for the transportation of property and supplies to and from business establishments located upon said pier or connected therewith be- tween the hours of 6 A. M. and 9:30 A. M. and may issue special permits for the tranportation of persons, between said hours, in case of necessity or emergency; provided, that emergency vehicles may be permitted to drive upon said pier at all times for the purpose of saving life or property. (Amended by Ordinance No, 419.) Section 4. No person, firm or corporation shall conduct or carry on upon said Municipal pier, or any part thereof, any business of any kind whatsoever, without first having obtained a permit from the City Council of the City of Huntington Beach so to do. Section 5. No permit shall be issued for the carrying on of any business upon said Municipal wharf or pier, except in buildings constructed upon said pier. That space in any building located upon said pier may be rented by the City Council of said City upon rec- ommendation of the City Wharfinger to any person, firm or cor- poration, for a period not less than twelve months from and after the date of the permit and lease therefor. No one person, firm or corporation shall be entitled to rent more than one space in any such building so constructed upon said pier. The permit for rent- ing said space shall provide and specify the kind and nature of business to be conducted in said space and the goods, wares, mer- chandise or commodities to be sold therefrom, and such space when so rented shall not be used for any other purpose whatsoever. The terms for the payment of rental for such space shall be specifically set forth in the permit, therefor, created by the said City Council. Section 6. It shall be unlawful for any person, firm or corpora- tion to sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever, upon said pier, except from space in one of the buildings located upon said pier. It shall be unlawful for any person in charge of any boat or other craft to permit, cause or allow such boat or other craft to stand or remain at any boat landing upon said pier for a longer period than fifteen minutes at any one time. It shall be unlawful for any person to enter upon any boat from said pier without first having obtained a ticket for transportation thereon. Nothing contained in this section shall be construed to prevent . the embarking or disembarking of passengers from privately owned or operated boats and other craft, when the same are not in any ORDINANCE NO. 344 163 commercial business, but are operated by the owners thereof with- out profit, for their own pleasure and amusement, and without charg- ing or receiving any compensation from persons or passengers rid- ing upon said boats or other craft. Section 7. The Superintendent of Streets may appoint such Deputy City Wharfingers as may be necessary and convenient for the management, control and operation of said pier or wharf, sub- ject to the approval of the City Council and the Chief of Police, and said Deputies shall be ex-officio police officers of the City of Huntington Beach and shall receive such compensation as may be from time to time fixed by said City Council. (Amended by Ori- nance No. 348.) Section 8. The boat landing upon said pier shall be under the exclusive charge and control of said City Wharfinger and his deputies, and shall not be raised or lowered by any other person. Such charges shall be made for the use of said landing upon said pier as may from time to time be fixed by the City Council of the City of Huntington Beach. The City Wharfinger shall have power to determine what portions of said pier shall be open to the public at any and all times, and also what portions of the pier shall not be used for any specific purpose, and upon the posting of notices prohibiting the doing or performing of any acts upon cer- tain portions of said pier, by said City Wharfinger, it shall be un- lawful for any person to use said portion of said pier for the pro- hibited purpose or purposes. Section 9. It shall be unlawful for any person to indulge in riotous or boisterous conduct, or to make loud or boisterous noises upon said pier or to shout, yell or scream while engaged in selling or endeavoring to sell any tickets or merchandise upon said pier. Enacted Sept. 8, 1931. ORDINANCE NO. 375 165 ORDINANCE NO. 375 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING THE ERECTION, CONSTRUCTION, ENLARGE- MENT, ALTERATION, REPAIR, MOVING, REMOVAL, DE- MOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF HUNTINGTON BEACH; PROVIDING FOR THE ISSUANCE OR PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; DECLARING AND ESTAB- LISHING FIRE ZONES;REPEALING ORDINANCE NO.226 OF THE CITY OF HUNTINGTON BEACH, AS AMENDED, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City Council of the City Huntington Beach do ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Huntington Beach, being marked and designated as "'Uniform Building Code, 1930,Edition, published May, 1930, by Pacific Coast Building Officials' Conference," be and the same is hereby adopted as the building code of the City of Huntington Beach for regulating the erection, construction, enlargement, alteration, repair, moving, removal, de- molition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings andlor structures in the City of Hunt- ington Beach; providing for issuance of permits and collection of fees therefor; providing penalties for violation of such code, de- claring and establishing fire zones; and each and all of the regula- tions, provisions, penalties, conditions and terms of such "Uniform Building Code, 1930 Edition, published May, 193,0, by Pacific Coast Building Officials' Conference," on file in the office of the City Clerk of this City are hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. Section 2 repeals Ordinance No. 226 and amendments. Section 3. That the entire incorporated area of the City of Huntington Beach is hereby declared to be and is hereby estab- lished as a fire district and said fire district shall be known and designated as Fire Zones 1, 2, and 3, and each such zone shall in- clude such territory or portions of said City as illustrated, outlined and designated on a certain map on file in the office of the City Clerk of the City of Huntington Beach, being marked and designated as "Fire Zone Map, as amended under date of Aug. 19, 1936, which map is hereby adopted as the fire zoning map of the City of Hunt- ington Beach for the application of the regulations included in the 1 "Uniform Building Code, 1930 Edition, published May, 1930, by Pa- cific Coast Building Officials' Conference." The City Clerk shall enter upon said map the date of the pass- 166 ORDINANCE NO. 375 age of this Ordinance and shall attest the same with his signature. • (Amended by Ordinance No. 393.) Enacted Sept. 23, 1934. (Editor's note: Pacific Coast Builders Conference will publish new edition of code May, 1940.) ORDINANCE NO. 376 167 ORDINANCE NO. 376 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO- HIBITING THE SOLICITATION OF TORT CLAIMS OR CHOSES IN ACTION, AND PROVIDING PENALTY FOR THE VIOLATION THEREOF. The City Council of the City of Huntington Beach do ordain as follows: Section 1. The word "Person" as used herein shall include any corporation, association, society, club, co-partnership or in- dividual. Section 2. It shall be unlawful for any person to solicit em- ployment for himself or for any other person, either directly or through some other person acting on his behalf, to prosecute, collect, settle, compromise or to negotiate for the settlement, compromise or collection of any tort claim, on behalf of any tort claimant, in which he himself has no pecuniary interest arising from such tort. Section 3. The provisions of this Ordinance shall not be con- strued to prevent joint tort claimants from negotiating with each ether for the purpose of combining respective claims or actions against the tort feasor. Section 4. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Three Hun- dred Dollars ($300.00) or by imprisonment in the County Jail for a period of not more than ninety (90) days or by both such fine and imprisonment. Enacted Sept. 23, 1934. ORDINANCE NO. 381 169 ORDINANCE NO. 381 —O— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, RELATING TO AND REGULATING SIGNS OVER SIDEWALKS WITHIN THE CITY OF HUNTINGTON BEACH. -11- The City Council of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person or persons, firm, co-partnership or corporation, or for any person who is agent, ser- vant, clerk or employee, for himself or for any other person, firm, co-partnership or corporation to hang, suspend, construct or build any sign or street clock on, upon or over any public street, alley or sidewalk within the corporate limits of the City of Huntington Beach, or to permit or allow any such sign to remain hung, con- structed, suspended or placed over any public sidewalk, street or alley within the City of Huntington Beach, unless a permit therefor has first been obtained as in this Ordinance provided; provided, however, that the provisions in this Ordinance shall not apply to any sign painted or made upon the awning in front of a building, suspended over the sidewalk. Definitions Section 2. "Face of Building" is defined to be the general outer surface of any main exterior wall of a building, and shall not be held to include the outer edge of any cornice, bay window or other ornamental trim or feature of any building. "Marquise" is defined to be any canopy projecting over a side- walk or street, or the area immediately in front of an entrance to a building or property, or attached to and constructed over the entrance of the building. "Marquise Sign" is defined to be any structure erected upon or attached to any marquise. "Roof Sign" is defined to be any structure erected for adver- tising purposes upon or above the roof of any building. "Street Clock" is defined to be a clock erected upon a standard upon the sidewalk for the convenience of the public and placed and maintained by some person, firm or corporation for the pur- pose of advertising their place of business. "Wall Sign" is defined to be any structure erected exclusively for advertising purposes and attached to any exterior wall of a building. "Vertical Wall Sign" is defined to be a sign having its adver- tising surface in a vertical position. "Horizontal Wall Sign" is defined to be a sign having its adver- 170 ORDINANCE NO. 381 tising surface in a horizontal position. "Construction Wall Sign" is defined to be all wall signs, elec- trical or otherwise, attached to the exterior walls of a building. "Electric Wall Sign" is defined to be any structure or sign where electric wiring, devices or fixtures form a part of such sign. Section 3. Any person, firm, co-partnership or corporation de- siring to hang, suspend, construct or build or otherwise maintain any sign or street clock on, upon, over or above any public street, alley or sidewalk within the City of Huntington Beach shall make application in writing, upon an approved form, for a permit so to do. Said application shall contain the name of applicant, loca- tion of proposed sign, legal interest of applicant in said property (owner, lessee or otherwise). If applicant is not the owner, then the owner's name must also appear and his address; specifications, including distance of the sign from wall, height above sidewalk, size of sign, and a true and correct facsimile of said sign, provided, that if the applicant is a lessee, life tenant, or owns less than the whole or entire fee simple of said property, a written consent of the owner or owners in fee of said property must be filed with said application; said application must be filed with the Building Inspector of the City of Huntington Beach, who shall examine and investigate the same and place his endorsement thereon and present to the City Council at the next regular meeting, or ad- journed regular meeting, of said City Council. The City Council shall examine said application and grant or reject the same; pro- vided, however, that no vertical wall sign or horizontal wall sign which shall project over the sidewalk shall be erected in Fire Zones 1 and 2, unless the same be an electric wall sign. Upon approval by the City Council the Building Inspector shall issue said permit upon payment of the required fee, as provided in Section 203 of the Uniform Building Code, Ordinance No. 375 of the City of Hunt- ington Beach. Specifications Section 4. Specifications for an electric sign shall be as follows: a. Wiring shall conform to the Electrical Ordinance of the City of Huntngton Beach. b. Signs must be constructed entirely of metal or other ap- proved non-combustible material, except that wood may be used on the inside if kept at least two inches from the nearest lamp socket. In cases of ornamental scroll work of similar design, where impracticable to support wires as above provided, they may be se- parated from such metal by a section of porcelain or glass not less than one-eight (%) inch in thickness. c. Signs must be braced by angle iron of such thickness and so placed as to secure sufficient strength and rigidity. d. All metal must be galvanized or enameled, or treated with at least three coats of anti-corrosive paint or compound. e. Bottom of sign must have at least one-quarter (%) inch ORDINANCE NO. 381 171 drainage hole for each square foot of its surface. f. Signs must have the maker's name or trademark perma- nently attached to the exterior. Specifications for vertical wall signs shall be as follows: No wall sign having its advertising surface in a vertical posi- tion, or any portion thereof, shall extend or project over any public sidewalk, street, alley or other public property, more than is shown in the following table, for the distance the base thereof shall be above the sidewalk, street, alley or public property adjoining the building, directly under the sign: a. Below a height of eight (8) feet, not to exceed twelve (12) inches from the property line. b. Above a height of eight (8) feet and below a height of twelve (12) feet, not to exceed twenty-four (24) inches from the property line. c. Above a height of twelve (12) feet, not more than three (3) feet from face of building, as may be erected to any length desired up to twenty (20) feet. (Amended by Ordinance No. 410.) Section 4-A. Specifications for horizontal wall signs shall be as follows: No wall sign having its advertising surface in a horrizontal position shall have a height of less than ten (10) feet to the lowest portion thereof and shall not be made more than forty-eight inches in depth or extend more than ten (10) feet over the sidewalk, ex- cept a sigh which is attached to a marquise; whereas special per- mission may be granted by the City Council of the City of Hunt- ington Beach for signs of this nature where the proposed sign will not obstruct the view of existing signs, nor shall any electric sign extend beyond the line of the curb. Specifications for construction of wall signs shall be as follows: All signs, electrical or otherwise, must be constructed of metal or other non-combustible material, and when such signs are at- tached to the exterior walls of buildings, constructed of masonry, concrete or stone, shall be fastened with galvanized expansion bolts at least one-half (%) inch by three and one-half (31/z) inches, and no wooden plug or block shall be inserted for the purpose of using nails or screws in attaching the sign. All fastening irons shall be galvanized and shall be attached to the wall by at least two (2) galvanized expansion bolts, not less than eight (8) inches apart. All connections on vertical wall signs above roof line shall be made to bolts through wall. All bolts shall be galvanized and not less than one-half (%) inch in diameter; provided, however, if the wall is of reinforced concrete construction, a one-half (%) inch 172 ORDINANCE NO. 381 by three and one-half (31/2) inch galvanized expansion bolt will be permitted. Every wall sign, including supports, braces and anchorage, shall be designed, constructed, and maintained to withstand a wind pres- sure from every direction, as provided by Section 2307 of the Uniform Building Code, as adopted by Ordinance No. 375 of the City of Runtington Beach. Cables, chains, wires or other flexible or loosely connected members shall not be considered as providing lateral bracing un- less provision is made by a turn-buckle, or other equally effective method or device, for tightening and keeping taut such member. All structural members and other connections shall be securely riveted or bolted together, and no rivet or bolt exposed to the weather shall be less than one-half (%) inch in diameter. (Added by Ordinance No. 410.) Section 4-B. Specifications for placing and erecting street clocks shall be as follows: The owner, proprietor or manager of any building or place of business in the City of Huntington Beach, after special permis- sion is secured from the City Council, as in this Ordinance provided, in addition to the building permit, may erect, place or maintain upon the public sidewalk in front of such building or place of business a street clock not less than thirty (30) inches in diameter or more than forty (40) inches in diameter, supported upon a post of ordnamental design, the total height of which shall be not less than fifteen (15) feat or more than twenty (20) feet. No portion of such post supporting the clock shall be more than two (2) feet from the outer edge of the curb and shall be at least twenty (20) feet from the point of the intersection of the lines of any street, measured parallel with the street. A clock may be supported on the corner of any building at the intersection of streets, if the lowest portion thereof is not less than fifteen (15) feet or more than twenty (20) feet above the sidewalk and does not project from any face or wall of the build- ing, in any direction, more than five (5) feet. The only advertising matter to be displayed upon such clock shall be the name of the owner, proprietor or manager of the place of business erecting and mainaining such clock. (Added by Ordi- nance No. 410.) Immoral or Unlawful Signs Prohibited Section 5. It shall be unlawful for any person, firm or cor- poration to exhibit, post or display, or to cause or permit to be exhibited, posted or displayed upon any advertising structure, sky sign, or electric sign, or upon or in any window, or upon any build- ing or in any public place, or to public view in the City of Hunt- ington Beach, any statement, work or sign of an obscene, indecent or immoral nature, or any statue or statuary, picture, illustration ORDINANCE NO. 381 173 t or delineation of any nude human figure in such detail as to offend public morality or public decency, or of any lewd or lascivious act, or any other matter or thing of an obscene, indecent or immoral nature, or offensive to the moral sense; or any picture, cartoon, caricature or illustration delineating, depicting or exhibiting any murder, suicide, robbery, holdup, shooting, stabbing, clubbing or beating of any human being or any other crime or criminal act where in any such act is shown in a revoluting manner or in any manner objectionable to the moral sense. Signs Which Confuse Traffic Prohibited Section 6. It shall be unlawful for any person, firm or corpora- tion to erect, construct or maintain or to cause or permit to be erected, constructed or maintained any sign or electric sign of any kind or character for the purpose of advertising the wares, goods, merchandise or business of any such person, firm or corpora- tion, when such sign displays or makes use of the word "STOP". "LOOK", "DANGER" or any other word, phrase, symbol or char- acter in such a manner as to interfere with, mislead or confuse traffic. Penalty for Violation Section 7. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment in the County Jail of the County of Orange for a period of not more than three (3) months, or by both such fine and imprisonment. Every person shall be deemed guilty of a separate offense for every day during any portion of which any violation of this Ordi- nance shall continue or be permitted by such person and shall be punishable therefor as provided by this Ordinance. Encated June 19, 1935. ORDINANCE NO. 386 175 ORDINANCE NO. 386 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ES- TABLISHING CERTAIN DISTRICTS WITHIN SAID CITY AND PROHIBITING THE ESTABLISHMENT ANDIOR MAIN- TENANCE OF CERTAIN BUSINESSES AND INDUSTRIES IN SAID DISTRICTS, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. The City Council of the City of Huntington Beach do ordain as follows: Section 1. All that portion of the City of Huntington Beach within the following described boundaries is hereby established and declared to be Business District No. 1 of said 'City, to-wit: Beginning at the point of intersection of the center line of First Street projected with the Pacific Ocean and running thence Northeasterly to the intersection of said center line of First Street with the Southwesterly line projected of the first alley Northeast- erly from Ocean Avenue, thence Northwesterly along said last mentioned line to its intersection with the Northwesterly line pro- duced of the first alley Southeasterly from Third Street; thence Northeasterly along the last mentioned line to its intersection with the Southwesterly line of Olive Avenue; thence Northwesterly along the Southwesterly line of Olive Avenue to its intersection with the Southeasterly line of the first alley Northwesterly from Third Street; thence Northeasterly and Northerly along the last mentioned alley line to its intersection with the South line of Acacia Avenue; thence Westerly and Northwesterly along said last mentioned line to its intersection with the Southwesterly line of Sixth Street; thence Southwesterly along said last mentioned line to its intersect- ion with the Northeasterly line of Orange Avenue; thence South- easterly along said last mentioned line to its intersection with the Southeasterly line of the first alley Northwesterly from Fifth Street produced Northeasterly; thence Southwesterly along the last men- tioned alley line produced to its intersection with the Southwesterly line of the first alley Northeasterly from Ocean Avenue; thence Northwesterly along the last mentioned line to its intersection with the center line of Sixth Street; thence Southwesterly along the center line of Sixth Street and a prolongation thereof to the Pacific Ocean; thence Southeasterly along the ordinary high water mark of the Pacific Ocean to the point of beginning. That all of that portion of the City of Huntington Beach with- in the following described boundaries is hereby established and declared to be the Beach and Ocean District of said City of Hunt- ington Beach: Beginning g' g at a point where said Northwesterly boundary line of said City of Huntington Beach intersects with the ordinary high water mark of the Pacific Ocean; thence South 48 degrees West, 176 ORDINANCE NO. 386 three (3) miles to a point in the Pacific Ocean; thence Southeast- erly, parallel to and three (3) miles from the ordinary high water mark of the Pacific Ocean, four (4) miles, more or less, to a point, South 36 Degrees West of the intersection of the East line of Section Fourteen (14), Township Six (6) South, Range Eleven (11) West, S. B. B. & M. with ordinary high water mark of the Pacific Ocean; thence North 36 Degrees East three (3) miles to said point of in- tersection with the ordinary high water mark of the Pacific Ocean; thence Northwesterly along the ordinary high water mark of the Pacific Ocean to the point of beginning. Section 2. It shall be unlawful for any person, firm or cor- poration to erect, establish, carry on or maintain within the districts set forth and described in Section 1 hereof, any stone crusher, crushed stone yard or bunker, rock, sand or gravel loading, distrib- uting or receiving station, rolling mill, foundry, carpet beating es- tablishment, livery stable, riding academy, gas works, mattress factory, soap factory, fertilizing plant or factory, tallow rendering plant or factory, tannery, glue factory, brick yard, brick kiln, oil well or oil well derrick, or the business of drilling or operating for the discovery or production of oil, gas, hydrocarbons or other kind- red substances, chemicals or chemical products, dog or cat hospital, or any plant, works or factory where power other than animal power is used to operate any such plant, works or factory; provided that one or more electric motors of a total capacity of not to exceed twenty-five horse power may be operated and maintained in the said Zones. Section 4. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment in the City Jail or in the county jail of the County of Orange for a period of not more than three (3) months, or by both such fine and impris- onment. Enacted July 1, 1935. 40 ORDINANCE NO. 388 177 ORDINANCE NO. 388 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RE- LATING TO THE CARE AND EXPENDITURE OF MONEYS RECEIVED FROM THE STATE OF CALIFORNIA UNDER THE PROVISIONS OF ARTICLE 5, CHAPTER 1, DIVISION I OF THE STREETS AND HIGHWAYS CODE. _4__ The City. Council of the City of Huntington Beach does hereby ordain as follows: Section 1. To comply with the provisions of Article 5 of Chap- ter 1, of Division I of the Streets and Highways Code, with par- ticular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is hereby created in the city treasury a special fund to be known as the "Special Gas Tax Street Improve- ment Fund." Section 2. All moneys received by the city from the State of California under the provisions-of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways shall be paid into said fund. Section 3. All moneys in said fund shall be expended exclu- sively for the purposes authorized by, and subject to, all of the provisions of Article 5, Chapter 1, Division I of the Streets and Highways Code. Enacted Jan. 5, 1936. 11 A GY ' p5� l ORDINANCE NO. 395 179 40 ORDINANCE NO. 395 - 0-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH A CITY PLANNING COMMISSION FOR SAID CITY OF HUNTINGTON BEACH. —O— The City Council of the City of Huntington Beach do ordain as follows: Section 1. That a City Planning Commission in and for the City of Huntington Beach is hereby established with membership, powers and duties as provided by the Planning Act of the State of California, approved June 17th, 1929, Statutes 1929, page 1805. (Deering 5211-b.) Enacted Sept. 18, 1936. 1 � 1 ORDINANCE NO. 398 181 ` ORDINANCE NO. 398 —O— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG- ULATING CAMP CARS ANDIOR TRAILERS WITHIN SAID CITY. The City Council of the City of Huntington Beach do ordain as follows: Section 1. For the purpose of this ordinance certain words and phrases are defined as follows, and certain provisions shall be con- strued as herein set forth, unless it shall be apparent from their context that they have a different meaning. Words used in the singular include the plural, and the plural the singular. Words used in the present tense include the future. CAMP CARS ANDIOR TRAILER "Camp Car andlor Trailer" is any unit used for living or sleep- ing purposes and which is euipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether by motive power or other means. CAMP GROUND "Camp Ground" is defined and shall be construed to mean any place, area or tract of land operated as a business upon which any camp car andlor trailer is placed for the purpose of occupying the same. OCCUPYING "Occupying" as used herein shall be defined as and shall be construed to mean sleeping in, cooking in, or eating in any such camp carland or trailer. Section 2. It shall be unlawful for any person or persons to occupy any camp car andlor trailer in the City of Huntington Beach outside of any camp ground licensed by the City of Hunt- ington Beach, unless said person or persons have secured a permit, as in this Ordinance provided. Section 3. Any person desirous of occupying any camp car andlor trailer at any place other than a camp ground shall make application to the Chief of Police of the City of Huntington Beach upon a form furnished for that purpose for a permit so to do. Said application shall set forth the name of applicant; the license num- ber of said camp car andlor trailer, the number of persons occupy- ing said camp car andlor trailer, and the address of they place at which applicant desires to occupy said trailer. l Said application shall be signed by applicant and shall be pre- sented to said Chief of Police, or any police officer of the City of Huntington Beach. The Chief of Police, or any officer designated by him, upon the presentation of said application shall investigate 182 ORDINANCE NO. 398 and inspect said trailer and camp car and the premises upon which it is to be located. If said investigation and inspection indicates that there are sufficient sanitary conveniences, including toilet facilities and means of garbage disposal, at said place, and that the total number of persons to be accommodated does not exceed fifteen (15) persons, and that the occupant of the premises at which it is intended to have said trailer located has consented to the same, and that there is a space at least sixteen (16) feet by twenty (20) feet, the Chief of Police, or his designated officer, shall grant said permit; otherwise it shall be denied. In the event said permit is granted, said police officer shall give applicant a card of distinctive color which must be placed in a conspicuous place upon said trailer. Said permit shall be effective for fifteen (15) days after the issuance thereof, and upon the ex- piration thereof shall not be renewed for a period of three (3) months thereafter. Section 4. It shall be unlawful to park any camp car andlor trailer on any public street or public parking ground adjacent thereto within the City of Huntington Beach after the hour of 2:00 o'clock A. M. Section 5. Every person, firm or corporation violating or con- tributing in any way to the violation of any provisions of this ordinance shall be deemed guilty of a misdemeanor, and every day or fractional part thereof during which said violation continues shall be deemed guilty of a separate offense, and shall be punish- able therefor as herein provided. It shall be the duty of every person, firm or corporation own- ing, leasing, renting or operating a camp ground in the City of Huntington Beach to comply with all of the provisions of this Ordinance and all conditions of ordinances regulating sanitation within the. City of Huntington Beach, applying to camp grounds, and any such person, firm or corporation violating any of the pro- visions of said ordinance, or contributing in any way to the viola- tion thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars, or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and impris- onment. Enacted May 22, 107. ORDINANCE NO. 402 183 ORDINANCE NO. 402 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DE- CLARING THAT OFFICES OF CITY JUDGE AND CITY AT- TORNEY SHALL BE ELECTIVE. —O— The People of the City of Huntington Beach do ordain as follows: Section 1. That the office of City Judge and the office of City Attorney shall hereafter be elective, and said officers shall be elected from the city at large for the term provided in Section 17 of Article VII of the Charter of the City of Huntington Beach, California. The City Council shall set the compensation of said officers at not less than the amount paid said officers during the preceding year. Section 2. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Huntington Beach hereby declare that they would have passed this Ordinance and each section, sub-section, sentence, clause and phrase hereof irre- spective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases hereof be declared unconstitutional. Enacted Aug. 3. 1937. ORDINANCE NO. 403 185 ORDINANCE NO. 403 —0— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DE- CLARING THAT THE OFFICE OF CHIEF OF POLICE SHALL BE ELECTIVE. The People of the City of Huntington Beach do ordain as fol- lows: Section 1. That the office of Chief of Police of the City of Huntington Beach shall hereafter be elective and said officer shall be elected from the City at large for the term provided in Section 17 of Article VII of the Charter of the City of Huntington Beach. The City Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding year. Section I If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Huntington Beach here- by declare they would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases hereof be declared unconstitutional. Enacted August 3, 1937. ORDINANCE NO. 404 187 ORDINANCE NO. 404 —O— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DEFINING SPECIAL ELECTIONS, AND, SETTING FORTH THE TIME IN WHICH A SPECIAL ELECTION SHALL BE CALLED. —O— The City Council of the City of Huntington Beach does ordain as follows: Section 1. A Special election is hereby defined to be any municipal election of the City of Huntington Beach other than the regular, or general election of the City of Huntington Beach. Section 2. The City Council may, by resolution or ordinance, designate the time at which a special election shall be held, provid- ed that any such resolution or ordinance shall be adopted not later than the fortieth (40th) day before the holding of any such elect- ion. ORDINANCE NO. 413 189 ORDINANCE NO. 413 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REGULATING THE SELLING, DISPLAYING AND DISCHARGING OF FIRE-WORKS, AND PROHIBITING THE SELLING, DISPLAYING AND DISCHARGING OF CER- TAIN TYPES OF FIRE-WORKS WITHIN THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach, California, do ordain as follows; Section 1. That it shall be unlawful for any person, firm or corporation to sell, display, dispose of, give away, store, keep or stock, or to discharge, explode, fire or set off any blank cartridge or fire-works containing red, white, or other form of phosphorus, or containing chlorate of potash, or any fire-crackers or salutes •. containing flash powder, or any fire-cracker over one-fourth inch (1/4") in diameter or over one and one-half inches (1%") in length; sky-rockets, aerial bombs, Roman Candles or fire-works designed to rise from the ground and explode in the air, or torpedoes or any type of fire-works designed to be thrown or projected to explode upon impact, or any fireworks of similar manufacture or make, within the City of Huntington Beach. Provided, however, that the City Council may, in its discretion, grant permits for the public display of fire-works, which public display shall be under the direct supervision of the Fire Chief of the City of Huntington Beach. Section 2. It shall be unlawful for any person, firm, or cor- poration to sell or engage in the business of selling fire-works, or to display fire-works which are not prohibited in this Ordinance, with- out having first obtained a license as hereinafter provided from the ,City Council of the City of Huntington Beach so to do; and it shall be unlawful for any person, firm or corporation to sell fire- works not prohibited by this Ordinance at any time except from June 25 to July 5, inclusive. Section 3. That licenses provided by this Ordinance shall be issued only to established retail places of business, and an estab- lished retail place of business is defined to be a place of business where merchandise has been offered for sale to the public at retail for a period of not less than ninety (90) days. Section 4. That the rate of license for the sale of fire-works permitted hereunder shall be Five ($5.00) Dollars per season; pro- vided, however, that fraternal associations, patriotic societies and charitable organizations may be issued a free license in the dis- cretion of the City Council. Section 5. It shall be unlawful for any person, firm or cor- poration to discharge any fire-works, other than those set forth in 190 ORDINANCE NO. 413 Section 1 hereof, before the 3rd day of July and after the 5th day of July. Section 6. Fire-works, other than those set forth in Section 1 hereof, may be stocked, kept and stored when packed in a contain- er known as the `I. C. C." container, and then only upon special permit and under the supervision of the Fire Chief of the City of Huntington Beach. Section 7. That the violation of any of the provisions of this Ordinance shall constitute a misdemeanor, and the penalty for violation thereof shall be a fine of not to exceed One Hundred ($100.00) Dollars, or fifty (50) days in jail or by both such fine and imprisonment. ORDINANCE NO. 418 191 ORDINANCE NO. 418 -4— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, DECLARING AND DEFINING AN EMERGENCY TO EXIST AND REGULATING THE APPLICATION FOR AND THE DRILLING OF OIL WELLS WITHIN SAID CITY OF HUNTINGTON BEACH. _4o WHEREAS, the State Lands Commission of the State of Cali- fornia has published in the Huntington Beach News a Notice of Intention to Receive Offers to enter into agreements for the ex- traction of oil, gas and other hydrocarbons in and from under cer- tain submerged lands situate in and under the Pacific Ocean and entirely within the legally established boundaries of the City of Huntington Beach, and WHEREAS, they have required each bidder, as a condition precedent to the consideration of his bid, that such bidder shall furnish evidence that the bidder has procured necessary sites and rights of way northerly of the northerly line of Ocean Avenue and between the easterly boundary of Tenth Street and the westerly boundary of Twenty-Third Street in the City of Huntington Beach, State of California, and WHEREAS, it has been rumored that an effort may be made to drill wells southerly of Ocean Avenue and adjacent to the right- of-way of the Pacific Electric Railway, and WHEREAS, each bidder is required to furnish evidence that he has procured said rights of way for all operations contem- plated and necessary under the provisions of the bid and of the law without cost or obligation to the State, and WHEREAS, it clearly appears that the contemplated operations will pass into and under property owned by property owners other than the State of California, and r WHEREAS, the called for bids contemplate the immediate and simultaneous drilling of ten (10) wells in the most congested and closely drilled area of the City and very close to other valuable oil wells now producing large quantities of oil and gas, and WHEREAS, such simultaneous drilling of wells will add very greatly to the noise, annoyance, fire hazards and also to the dangers of explosion and to the possible and probable injury or damage to life, limb and property, all of which will materially interfere with and be a detriment and inconvenience to the general public, NOW, THEREFORE, in and by the above preamble and state- ment the Council declares and defines that an emergency exists necessitating the following ordinance for the immediate preserva- I 192 ORDINANCE NO. 418 ( tion of the public peace, property, convenience, health and safety; !1!!! WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1. The term "drilling' as used herein shall be, and shall be defined to mean, drilling in the ordinary .sense, or deepen- ing repairing, redrilling or otherwise reconditioning any well the 1 depth of .three hundred (300) feet below its present bottom, cept when a new and deeper zone, capable of producing oil and gas in paying quantities, is found or discovered at a greater depth immediately beneath the property location, or permitted area from which said well was originally drilled. Section 2. Specifications for all oil well derricks to be erected shall be filed with the Building Inspector of the City and shall be subject to his approval. Such derricks shall be constructed of steel, except that the derrick floors, pump house floors, pipe racks, sills, postings, walkways, mud ditches, bull wheels, calf wheels and band wheels may be of wooden construction. There shall be installed and maintained on each derrick or oil well, a sign on which shall appear the name of the well being drilled or operated, together with the name of the person, firm or corporation drilling or operating the well. The letters of such' sign shall be at least two (2) inches high. The sign shall be located on the derrick so that it will be fully visible from two (2) opposite sides of the derrick. Section 3. It shall be unlawful for any person, firm, co- partnership or corporation to drill, re-drill, deepen, recondition or repair any well, or to erect or rebuild any derrick, the provisions of any other ordinance of the City of Huntington Beach to the contrary not withstanding, unless he first make written application to the City Engineer of the City of Huntington Beach, who shall examine and investigate the same and place his endorsement thereon and present to the City Council at the next regular meeting, or adjourned regular meeting, of said City Council. The City Council shall examine said application and grant or reject the same. Said application shall be accompanied by a plat or map, drawn on trac- ing linen, or a legible blue print thereof, with a sheet size of 22 inches by 34 inches, showing on a scale of 1 inch eqauls 40 feet, showing the location of the proposed operations and the distance from existing oil wells, boiler plants, tanks and buildings and other structures, highways, streets or alleys, and railroads, within two hundred (200) feet of said proposed location; said application shall also show the depth to which said well is proposed to be drilled, together with a statement and designation on the plat or map, drawn to a.scale of 1 inch equals 200 feet, of where said well will be bottomed, and said plat shall bear the names of the streets, high- ways, railways, owners and lessees of adjacent property or wells, and no permit or license shall be issued for the drilling, redrilling, \ deepening, reconditioning or repairing of any well, or the erect- ing or rebuilding of any derrick, unless the application and proposal ORDINANCE NO. 418 193 Jcomplies with the provisions of this Ordinance. Section 4. It shall be unlawful for any person, firm, co-part- nership or corporation to drill any oil or gas well where the center of the hole is: a. Within one hundred (100) feet from the .nearest rail of any steam or electric.line of railway. �O b. Within thing Me-t 5 - feet of any public street, sidewalk or highway in public use prior to the commencement of drilling of such well, except any alley intersecting or lying within any block or other sub-division unit. ot--, k" - c. Within one hundred (100) feet of any now existing oil or gas well or oil or gas well derrick having as its superstructure a wooden derrick, or tower regardless of whether said well is produc- ing or not. Section 5. When one or more lots are affected by any dis- tance limitation prescribed.herein, no permit shall be issued until a .written agreement has been executed by,,the owners:or for the benefit of all, owners of lots within the,affected area, granting :to the lots an interest in the royalty in the nature- of-.-a. covenant running with the land in direct proportion to=the square footage from which they are entitled to a royalty because:of such ownership; KIprovided further and also that special permits with special con- ditions and exceptions may be issued for the express purpose of avoiding any injustice and when the public peace, property, health and safety will not be seriously endangered, and then only by a four-fifths (4-5) vote of the City Council after an open public hearing. Section 6. No permit which may be issued hereunder shall be construed as a consent, encouragement, license, grant, or a per- mission by the City for any drilling or taking of any oil or gas outside of or beyond the perpendicular boundaries prolonged down- wards of the immediate lot and property from which the said well is drilled, and said City shall not be liable for any damages which may result from or because of any drilling operations, and said applicant and permittee shall and must hold the City harm- less from any and all liability growing out of the issuing of such permit or any and all operations contemplated or performed there- after, and any permit or license issued shall be conditioned upon f� the execution and delivery by the operator to the City of a written agreement, including a good and sufficient bond whereby, upon request of the City, the said applicant or operator drilling the well at its sole cost and expense shall furnish to the said Cityxan ac- curate and satisfactory survey of the said well showing its course as it progresses downward, and the location of the bottom of the well and all perforated sectio s of casing and producing zones, and also whereby he, they, or itjLshall protect and hold the City free ' and harmless .from any ana III damages and other payments of whatsoever nature or kind as might be claimed by any party, in- dividual, corporation, county, state or the United States of America, 194 ORDINANCE NO. 418 or any agency of any such p ty, which may result from -or be- cause of any such operations. } Section;7) 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. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase thereof,_irrespective of the fact that anyone or more sec- tions, subsections, sentences, clauses or phrases be declared, un- constitutional. Section 8. Every person; firm, co-partnership or corporation, whether as principal, agent, servant, employee, or otherwise, vio- lating or failing, neglecting or refusing.to comply with any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars, or by imprisonment for not more than six (6) months, or by both such fine and im- prisonment; and each such person, firm, co-partnership or corpora- tion shall be deemed guilty of a separate offense for each day dur- ing any portion of which the violation of or failure, neglect or refusal to comply with any of the provisions of this Ordinance is committed, continued or permitted. Enacted October 28, 1938. d'`i W 74 r f . ORDINANCE NO. 425 195 ORDINANCE NO. 425 i)-_- AN ORDINANCE PROVIDING A SYSTEM 'FOR THE RAISING OF REVENUE BY TAXATION FOR THE CITY OF HUNT- INGTON BEACH, CALIFORNIA. --0-- The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1. This Ordinance establishes the law of this City respecting the subject to which it relates. (As amended by Ordinance No. 433.) Section 2. All persons who, at the time this Ordinance goes into effect, hold office under any Ordinance repealed by this Ordi- nance, which offices are continued by this Ordinance, continue to hold them accbrding to their former tenure. Section 3. Any action or proceeding commenced before this Ordinance takes effect, or any right accrued, is not affected by this Ordinance, but all procedure taken shall conform to the pro- visions of this Ordinance as far as possible. Section 4. If any provision of this Ordinance, or its applica- tion to any person or circumstances, is held invalid, the remainder of the Ordinance, or the application of the provision to other per- sons or circumstances, is not affected. Section 5. Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this Ordinance. Section 6. Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the pro- visions of this Ordinance. Section 7. Whenever any reference is made to any portion of this Ordinance or of any other ordinance of this City the reference applies to all amendments and additions thereto now or hereafter made. Section 8. "Section" means a section of this Ordinance unless some other ordinance is specifically mentioned and "subdivision" means a subdivision of the section in which that term occurs un- less some other section is expressly mentioned. Section 9. The present tense includes the past and future tenses; and the future, the present. f Section 10. The masculine gender includes the feminine and neuter. Section 11. The singular number includes the plural, and the 196 ORDINANCE NO. 425 plural the singular. • Section 12. "Shall" is mandatory and "may" is permissive. Section 13. "Oath" includes affirmation. Section 14. "Person" includes any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. Section 15. "Property" includes all matters, and things, real personal, and mixed, capable of private ownership... Section 16. "Real Estate" or "real property" includes: (a) The possession of, claim to, ownership of, or right to the possession of land. (b) All.mines, minerals, and quarries in the land, all stand- ing timber whether or not belonging to the owner of the land, and all rights.and privileges appertaining thereto. (c) Improvements. Section 17. "Improvements" includes: (a) All buildings, structures, fences, and fixtures erected on or affixed to the land. (b) All fruit, nut bearing, or ornamental trees and vines, not of natural growth, and not exempt from taxation. (c) Alfalfa, after the first year's planting. Section 18. "Personal property" includes all property except real estate. Section 19. "Possessory interests" means: (a) The possession of, claim to, or right to the possession of land or improvements, except when resulting from ownership of the land or improvements. (b) Taxable improvements on tax exempt land. Possessory interests shall not be considered as sufficient se- curity for the payment of any taxes. Section 20. "State assessed property" means all property re- quired to be assessed by the state board of equalization under Sec- tion 14 of Article XIII of the constitution. Section 21. "Roll" means the entire assessment roll. The "se- cured roll" is that part of the roll containing state assessed property and property the taxes on which are a lien on real property suffi- cient, in the opinion of the assessor, to secure payment of the taxes. The remainder of the roll is the "unsecured roll". The "local roll" is those parts of the secured roll and the unsecured roll containing property which it is the city assessor's duty to assess. Section 22. "Value", "full cash value", or "cash value" means ORDINANCE NO. 425 197 the amount at which property would be taken in payment of a just debt from a solvent debtor.- Section 23. "Assessee" means the person to whom property or a tax is assessed. Section 24. "Lien date" is the time when taxes for any fiscal year become a lien on property. This time is the first Monday in March preceding the beginning of the fiscal year for which the taxes are to be collected. Section 25. "Assessment period" is between the lien date and the end of the regular, annual time within which the oity board of equalization may equalize assessments. Section 26. "Redemption officer" means the city collector. Section 27. "Taxing agency" includes the state, county and every, district that assesses property for taxation purposes and levies taxes or assessments on the property so assessed. Section 28. "Revenue district" includes every district for which this city assesses property and collects taxes or assessments. Section 29. "Amount of sold taxes" on property which has been sold to the city means the sum of the following amounts. (a) The amount of taxes which were a lien on the real prop- erty at the time of sale. (b) All other unpaid taxes of every description which were a lien on the property for the year of sale and for each year since the sale, as shown on the rolls. As used in this subdivision, "rolls" does not include any roll for which the time of,sale to the city is not past. Section 30. "Current taxes" means taxes which are a lien on property but which are not included in the "amount of sold taxes" as defined in this Ordinance, except that between a lien date and the time in the same calendar year when property is sold to the city for taxes the taxes becoming a lien on this lien date in such calendar year are not yet "current taxes". Section 31. "Current roll' means the roll containing the prop- erty on which current taxes are alien. Section 32. "Tax sold property" is real property which has been sold to the city by operation of law for taxes and from which the lien of the taxes for which it was sold has not been removed. Section 33. "Tax deeded property" is real property which has been deeded to the city for taxes. Section 34. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this Ordinance, it shall be made in writing. Section 35. Unless expressly otherwise provided, any notice re- 198 ORDINANCE NO. 425 quired to be given to any person by any provision of this Ordinance l may be given by mail. For service by mail, the notice shall be deposited in the post office in a sealed envelope, postage paid, ad- dressed to the proper person at his address as shown on any docu- ment in the matter concerning which the notice is sent, or at his last known address, or if no address is known, to him in this city. Section 36. Whenever it is required by this Ordinance that any publication be made, it shall be made in a newspaper of gen- eral circulation published in this city. It there is no such news- paper, publication shall be. made by posting in three public places in the city for the required length of time, but no less than five days, or as otherwise directed by the City Council. Section 37. In the assessment, advertisement, and sale of real property for taxes, any abbreviations may be.used if a.written ex- planation of them appears either: (a) On each page of the roll ,or (b) In the front of each book of the roll and a reference to this explanation appears on each page of the roll. Section 38. If any act is required by this Ordinance to be per- formed on or before a paticular date and the date falls on a Sun- day or holiday, the act may be performed on the next business day with the same effect as if performed on the particular date. Section 39. No act in all the proceedings for raising revenue by taxation is illegal on account of informality or because not completed within the required time. Section 40. Whenever a power is granted to, or a duty im- posed on, any person by any provision of this Ordinance,, it may be exercised or performed by any deputy or person authorized. by him, unless it is expressly provided that it shall be exercised in person. . Section 41. The fiscal year shall begin July 1 and end June 30. Section 42. That all assessments, reports, statements and other records"in the City Collector's and City Assessor's office shall be public records unless herein otherwise expressly provided. (Added by Ordinance No. 433.) DIVISION I. ASSESSMENT Chapter 1—Taxable and Exempt Property Section 101: All property in this city,,not exempt from city. taxation under the laws of the United States or of this state, is sub- ject to taxation. Section 102. Except in the case of publicly owned property, tax exempt property shall be included in the property statement and the exemption claimed by affidavit of the person claiming exemption. The affidavit shall contain such information relating ORDINANCE NO. 425 199 to the exemption as is required by the assessor. Section 103. If any person claiming an exemption fails to fol- low the required procedure, the property may be treated as if the exemption did not exist. Chapter 2—General Requirements Section 131. All taxable property assessed by the City assessor shall be assessed at full cash value. Section 132. Land shall be legally described for tax purposes in any manner sufficient to identify it. Section 133. Cultivated and uncultivated land of the same quality and similarly situated shall be assessed at the same value. Section 134. Annually, between the lien date and July 1, the assessor shall ascertain all the taxable property in the city, except state assessed property and intangible personal property, and shall :assess it to the persons owning, claiming, possessing, or controlling it on the lien date. Section 135. The assessor and his sureties are liable for all taxes on property which is unassessed through his wilful failure or inexcusable neglect. Section 136. Tax sold property shall be assessed as though not sold to the city. Chapter 3—Information from Taxpayer Section 161. The assessor shall exact from each person a writ- ten property statement, under oath. Section 162. The property statement shall show all taxable property in the city owned, claimed, possessed, or controlled by: (a) The person making the statement. (b) Any firm of which he is a member. (c) Any corporation of which he is president, secretary, cashier, or managing agent. Whenever one member of a firm, or one of the proper officers of a corporation, has made a statement showing the property of the firm or corporation, another member or officer need not in- clude the property in his statement; but his statement shall show the name of the person making the statement which includes the property. He shall furnish any required information or records to the assessor for examination at any time. Section 163. The property statement shall also show: (a) Legal description of all real estate. (b) An exact description and the location of personal property. Section 164. The property statement shall show all informa- tion as of the lien date. Section 165. The assessor may fill out the statement when he 200 ORDINANCE NO. 425 presents it, or he may leave it and require that it be filled out • and returned to him within an appointed time. Section 166. Every person shall file the property statement be- tween the first Monday in March and June 24, annually, and with- in such time as the assessor may appoint. As required by the as- sessor, at any time, every person shall furnish information or .records for examination. Section 167. Failure of the assessor to demand or secure the property statement does not render any assessment invalid. Section 168. The assessor may require any person found in the city to make and subscribe an affidavit, showing his name, place of residence or place of business, and whether he is the owner of any taxable property in the city. Section 169. The assessor may subpoena and examine any per- son in relation to: (a) Any statement furnished him, or (b) Any statement disclosing property assessable in the city that may be stored with, possessed, or controlled by the person. Section 170. Every person who wilfully states anything which he knows to be false in any oral or written statement, not under oath, required or authorized to be made as the basis of imposing any tax or assessment, is guilty of a misdemeanor. Section 171. Every person is guilty .of a misdemeanor who, after proper demand by the assessor, does any of the following: (a) Refuses to give the assessor a list of his taxable property. (b) Refuses to swear to the list. (c) Gives a false name. (d) Fraudulently refuses to give his true name. Chapter 4—Property Escaping Assessment Section 231. If any property has escaped assessment and is owned or controlled by the same person who owned or controlled it for the year for which it escaped assessment, the assessor shall assess the property at its value on the lien date for every.such year. Section 232. Any property wilfully concealed, removed, trans- ferred, or misrepresented by the owner or his agent to evade taxa- tion, shall be penally assessed on discovery at not exceeding ten times its value. This assessment shall be marked "penal assessment" and shall not be reduced by the city board of equalization. Section 233. When the property is discovered during an assess- ment period, the assessment shall be entered only on the roll being prepared. Section 234. When the property is discovered outside an as- sessment period, the assessment shall be entered on the roll pre- pared in the next succeeding assessment period. In addition, if the property belongs on the unsecured roll, the ORDINANCE NO. 425 201 assessor shall notify the auditor of the valuation. The auditor shall immediately place the property on the roll on which taxes are being collected. If the taxes and penalties due are collected before the next assessment period, it need not be placed on the succeeding roll. Section 235. The entry of the assessment shall be followed with "Ecaped assessment for year 19....._..". Section 236. Property escaping assessment shall be treated like property regularly assessed on the roll on which it is entered. Section 237. The assessor shall not, without the taxpayer's written permission, assess property for the year in which it escaped assessment after the end of the second assessment period succeeding the assessment period for the year in which it escaped assessment. Chapter 5—Assessment Roll Section 291. The assessor shall prepare an assessment roll in which shall be listed all property within the city which it is the assessor's duty to assess. Section 292. This local roll shall separately show: (a) The name and address, if known, of the assessee. (b) Description of the property. (c) All possessory interests and personal property, showing the number, kind, amount, and quality. A failure to enumerate personal property in detail does not invalidate the assessment. (d) The cash value of real estate, except improvements. (e) The cash value of improvements assessed to the owner of the land. (f) The cash value of improvements assessed to any person other than the owner of the land. (g) The cash value of money. (h) The cash value of all other personal property. (i) The revenue district in which each piece of property as- sessed is situated as of February 1, next preceding the lien date. (j) The total value of all property assessed. Section 293. When any tract of land is situated in two or more revenue districts, the part in each district shall be separately assessed. Section 294. Land and improvements thereon shall be separately assessed. Section 295. Improvements shall be assessed by showing their value opposite the description of the land on which they are located. Section 296. Taxable improvements on land exempt from taxa- tion shall be shown like other real estate on the roll. Values shall not be assessed' against the exempt land and the land does not become responsible for the assessment made against the taxable 202 ORDINANCE NO. 425 improvements. Section 297. Land once described on the roll need not be described a second time, but any person, claiming and desiring to be assessed for it, may have his name inserted with that of the assessee. Section 298. If the name of an absent owner is known to.the assessor, or if it appears of record in the office of the city clerk, auditor or city collector, the property shall be assessed to it; other- wise, the property shall be assessed to unknown owners. Section 299. When a person is assessed as agent, trustee, bailee, guardian, executor, or administrator, his representative designation shall be added to his name, and the assessment entered separately from his individual assessment. Section 300. The undistributed or unpartitioned property of deceased persons may be assessed to the heirs, guardians, executors, or administrators. Section 301. Property in litigation in possession of a county or city treasurer, court, county or city clerk, or receiver shall be assessed to the officer in possession. Section 302. No mistake in the name of the owner or supposed owner of real estate renders invalid an assessment or any subsequent step to and including the deed to the city. Section 303. After each assessment of tax sold property the assessor shall enter on the roll the fact that it has been sold for taxes and the date of the sale. Section 304. Whenever property, which has been deeded to the city for taxes and is not on the current roll, is sold to a private purchaser, the property shall not be entered on the current roll but shall be assessed on the suceeding roll whether the lien date for the succeeding roll has passed or not. Section 305. The assessor shall prepare an index to the local roll, showing the name of the taxpayer and each page where his assessment appears or each assessment number under which his assessment appears. Section 306. On or before July 1, anually, the assessor shall complete the local roll. He shall make an affidavit on the local roll that: (a) He has diligently attempted to ascertain all taxable prop- erty in the city subject to assessment by him. (b) All property has been assessed on the roll according to his best judgment, information, and belief at its cash value. (c) That he has not maliciously imposed an unjust assessment. (d) That he has not intentionally allowed any one to escape ORDINANCE NO. 425 203 a just assessment. (e) That he has complied with all duties imposed on the as- sessor by law. Failure to make this affidavit, or any affidavit, does not affect the validity of the assessment. The assessor may require from any of his deputies an affidavit cn the roll similar to his own. Section 307. As soon as the assessor completes the roll he shall deliver the local roll, map books, and statements to the city clerk, who is ex-officio clerk of the city board of equalization. DIVISION H—EQUALIZATION Chapter 1—Generally Section 451. Immediately on receipt of the local roll from the assessor, the city collector shall give notice, by two publications, of the completion of the local roll and of the time the city board of equalization will meet to equalize assessments. Section 452. Until the equalization is finished, the local roll and map books shall remain in the clerk's office for the inspection of all persons interested. Section 453. Annually, on the second Monday in July, at the hour of 7:30 P. M., the city council shall meet as the city board of equalization to examine the local roll and equalize the assess- ment of property in the city. It shall continue in session for that purpose, from time to time, until the business of equalization is disposed of, but not longer than fifteen days. Section 454. The board of equalization may increase or lower any assessment on the local roll in order to equalize the assessment of property in the city. Section 455. A reduction in an assessment shall be made only under at least one of the following conditions: (a) The party affected or his agent makes and files with the city board of equalization a verified, written application for re duction, showing the facts claimed to require the reduction. (b) The reduction is recommended in writing by the assessor.', Section 456. Before the board of equalization makes any re- duction on application of the person affected or his agent, it shall examine, on oath, the person affected or the agent making the ap- plication touching the value of the property. A reduction shall not be made unless the person or agent attends and answers all ques- tions pertinent to the inquiry. Section 457. On the hearing of the application, the board may l subpoena witnesses and take evidence in relation to the inquiry. Section 458. During the session of the board of equalization, the assessor and any deputy whose testimony is needed shall be 204 ORDINANCE NO. 425 present and make any statement or produce evidence on matters before the board. Section 459. The board of equalization may direct the as- sessor to: (a) Assess any taxable property that has escaped assessment. (b) Change the amount, number, quantity, or description of property. (c) Make and enter new assessments, at the same time can- celling previous. entries, when any assessment made, by him. is deemed by the board so incomplete as to render doubtful the col- lection of the tax. Section 460. The clerk shall record, in a book kept for..that purpose, all changes and orders-made by the board of equalization and, during its session,-or as soon as possible after its adjourn-' ment, shall enter on the roll all changes made by the board. Section 461. After the board has completed its work, the map books and statements shall be returned to the assessor's office and kept there for future reference. Section 462.. Within three days after adjournment of the board the clerk shall deliver the corrected local roll to the auditor with his affixed certificate that all changes directed by the city board 1 of equalization and no others have been entered on the roll by him. Section 463. Every person who wilfully states anything which he knows to be false in any oral or written statement, not under oath, required or authorized to be made as the basis of an applica- tion to reduce any tax or assessment, is guilty of a misdemeanor. Chapter 2--Duties of Auditor Section 491. As soon as the auditor receives the local roll from the clerk of the board of equalization he shall add up the valuation on it and enter on the roll the total valuation of each kind of property and the total valuation of all property. Section 492. Annually, immediately after equalization is -com- pleted, the auditor shall prepare a valuation statement, verified by his attached affidavit, from the local roll as corrected by the city board of equalization. Section 493. The valuation statement shall show in separate columns: (a) The total value of all property. (b) The value of real estate. (c) The value of improvements. (d) The value of possessory interests and personal property, exclusive of money. (e) The amount of money. (f)Any other information as requested by the state board of ORDINANCE NO. 425 205 equalization. Section 494. As soon as the valuation statement is prepared, the auditor shall transmit it to the state board of equalization. DIVISION III—LEVY OF TAX Chapter 1—Determination of Tax Section 601. Not later than the regular meeting of September, annually, the city council shall by resolution fix the rate of city and district taxes, designating the number of dollars and cents levied for each fund on each one hundred dollars of property valu- ation, and shall levy the city taxes on the taxable property in the city. In designating the rate levied for each fund and the city tax rate, computations shall be carried to the hundredth of a cent; fractions of a hundredth of a cent equal to a half or greater shall be considered as a hundredth of a cent and fraction of less than a half shall be disregarded. The tax rate may be fixed after the first meeting in Setpeinber by a resolution stating the reasons why it was not fixed on or before said first meeting in September. Section 602. The auditor shall then: (a) Compute and enter in a separate column on the roll the respective sums in dollars and cents to be paid as a tax on the property included in each assessment. (b) Place in other columns the respective amounts due in in- stallments. (c) Foot each column showing the totals. Fractions of a cent equal to a half or greater shall be con- sidered as a cent and fractions of less than a half shall be dis- regarded in computing the total tax on penalties on any assess- ment. Chapter 2—Effects of Tax Section 636. Every tax is a personal obligation of the assessee. Section 637. Every tax is a lien against the property assessed. Section 638. Every tax on personal property is a lien on the real property of the owner thereof in this city. Section 639. Every tax on improvements is a lien against the taxable land on which they are located, whether they are assessed to the landowner or to some other person. Section 640. Every tax on an assessment of possessory interests is a lien on the other taxable real property of the owner in this city. / l Section 641. All tax liens attach as of the lien date. Section 642. All tax liens are paramount to all other liens. Section 643. Except as otherwise provided in this chapter, 206 ORDINANCE NO. 425 the personal obligation is satisfied and the tax lien removed when, but not before, (a) The tax is paid or legally cancelled or, (b) For non-payment of any taxes, the property is sold to a private purchaser or deeded to the city. Section 644. After thirty years succeeding the time, hereto- fore or hereafter, when any tax becomes a lien, if the lien has not been otherwise removed, the lien ceases to exist and the tax is conclusively presumed to be paid. The redemption officer shall mark the tax paid in the records. DIVISION IV—COLLECTION OF TAXES Chapter 1—Medium of Payment Section 701. Taxes shall be paid in no other medium than those provided in this chapter. Section 702. Taxes may be paid in lawful money of the United States. Section 703. A tax levied for a special purpose shall be paid in such funds as may be directed. Section 704. As used in this chapter, "negotiable paper" means checks, drafts, and express and post-office money orders. Section 705. The city collector., or treasurer may in his discre- tion accept negotiable paper in payment of any tax, assessment, or license: Section 706. The acceptance of negotiable paper constitutes a payment of tax, assessment, or license as of the date of acceptance when, but not before, the negotiable paper is duly paid. Section 707. If any negotiable paper be not paid for any rea- son, any record of payment made on any official record because of its acceptance shall be cancelled, and the tax, assessment, or license is a lien as though no payment has been attempted. The officer accepting negotiable paper shall make any memo- randa necessary to enable him to make proper cancellation on its return without payment. Section 708. When a cancellation is made, the officer making it shall record it in a book kept by him for that purpose. He shall immediately send a notice to the person who attempted by the negotiable paper of the cancellation of the payment. The validity of any tax, assessment, license, penalties, or costs is not affected by failure or irregularity in giving the notice. Chapter 2—Collection Generally Section 736. On or before October 1, the auditor shall deliver . the secured roll to the city collector. Section 737. The city collector shall collect all property taxes ORDINANCE NO. 425 207 except as otherwise expressly provided. Section 738. On delivering the secured roll to the city collector the auditor shall charge him with the taxes thereon. Section 739. When property is placed on the roll after it has been delivered to the city collector, the auditor shall immediately compute and enter the tax and other charges and make any neces- sary changes in his account with the city collector. Section 740. The following taxes are due November 1: (a) All taxes on the secured roll, except taxes on real prop- erty other than possessory interests. (b) The first half of taxes on real property other than pos- sessory interests. Section 741. The second half of taxes on real property, other than possessory interests, is due January 20. Section 742. The entire tax on real property may be paid when the first installment is due. Section 743. The city collector may fix a date preceding the due date when payments may be made. Section 744. On or before the day when taxes on the secured roll are payable the city collector shall publish a notice specifying. (a) The dates when taxes levied on the secured roll will be due. (b) The times when these taxes will be delinquent. (c) The penalties for delinquency. (d) That all taxes may be paid when the first installment is due. (e) The time and place at which payment may be made. Section 745. The notice shall be published once. Section 746. As soon as possible after receipt of the completed roll the city collector shall mail a tax bill to each assessee whose address is shown on the roll. The failure or neglect of the city collector to send the tax bill or any similar notice, or the fact that the assessee did not receive the tax bill or any similar notice, does not affect the validity of any tax or any proceeding to enforce collection of a tax. Section 747. The tax bill shall specify: (a) The amount of the assessment. l (b) The amount of tax levied. (c)The amount of each installment. (d) The beginning and end of the fiscal year for which the 208 ORDINANCE NO. 425 tax is levied. (e) The description of the property. (f) A notice that if taxes are unpaid it will be necessary to pay penalties. (g) The rates for computing delinquent penalties and redemp- tion penalties. Section 748. On the tax bill for tax sold property shall appear in writing the fact that it has been sold for taxes and the date of sales. Section 749. All taxes shall be paid at the collector's office. Section 750. The city collector shall mark the fact and date of payment on the roll opposite the name of the assessee. Section 751. The city collector shall give the person making payment a receipt, written on the tax bill or a copy of the tax bill, specifying the amount of tax paid and the amount remaining unpaid. Section 752. On the first Monday in each month the city col- lector shall report to the auditor for all moneys collected. On the same day he shall file with the auditor a statement under oath, showing: (a) An itemized account of all his transactions and his receipts since his last settlement, including the amount collected for each fund or district extended on the roll. (b) That all money collected by him has been paid as required by law. Section 753. All taxes due November 1, if unpaid, are delin- quent December 5 at 5 P. M. and thereafter a delinquent penalty of 8010 attaches to them. If these taxes are not paid before the second half of taxes on real property is delinquent, an additional delinquent penalty of 3110 attaches to them. Section 754. The second half of taxes on real property, if un- paid, is delinquent April 20 at 5 P. M. and thereafter a delinquent penalty of 3510 attaches to it. Section 755. If December 5 or April 20 falls on Saturday, the hour of delinquency is 12 M. Section 756. After the second half of taxes on real property is delinquent, the city collector shall collect as the cost of preparing the delinquent list fifty cents on each assessment on the secured roll of: (a) Real property, except possessory interests. (b) Possessory interests. (c) Personal property. Section 757. After the first half of taxes on real property is r delinquent, the city collector shall compute and enter on the secured ORDINANCE NO. 425 209 roll the delinquent penalties against all taxes not marked paid. Section 758. Annually on December 19 the auditor shall start examination of the secured roll. Within ten days, he shall verify, and charge the city collector with, the amount of delinquent penal- ties due on the secured roll. Section 759. After the second half of taxes on real property Is delinquent, the city collector shall compute and enter on the secured roll the delinquent penalties and costs against all taxes not marked paid, and shall prepare a delinquent list. In numerical or alphabetical order, the delinquent list shall show the following information relating to each assessment of property, the taxes on which are delinquent: (a) The assessee. (b) The description of the property. (c) The total amount due which is a lien on the property. Section 760. Annually on May 10 the auditor shall start ex- amination of the secured roll and shall compare it with the delin- quent list. Within 10 days, he shall verify, and charge the city collector with, the amount of delinquent penalties and costs not previously charged to the city collector. He shall also correct and approve the delinquent list. `Section 761. Immediately after the time property is sold to the city for taxes the auditor shall administer an oath to the city.col- lector, to be written and subscribed on the roll, that all property on which taxes have been paid has been credited with such pay- ment on the roll. Section 762. The auditor shall then examine the secured roll and shall have a final settlement with the city collector of all amounts charged against him on the secured roll. The city collector shall deliver the treasurer's receipt to the auditor and shall imme- diately account for any deficiency. The secured roll shall then be placed in the permanent custody of the redemption officer. Section 763. The roll or delinquent list, or a copy certified by the redemption officer, showing unpaid taxes against any property, is prima facie evidence of: (a) The assessment. (b) The property assessed. (e) The delinquency. (d) The amount due and unpaid. (e) Compliance with all forms of law relating to assessment and levy of the taxes. Section 764. If the city collector refuses or neglects for five days to make payments or settlements as required by this ordinance, he is liable for the full amount charged on the roll. The city attorneys shall bring suit against the city collector and his sureties for this amount. After the suit is commenced, no 210 ORDINANCE NO. 425 credit shall be made to the city collector for taxes outstanding. Chapter 3—Collection on Part of an Assessment Section 795. As used in this chapter, "parcel" includes an undivided interest in real property. For purposes of this chapter, improvements are not a "parcel" separate from the land on which they are situated. Section 796. The tax on any parcel of .real property, except . possessory interests, contained in an assessment and having a separate valuation on the roll may be paid separately from the whole assessment by paying the amount'which bears the same pro- portion to all taxes which are a lien on the whole assessment as the valuation of all real property, except possessory interests, in the assessment. Section 797. On such payment, the city collector shall make an,entry on the roll opposite the assessment showing: (a) The property released from lien by separate payment of taxes. (b) The amount of taxes paid. (c) The value of the remainder of the assessment. (d) The balance payable on the assessment. Section 798. Any person showing evidence by a deed, deed of Y trust, mortgage, or decree of court, of an interest in any parcel of real property, except possessory interests, which does' not have a separate valuation on the roll, and who is not the owner or con- tract purchaser of the entire piece separately assessed, may apply to the officer having custody of the roll to have the parcel separately valued on the roll for the purpose of paying current taxes. Section 799. The application shall be made after taxes are payable, before any payment of taxes has been made on the prop- erty, and before the last installment becomes delinquent. Section 800. The application shall be accompanied by an af- fidavit of interest and a fee of fifty cents for each parcel to be separately valued. Section 801. The assessor shall describe and place a separate valuation on each of the parcels. The sum of the valuations of the parcels shall equal their total valuation before separation. A separate valuation shall not be made of any parcel covered by a new sub- division map filed after the lien date. Section 802. The assessor shall transmit the valuations to the officer having custody of the roll. This officer shall enter the de- scriptions and separate valuations on the roll as part of the orig- inal assessment. Chapter 4—Collection on the Unsecured Roll Section 830. Taxes levied on the unsecured roll are due on the lien date on or next after which lien date the property is assessed. Section 831. The city collector shall collect taxes on the un- ORDINANCE NO. 425 211 secured roll, provided that the city collector, with the consent of the assessor, may appoint the assessor or any or all of his deputies as deputy collectors, subject to the approval of the City Council, for the purpose of collecting said unsecured tax. Section 832. The tax rate to be used in collecting the taxes on the unsecured roll is the rate last fixed before the taxes be- come due. Section 833. On or before the lien date, the auditor shall furnish the city collector with blank unsecured property receipts, in a form prescribed by the auditor, and shall charge the city col- lector with the number of receipts furnished. Section 834. The assessor shall furnish the city collector daily with such portions of the unsecured roll as are completed. Section 835. The fact and date of payment on the unsecured roll shall be marked opposite the name of the assessee. Section 836. Taxes on the unsecured roll may be collected by seizure and sale of any of the following property belonging or assessed to the assessee: (a) Personal property. (b) Possessory interests. Section 837. A record shall be kept of the property seized and sold. Section 838. The sale shall be at public auction. A sufficient amount of the property shall be sold to pay the taxes, penalties, and costs of seizure and sale. Section 839. Notice of the time and place of sale shall, be published once at least one week before the sale. Section 840. On payment of the price bid for property sold, delivery of the property with a bill of sale vests title in the purchaser. Section 841. The owner of the property or his successor in interest is entitled to a refund of any excess in the proceeds of the sale over the taxes, penalties, and costs in the same manner as an over-payment of tax is refunded. If not claimed within three years after the_ sale, this excess belongs to the city and shall be placed in the general fund. Section 842. The unsold portion of any property may be left at the place of sale at the risk of the owner. Section 843. Property shall not be seized and sold for taxes after one year succeeding the time the taxes become due, except that if the property is discovered and assessed outside an assess- ment period the power to seize and sell is extended to one year after the lien date succeeding the discovery and assessment. Section 844. Taxes on the unsecured roll are delinquent July 1, regardless of whether the property is discovered and assessed 212 ORDINANCE NO. 425 before or after such date, and thereafter a delinquent penalty of 8% attaches to them. Section 845. After taxes on the unsecured roll are delinquent, the city collector shall compute and enter on the unsecured roll the delinquent penalties against all taxes not marked paid. As soon as practicable thereafter, the auditor shall verify, and charge the city collector with, the amount of delinquent penalties due on the unsecured roll. Section 846. Immediately after the statute of limitations runs on the right to.sue for taxes on the unsecured roll, the auditor shall have a final settlement with the city collector of all amounts charged against him on such roll. The auditor may arrange for further settlement as to amounts then involved in pending suits. Chapter 5—Suits for Taxes Section 871. No suit shall be brought against an assessee for taxes on real property other than possessory interests. Section 872. Where delinquent taxes are not a lien on real property sufficient, in the opinion of the assessor or the City Council, to secure the payment of the taxes, and in no other case, this city may sue in its own name to recover the taxes, delinquent penalties, and costs. Section 873. In any suit for taxes, the roll, or a duly certified copy of any entry, showing the property and unpaid taxes, is prima facie evidence of the plaintiff's right to recover. DIVISION V—TAX SALES Chapter 1—Publication of Delinquent List and Notice of Sale Section 901. Annually, on or before June 8, the city collector shall publish the delinquent list. When the amount due on any assessment included in the delinquent list is paid or legally cancell- ed before the list is ready for publication, the information relating to this assessment may be omitted from the publication. Section 902. With the delinquent list the city collector shall publish a notice, specifying: (a) That unless the taxes, penalties, and costs are paid the real property on which they are a lien will be sold. (b) The time and place at which the property will be sold to the city by operation of law. Section 903. If there is on the delinquent list any tax sold property which was sold to the city in the fifth preceding calendar year, or any year prior thereto, a notice shall follow the description of the property substantially as follows: "To be sold at public auction, 19......... See sale No_ ____________________________________ in addenda to this list." i Section 904. The city collector shall publish with the delinquent list a notice of sale of all tax sold property which was sold to the ORDINANCE NO. 425 213 city in the fifth preceding calendar year or any year prior thereto. Section 905. The published notice of sale of tax sold property shall show: (a)A list of descriptions of the property. The assessments con- tained in this notice of sale shall be numbered in regular sequence. (b) That on the date of sale at public auction five years will have elapsed since the property was sold to the city. (c) The year of sale to the city. (d) That the property will be offered for sale at public auc- tion to the highest bidder for cash, unless sooner redeemed. (e) The time and place at which the property will be sold. (f)' That the minimum acceptable bid will be the total taxes, penalties, and costs for which it was sold to the city. (g) The amount.of the minimum bid, opposite the description of the property. (h) The time within which the successful bidder must redeem the property. (i) That, after a bid is made and accepted at the sale, the right of redemption ceases, except as to the purchaser. (j) The date of the notice. Section 906. The publication shall be made once a week for three successive weeks in a newspaper of general circulation pub- lished in this city. Section 907. Immediately after the publication, the city col- lector shall file with the city clerk a copy of the publication and an affixed affidavit. The affidavit shall show: (a) That it is affixed to a true copy of the publication. (b) The manner of publication. (c) Date of first publication and each publication thereafter. This affidavit is prima facie evidence of the facts stated. (Amended by Ordinance No. 433.) Section 908. Within five days after the first publication of the notice of sale of tax sold property and at least 21 days before the date of sale, when tax sold property is to be sold at public auction, the collector shall mail to the last assessee either a copy of the publication or a notice of sale. (Amended by Ordinance No. 433.) Section 909. The mailed notice of sale shall show: (a) That the property will be offered for sale at public auction unless redeemed. r � (b) The year of sale to the city and the name of the assessee in that year. (c)The time and place of sale at public auction. 214 ORDINANCE NO. 425 (d) The description of the particular property. (e) When the redemption may be made. (f) The official who will furnish all information concerning redemption. Chapter 2—Sale by Operation of Law Section 936. Not less than 21 or more than 28 days after the first publication of the delinquent list, at the time fixed in the publication, the real property on which all taxes, penalties, and costs have not been paid, except tax sold property and possessory interests, shall by operation of law and the declaration of the city collector be sold to the city. The sale shall be in the city collector's office. The declaration shall be deemed sufficient by the city col- lector stamping on said delinquent list the words "Sold to City Section 937. Until the time of sale, the owner or person in possession of any property in the delinquent list may pay the amount due. Section 938. If the city collector discovers before the sale that because of any error the property should not be sold, he shall not mark it sold to the city but shall notify the assessor. The property shall then be treated like property which escaped assessment for the year for which it was to be sold. Section 939. In appropriate columns on the roll, opposite each parcel sold, the city collector shall enter the fact and date of sale and the amount for which the property was sold. Section 940. Every person who does any act tending perma- nently to impair the value of tax sold or tax deeded property is: (a) Liable for any damages sustained by the city because of his act. (b) If the act was done with intent to defraud the city, guilty of a misdemeanor. Section 941. Within 30 days after the sale by operation of law, the city collector shall furnish the auditor with a list in writ- ing of the property sold. The auditor shall enter on the current roll opposite the description of the property the fact and date of sale. Section 942. The auditor shall transmit the list of property sold to the assessor who shall enter on his records the fact and date of sale. Section 943. If the original sale to the city is ever cancelled or held void the property shall be treated for all purposes as if sold to the city in the next subsequent year for which it would have been validly sold to the city if it had not been tax sold property. Chapter 3—Sale to Private Parties—Before Deed to the City Section 966. Not less than 21 nor more than 28 days after the ORDINANCE NO. 425 215 first publication of the notice of sale of tax sold property, and at least fivq years after the property was sold to the city, the city collector shall, as prescribed in this chapter, sell at public auction to the highest bidder for. cash all tax sold property which was sold to the city in the fifth preceding calendar year or any year prior thereto. The sale shall begin at the time given in the published notice of sale and .shall continue from day to day thereafter if additional time is needed to complete the sale. The sale shall be in the collector's office. Section 967. No bid shall be accepted at a sale under this chapter for a sum less than the amount for which the property was sold to the city. Section 968. After a bid has been accepted, the ri ht of re- demption ceases except as to the purchaser. The purchaser-shall pay the amount bid immediately and redeem the property within thirty days. If he does not redeem, the amount bid and paid is forfeited: On redemption, he shall receive credit for that portion of his bid equal to the amount for which the property was sold to the city. The sale is not completed until the redemption is made. Section 969. On completion of the sale, the city collector shall, without charge, forthwith execute a deed, duly acknowledged or proved, conveying the property to the purchaser or his assigns. Section 970. In addition to the usual provisions of a deed con- veying real property, the deed shall specify: (a) The year of sale to the city. (b) That, for the year of sale to the city, the property was duly assessed and the tax legally levied. (c) The assessee in the year of sale to the city. (d) The name of the purchaser at this tax sale and the fact and date that the property was sold to him for nonpayment of delinquent taxes which were a lien on the property. (e) The amount for which the property was sold to the pur- chaser. (f) That the property has been redeemed. (g) That the property is therefore conveyed to the purchaser according to law. Section 971. This deed, duly acknowledged or proved is prima facie evidence and conclusive evidence of the same facts as a deed to, the city for taxes and conveys the same title as a deed to the city. Chapter 4—Deed to the City Section 996. If the sale of any tax sold property at public auction is not completed, the city collector shall forthwith execute 216 ORDINANCE NO. 425 a deed, duly acknowledged or proved, conveying the property to . the city. Section 997. In addition to the usual provisions of a deed con- veying real property, the deed shall specify: (a) The date of sale to the city. (b) That for the year of sale to the city, the property was duly assessed and the tax legally levied. (c) The assessee in the year of sale to the city. (d) The amount for which the property was sold. (e) That five years have elapsed since the. sale to the city and the property has not been redeemed. (f) That the property is therefore conveyed to the city ac- cording to law. Section 998. The deed to the city shall be recorded with the county recorder and shall thereafter be filed in the city clerk's office. Section 999. The deed, duly acknowledged or proved, is prima facie evidence that: (a) The property was assessed according to law. (b) The assessment was equalized according to law. (c) The taxes were levied according to law. (d) The taxes were not paid. (e) The property was sold to the city according to law. (f) The property was not redeemed. (g) The proper officer executed the deed. (h) All the taxes for which the real property was sold were legally a lien on the real property. Section 1000. The deed, duly acknowledged or proved, is con- clusive evidence, except against actual fraud, of the regularity of all other proceedings, from the assessment of the assessor to the execution of the deed, both inclusive. Section 1001. The deed conveys to the city the absolute title to the property, free from all encumbrances. Chapter 5—Renting Tax Deeded Property Section 1026. In the name of the city, the city collector may rent tax deeded property and may collect all proceeds arising in any manner from the property. Section 1027. The city Collector may exact an accounting from any person of the proceeds from tax deeded prperty. Section 1028. The city collector may demand and receive possession of tax deeded property and may mantain an action of unlawful detainer or of ejectment in the name of the city against ORDINANCE NO. 425 217 • persons unlawfully on the property. Section 1029. In the name of the city, the city collector may do all things relating to renting and receiving the proceeds of tax deeded property that an absolute owner may do. Section 1030. All leases shall contain a clause that if the tax deed is declared void the lessee is entitled only to refund of the unearned portion of the rental paid, with no further damages. The refund shall be made in the same manner as an overpayment of tax is refunded. Section 1031. The city collector may remove or permit the removal of any structure or fixture which becomes a public nuis- ance on receipt of written notice of condemnation from the proper authority. Section 1032. On the approval of the city council, the city collector may make an investigation and appraisal by competent appraisers of tax deeded property and for this purpose may employ any necessary assistance. A report of the information resulting from the investigation and appraisal shall be filed with the city council. Section 1033. All moneys received under this chapter shall be deposited in the general fund. Chapter 6—Sale to Private Parties of Tax Deeded Property Section 1061. The procedure to sell tax deeded property is as provided in this chapter. Section 1062. Any person may apply in writing to the city collector to purchases tax deeded property, tendering the amount bid. Section 1063. The application shall describe the property and shall be accompanied by a sum sufficient to defray the costs of advertising and conducting the sale. If the applicant fails to se- cure the property on his bid, this sum shall be returned to him and these costs shall be collected from the successful bidder. In either event, this sum is a credit on the amount bid. Section 1064. At any time without application the city collect- or may, and on application under this chapter the city collector shall, transmit a notice in writing to the city council of his intent to sell tax deeded property. Section 1065. The notice of intent shall specify: (a) A description of the property. (b) A detailed statement of the amount that was needed for redemption just before deed to the city. (c) The minimum price at which it is proposed to sell the property at public auction. (d) Time and place of sale. 218 ORDINANCE NO. 425 (e) Any term of sale or that the sale is to be for cash. Section 1066. The minimum price for each parcel shall be sufficient to cover the required costs of advertising and conducting the sale, unless otherwise authorized by the city council. Section 1067. The city council shall by resolution approve, reject, or change the conditions for the proposed sale and shall transmit a certified copy of the resolution to the city collector. Section 1068. On receipt of the resolution, if it allows a sale, the city collector shall publish notice of the intended sale once in a newspaper published in the city. The notice shall contain the same facts as the notice of intent transmitted to the city coun- cil, as changed by the city council. A copy of the notice shall also be mailed to the last assessee of the property and to the gov- erning board of every taxing agency having unpaid taxes which are a lien on the property. The first publication shall be complet- ed at least 21 days before the sale. I-V Section 1069. The city collector may publish additional notice of the sale in a newspaper or otherwise, but the cost of this add- itional notice is not a required cost to be included in the minimum price. Section 1070. At the time and place specified, the city collect- or shall sell the property at public auction to the highest bidder. No bid shall be accepted for less than the specified minimum price. Section 1071. All bids shall be for cash. Section 1072. On receipt of the full purchase price, the city collector shall, without charge, execute a deed, duly acknowledged or proved, conveying the property to the purchaser or his assigns. Section 1073. In addition to the usual provisions of a deed conveying real property, the deed shall specify: (a) That the property was duly sold and conveyed to the city for nonpayment of taxes. (b) That the taxes for which it was sold to the city were legally levied and were a lien on the property. (c) That the property was sold at public auction to the high- est bidder. (d) That the grantee became the purchaser at this sale and the amount for which the property was sold to him. (e) That the property is therefore conveyed to the purchaser according to law. Section 1074. This deed, duly acknowledged or proved, is prima facie evidence and conclusive evidence of the same facts as the deed to the city for taxes and conveys the title which the city had Section 1075. Within ten days after executing a deed under this chapter, the city collector shall transmit to the county recorder ORDINANCE NO. 425 219 l and city assessor a report, specifying: (a) That the tax deeded property has been sold. (b) The name of the grantee in the deed. (c) The date of the deed. (d) The amount for which the property was sold. (e) The description of the property. (f) The number and date of the tax deed to the city. Section 1076. That if any other taxing agency has a tax lien on, or tax title to, tax deeded property, the city collector, with the approval of the City Council, may join with other taxing agencies in selling the tax deeded property in order to give the purchaser the rights of the other taxing agencies as well as the city's title, provided, however, that in the event the Board of Supervisors of the County of Orange, California, authorizes the sale of tax deed property pursuant to Chapter 529, Statutes 1939 of the State of California, the City Council may consent to said sale by resolution and in the event the county tax collector sells said property pur- suant to said consent and authorization by the State Controller, as provided by law, said sale shall be good and valid and of the same force and effect as if sold by the City; and the City Collector is hereby directed to prepare and present a demand for any monies due the city pursuant to said statute. (Amended by Ordinance No. 433) DIVISION VI—REDEMPTION Chapter 1—Redemption Generally Section 1201. Tax sold property may be redeemed by the owner or his successor in interest, at any time thereafter up to and until the city shall have disposed of the same. Section 1202. The amount necessary to redeem is the sum of the following: (a) The amount of sold taxes. (b) The delinquent penalties and costs for the year of sale to the city. (c) Redemption penalties. Section 1203. Redemption penalties are the sum of the follow- ing: (a) One per cent a month beginning July 1 of the year of sale to the city on the amount of sold taxes at the time of sale. (b) One per cent a month beginning July 1 of each subse- quent year on the unpaid taxes for which the property would have been sold to the city in that year if there had not been a previous sale, and one-half per cent per month thereafter until the date r of redemption. Section 1204. Application to redeem shall be made to the re- demption officer, who shall then prepare in triplicate estimates of 220 ORDINANCE NO. 425 the amount necessary to redeem. 1 Section 1205. Payment of the amount necessary to redeem shall be made to the redemption officer and receipt shall be en- dorsed on each copy of the estimate. The redemption officer shall deliver one copy of the receipt to the redemptioner and one to the auditor. The auditor shall notify the assessor of the redemption. Section 1206. Opposite the description of the property on each roll on which the property appears the redemption officer shall note the fact and,date of redemption. Chapter 2—Redemption of Part of an Assessment Section 1231. As used in this chapter, "parcel" includes an undivided interest in"real property. For purposes of this chapter, improvements are not a "parcel" separate from the land on which they are situated. 'Section 1232. Any parcel of tax sold property contained in an assessment and having a separate valuation on the roll for the year of sale to the city and all subsequent rolls may be redeemed sep- arately from the whole assesssment as provided in this chapter. Section 1233. The amount of sold taxes on the parcel is the amount which bears the same proportion to the amount of sold taxes on the whole assessment as the valuation of this parcel bears to the valuation of all real property in the assessment. Section 1234. The amount necessary to redeem the parcel is the sum of the following: (a) The amount of sold taxes on the parcel. (b) Redemption penalties computed on the amount of sold taxes on the parcel. (c) Delinquent penalties and costs for the year of sale to the city as if the parcel were the entire assessment. Section 1235. On such redemption, the redemption officer shall make an entry opposite.the assessment on the roll on which the property was sold showing: (a) The parcel released from lien by separate redemption. (b) The portion of the amount of sold taxes paid. (c) The valuation of the remainder of the assessment. (d) The portion of the amount of sold taxes remaining un- paid. Section 1236. Opposite the assessment on each other roll on which the property appears the redemption officer shall note the fact and date of partial redemption. Section 1237. In all other respects the redemption shall be l made in the regular manner. Section 1238. Any person claiming an interest, evidenced by ORDINANCE NO. 425 221 a deed; deed of trust, mortgage, or decree of court, in any parcel of tax sold property which does not have a separate valuation on the roll for the year of sale to the city or any subsequent roll may apply to the redemption officer to have the parcel separately val- ued in order that it may be redeemed under this chapter. Section 1239. Each application shall be accompanied by_a fee of one dollar. Section• 1240. The redemption officer shall transmit the ap- plication for separate valuation to the assessor. Section 1241. The assessor shall place a separate valuation on the.parcel for each year-for which it was delinquent and not sep- arately valued and transmit it to the ,city collector. Except be- tween the time when the second installment of taxes becomes de- linquent and the, time when property is sold to the city, if the parcel is not separately valued on the current, roll, the, assessor shall also transmit a separate valuation of the parcel to the officer having custody of the:current roll who shall place the valuation on the current roll as part of the original assessment. In all cases, the.'sum of the valuations of the parcels separately. valued shall equal their.total valuation before separation- Chapter 3—Postponement of Redemption Section 1251. Definition—"Taxes". "Taxes" as used in this Ordinance; includes all taxes and assessments and annual install- ments charged on the tax roll. _ r Section 1252. In all cases where real estate has been sold to the City of Huntington Beach on or before July 6; 1938, for de- linquent taxes and the City has not disposed of the same, the person whose estate has been sold, his heirs, executors, administrators, or other successors in interest, may, on'or before the 20th day of April, 1941, redeem such property,by paying the amount of unpaid taxes, as defined herein with interest on the whole amount_of un- paid taxes at the rate of seven (7) per cent per annum computed beginning the 1st day of.July, 1936, to the time of such redemption. No other interest, costs, penalties for delinquency, or redemp- tion-penalties accruing before April 20, 1941, need be paid on such redemption. Section 1253. In all cases where real estate has been sold to the City on or before July 6, 1938, for delinquent taxes, and the City has not disposed of the same, the person whose estate has been sold, his heirs, executors, administrators, or other successors in interest, may, on or before April 20, 1941, elect to pay said de- linquent taxes in installments. i During. the time such installments are paid as prescribed herein, together with current City and County taxes, the period of re- demption of such real estate is extended, and there shall be. no sale of. the property at auction before deed.to the city,..nor a deed to 222 ORDINANCE NO. 425 the City, nor, if already deeded to the City, a resale to the State. Such payments in installments shall be made as follows: (a) The first payment shall consist of ten (10%) per cent, or more, of the amount of unpaid taxes, plus interest on the whole amount of unpaid taxes at seven (7%) per cent per annum begin- ning July 1, 1936, to date of such payment. Before such first pay- ment is made there must be paid the amount of taxes, penalties and costs due and payable for fiscal year in which such payment is made. (b) Further payments shall be made not later than April 20, in each succeding fiscal year and each payment shall consist of ten (10%) per cent, or more, of the whole amount of unpaid taxes, plus interest at seven per cent per annum from the date of the preceding payment on the balance of the amount of unpaid taxes remaining unpaid after the previous payment. In the event of failure to make any of the payments on or be- fore the dates prescribed, such property is thereupon subject to sale at auction or may be deeded to the City or resold by the City, in the same manner as if no election to pay delinquent taxes in in- stallments has been made. No such payment, nor all of them, is a redemption of the real estate nor effects the right, title, or interest of the City, but is com- pensation for the use of the real estate. Upon complying with sub- division "a" of this section, possession of the property by the City shall cease and determine until such time as there may be a de- fault under the terms of this section. If each installment is paid as prescribed and if redemption of the property is made on or before the 20th day of April, 1950, the amounts previously paid and cred- ited are a credit on the amount to be paid for such redemption. If all installments are paid as prescribed and the property is redeemed on or before the twentieth day of April, 1950, the amount necessary to redeem the property is the sum of the following amounts, unless under some other method of redemption, a redemp- tion may be made for a lesser amount: (a) The amount of unpaid taxes, with interest thereon equal to the amount of interest included in all installment payments previously made or credited. (b) Interest equal to the amount of interest due at the time of such redemption on the remainder, if any, of the amount of un- paid taxes payable in installments under this section. (Chapter 3 added by Ordinance No. 433) DIVISION VII—DISTRIBUTION Section 1351. Amounts received in payment of taxes, penalties, and costs, or on redemption or on sale of tax sold property or tax deeded property, shall be distributed in the order of the sections in this division. Distribution under each section in turn shall be ORDINANCE NO. 425 223 made as fully as possible before proceedings to the succeeding sec- tions. Section 1352. As used in this division: (a) ."Taxes" includes assessments. (b) "Fund" includes a revenue district., Section 1353: All amounts forfeited by bidders for failure to complete purchases shall be distributed to the general fund. Section 1354. Amounts received.to reimburse the city for any costs of publication or other expenses_ shall be distributed to the general fund. Section 1355. The -amount collected as the cost of preparing the delinquent list shall.be distributed to the general fund. Section 1356. (a) If the balance remaining is equal to or greater than the total unpaid taxes on the property, there shall be distributed to each fund an amount equal to the unpaid taxes levied for the fund. (b) If the balance remaining is less than the total unpaid taxes on the property, there shall be distributed, to each fund, an amount bearing the same proportion to the balance remaining as the unpaid taxes levied for the fund bear to the total unpaid taxes on the property. Section 1357. On payment of current taxes, amounts paid as delinquent penalties shall be distributed to the general fund. Section 1358. This section does not apply to amounts received on payment of current taxes. As used in this section, "delinquent penalties" means the amounts collected for delinquent penalties or, in the case of a sale where the amount collected for delinquent penalties is not specified, the delinquent penalties for the first year of delinquency. (a) If the balance remaining is equal to or greater than the total delinquent penalties on all unpaid taxes on the property, there shall be distributed to each fund an amount equal to the delin- quent penalties on the unpaid taxes levied for the fund.- If the balance remaining is less than the total delinquent penalties on all unpaid taxes on the property, there shall,be dis- tributed to each fund an amount bearing the same proportion to the balance remaining as delinquent penalties on the unpaid taxes levied for the fund.bear to the total delinquent penalties on the unpaid taxes on the property. Section 1359. (a) If the balance remaining is equal to or greater than the total interest and redemption penalties on all un- paid taxes on the property, there shall be distributed to each fund an amount equal to the interest and redemption penalties on the 224 ORDINANCE NO. 425 unpaid taxes levied for the fund. (b) If the balance remaining is less than the total interest and redemption penalties on all unpaid taxes on the property,. there shall be distributed to each fund an amount bearing the same pro- portion to the balance remaining as the interest and redemption penalties on the unpaid taxes levied for the fund bear to the total interest and redemption penalties on all unpaid taxes on the prop- erty. Section 1360. Any further amount shall be distributed pro rata among the city and revenue districts in the proportion which the unpaid taxes due the city and each revenue district bear to the total unpaid taxes on the property. The portion of this surplus due the city shall be distributed to the general fund. DIVISION VIII—REFUND AND CORRECTIONS Chapter 1—Corrections Generally Section 1401. All or any portion of any tax, penalty, or costs, heretofore or hereafter levied, may be canceled by the auditor on order of the city council with written approval of the city attorney if it was levied: (a) More than once. (b) Erroneously or illegally. (c) On a portion or an assessment in excess of the cash value of the property by reason of the assessor's clerical error. (d) On improvements when the improvements did not exist on the lien date. (e) On property acquired after the lien date by the state, county, city, or a district and because of this public ownership exempt from further taxation when cancellation is requested, except when acquired by sale and deed for taxes. Except in the case specified in subdivision (e), the correct amount due on the assessment shall be paid before the tax is can- celed. Section 1402. On discovery that any property is assessed more than once for the same year, after payment of all charges justly due on the property, the city collector shall certify the facts to the auditor and city council. The other assessments and charges there- on shall be canceled on the roll in the same manner that a tax may be canceled. Section 1403. Errors in the roll or delinquent list or any tax proceeding may be corrected by the auditor with the written con- sent of the city attorney at any time after the assessment period and before the sale to the city for taxes. Section 1404. The consent of the city council is necessary to any change that will increase or decrease the amount of taxes due. If any change will increase the amount of taxes due, the city coun- ORDINANCE NO. 425 225 l cil shall give the assessee opportunity for a hearing after five days' notice. The city council's decision in the matter is final. Section 1405. The auditor shall: (a) Enter the date and nature of every correction on the roll. (b) File the written authority for the correction as a public record. (c) Make the necessary changes in his account with the city collector. Section 1406. On order of the city council with consent of the city attorney, if all proceedings leading up to a sale or deed are correct, the city collector may correct a misstatement of facts or clerical error in: (a) The entry of a sale to the city by new entry replacing the erroneous entry. (b) A tax deed by issuance of a new or amended deed. As far as practicable, the new or amended tax deed shall be the same as the old one except where corrected. Section 1407. If tax sold property has been erroneously resold to the city or tax deeded property is erroneously resold or redeeded y to the city, the city collector may concel the erroneous sale or deed on order of the city council with the consent of the city attorney. Section 1408. If the taxes on any property are entered on the roll as a lien on real property on which they are not legally a lien, the auditor shall certify the facts to the city council. On order of the city council, with consent of the city attorney, the auditor shall cancel the entry and shall reenter it as follows: (a) If the assessee has real property sufficient in the assessor's opinion to secure the taxes, as a lien on this real property. (b) Where,there is not sufficient real property to secure the taxes: (1) If it is state assessed property, on the secured roll. (2) In all other cases, on the unsecured roll. Sectin 1409. If any error is carried into any publication of mailing of notice, the amended publication or notice may be re- published or mailed, or, in lieu thereof, notice of the correction may be given by publication or mailing. Section 1410. The new publication or mailing shall be in the same manner as the original. Section 1411. If any act is to be done within a specified time after the original publication or mailing, the new publication or mailing shall specify the time when the act may be done. This time is whichever is the later of the following: (a) The time originally specified. (b) One week after the new publication or mailing. Section 1412. If property is sold or deeded to the city for 226 ORDINANCE NO. 425 taxes, and the taxes have been paid or were not legally a lien on • the property, the sale and deed shall be canceled by the auditor on order of the city council with written approval of the city at- torney. Section 1413. If property is sold or deeded to the city for taxes and the tax or assessment is legally canceled, the city council shall order the auditor to cancel the sale and deed when the tax is canceled. Section 1414. When a tax or sale or deed is legally canceled, the auditor shall make notation of the fact on the roll and shall notify the city collector and assessor. When a deed is canceled, the auditor shall also notify the county recorder of the fact. Chapter 2--Refunds Section 1436. On order of the city council, any taxes, pen- alties, or costs shall be refunded if they were: (a) Paid more than once. (b) Erroneously or illegally collected. (c) Paid on an assessment in excess of the cash value of the property by reason of the assessor's clerical error. (d) Paid on an erroneous assessment of improvements which did not exist on the lien date. Section 1437. Application for a refund shall be made within three years after payment was made. Section 1438. Application for refund shall be verified and may be made only by the person who made payment, his guardian, executor, administrator, or heir. Refund shall not be made to an assignee of the applicant. Section 1439. If the amount paid has been apportioned to any funds or revenue districts, the proper proportion of the refund shall be deducted from any amounts due each fund or revenue district. Section 1440. Any amount subject to refund for which appli- cation is not made within the time allowed shall be placed in the general fund. Section 1441. After taxes are payable, any assessee may pay the tax under protest. A payment under protest is not a voluntary payment. Section 1442. The protest shall be in writing, specifying: (a) Whether the whole tax or assessment is claimed to be void, or, if only a part, what portion. (b) The grounds on which the claim is founded. Section 1443. Within six months after payment, action may be ORDINANCE NO. 425 227 brought against the city to recover the tax paid under protest. The action may be brought only: (a) As to, the portion of the assessment claimed to be void. (b) On the grounds specified in the protests. (c) By the person making payment, his guardian, executor, administrator, or heir. Payment of a judgment against the city shall not be made to an assignee of the person bringing the action. Section 1444. If the amount paid under protest has been ap- portioned to any funds or revenue districts, the proper proportion of a judgment against the city shall be deducted from any amounts due each fund or revenue district. Chapter 3—Transfer of Payments Section 1471. If a person by mistake pays a tax on other than the property intended, and by substantial evidence convinces the city collector that the payment was intended for another property, the city collector may cancel the credit on the unintended property and transfer it to the property intended as prescribed in this article. at any time before the succeeding sale of property to the city. Section 1472. The person seeking the transfer shall sign and file with the city collector an affidavit giving full details of the transaction. If the transfer is made, the affidavit is a public rec- ord and reference to it shall be entered on the roll opposite the unintended property. Section 1473. The city collector shall send a notice to the owner of the unintended property respecting the proposed transfer. Section 1474. The notice shall state that the owner of the)un- intended property may demand a hearing by the city council within five days after the notice is sent. If made, a copy of the demand shall be sent to the city collector. The city council shall set a time for the•hearing and its decision on the proposed transfer is final. Section 1475. If the amount paid is less than the amount due on the property intended, the balance of the amount due shall be paid before the transfer. If the amount paid is more than the amount due, on the property intended, the applicant is entitled to a refund of the excess in the same manner as an overpayment of tax is refunded. Section 1476. If the delinquent list is ready for publication or has been published, the applicant shall pay the cost of advertis- ing the unintended property. The unintended property shall then be ,advertised as if it were omitted from the delinquent list by clerical error, unless the taxes on the unintended property are immediately or previously paid. Chapter 4—Jurisdictional Errors Section 1501. If the collection of a delinquent tax cannot be 228 ORDINANCE NO. 425 enforced because of any jurisdictional error in the assessment of real property or in any subsequent step up to and including the termination of the right of redemption, the city collector shall certify the facts to the auditor and city council. Section 1502. If any sale or deed for taxes is rendered invalid by the error, it shall be canceled in the same manner that a tax may be canceled. Section 1503. If any portion of the property was taxable for the year for which collection cannot be enforced and the tax is unpaid, the clerk shall send a notice to the last assessee of the property respecting the jurisdictional error. Section 1504. The notice shall state that the error will be cor- rected and the collection of the tax enforced unless cause is shown why such action should not be taken. The notice shall also state that the assessee may demand a hearing by the city,council within ten. days after the notice is sent. Section 1505. The city council shall order the necessary steps taken to correct the error. The officials whose duty it was to perform the steps originally shall comply with this order. Section 1506. If an error is omission of or defect in publish- ing or, sending any-notice, the city council shall order the cor- rected notice to state the facts requiring' the new notice and the time within which the taxpayer shall do any acts dependent on the notice. Section 1507. The property shall be entered on the roll and treated like property escaping assessment in the last preceding assessment period and discovered at the time the corrections are completed, except that: (a) The assessment shall be the corrected assessment for each year for which the collection of delinquent taxes could be en- forced. (b) The amount charged against the property before compu- tation of the regular delinquent penalties on the roll on which it is entered shall be the corrected tax for each year for which the collection of delinquent taxes could not be enforced. Section 1508. There is no limit on the time within which an error may be corrected under this chapter. Chapter 5—Refunds on Void Tax Deeds Section 1536. The purchaser of tax sold property or tax deed- ed property is entitled to a refund from the city of the amount paid as purchase price if: (a) It is determined by final judgment of a court that the . sale or deed of the property is void. (b) It is determined by resolution of the city council that the property belongs to the United States, this state, or any city or ORDINANCE NO. 425 229 • political subdivision of this state and has been erroneously sold for taxes. (c) The sale or deed is legally canceled. Section 1537. The claim for refund shall be presented in the same manner as other claims against the city and within one year after the judgment becomes final or the resolution is passed. There shall be credited on the amount due the purchaser any portion of the purchase price repaid to him under any judgment of the court. Enacted April 24, 1939. Is ORDINANCE NO. 426 231 • OR.DINANCE NO, - 426 AN .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A RESIDENCE DISTRICT THEREIN. The City Council of the City of Huntington Beach, California, do ordain,as follows: Section .1: That all that portion of the City of Huntington Beach included within the following described boundaries is here- by_: established and declared to be a residence district: Beginning at the point, of the intersection of the center line of Lake Avenue with the intersection of the center line of Palm Av- enue; thence northerly along the center line of Lake Avenue to its intersection with the center line of Twelfth Street; thence west- erly .along the center line of Twelfth Street to its intersection with the center. line of Main Street; thence northerly along the center line of Main Street to its intersection with the center line of Thirteenth Street; thence westerly along the center line of Thir- teenth Street to its intersection with the center line of the first alley westerly from Main Street; thence northerly along the center line of said alley to its interesection with the center line 6f Four- teenth Street; thence westerly along the center line of said Four- teenth Street to its intersection with the center line of Palm Avenue; thence southerly along the center line of Palm Avenue to the point of beginning. Section 2: Any lot, premises or building in the residence district may be used and occupied for the following purposes: Res- idential dwellings, parks, playgrounds, public buildings and ac- cessories to said uses, including garages and space necessary for the occupants of said buildings. Section 3: (a) Every building or improvement which law- fully exists on any lot or premises at the time this ordinance became effective on said lot or premises, any portion of which does not comply with the regulations specified in this ordinance, shall be deemed and construed to be a non-conforming building or improvement. (b) A use lawfully existing in any building upon any lot or premises at the time this ordinance became effective on said lot or premises, and which does not comply with the regulations of this ordinance shall be deemed and construed to be a non- conforming use. Any such non-conforming use may be contin- ued. (c) The use of a non-conforming building shall not be chang- ed except to a use which in the opinion of the City Council, as evi- denced by resolution, is similar in nature, operations and degree 232 ORDINANCE NO. 426 of compatability to surrounding property, to the use which occu- pied the building at the time it became non-conforming or the use for which the building was intended as provided in this or- dinance. The use of a non-conforming building may be changed to a conforming use. (d) Repairs or alterations which do not enlarge or increase the size of a non-conforming building may be made to any such non-conforming building, provided that the aggregate value of separate repairs or alterations shall not exceed fifty (501/0) per- cent of the assessed value as of the date such building first be- came a nonconforming building by the effect of this ordinance; provided no repairs, alterations or additions shall be made to any non-conforming building which has been damaged by fire, flood, wind, earthquake or other calamity to the extent of more than fifty (5001o) percent of its value at the time of such damage, un- less every portion of such building is made to conform with all provisions of this ordinance for new buildings. (e) No non-conforming building or improvement shall be added or enlarged in any manner unless such building or im- provement and such additions or enlargements conform in every respect with the provisions set forth in this ordinance. (f) A non-conforming use or portion thereof occupying any lot or premises and not housed in a building occupying a con- forming building or portion thereof shall not be enlarged or ex- tended onto land or into any other portion of the conforming building not actually so occupied at the time such use became non-conforming nor shall such use be changed except to a con- forming use. If such a non-conforming use or portion thereof is abandoned or discontinued or changed to a conforming use, it shall not thereafter be re-established or reopened. (g) For the purposes of this ordinance a non-conforming use shall be deemed to be discontinued or abandoned when any such use has ceased to operate or has not been operated, or the lot or premises has ceased to be used, or has not been used, for such non-conforming purpose, for a period of sixty (60) days. Enacted May 1, 1939. r � ORDINANCE NO. 427 233 ORDINANCE NO. 427 —0-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CREATING A FIRE DEPARTMENT AND ESTABLISHING THE SALARY OF THE EMPLOYEES THEREOF. —O— The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That the Fire Department of the City of Hunting- ton Beach shall consist of a Fire Chief, one mechanic, and not to exceed six (6) engineers; provided that a lesser number of en- gineers may be appointed as may be determined by the City Council. The Fire Chief shall be appointed by the City Council and shall hold office at its pleasure. The Fire Chief shall appoint all other officers and employees of the Fire Department, subject to the approval of the City Coun- cil. Section 2: The salary of the Fire Chief shall be $210.00 per month, payable semi-monthly. Section 3: The, salary of the mechanic shall be $160.00 per month, payable semi-monthly. Section 4: The salary of the engineers in the Fire Depart- ment shall, be based upon the following schedule: First year of service in the Fire Department, One Hundred Thirty-five ($135.00) Dollars per month, payable semi-monthly. Second year of service in the Fire Department, One Hundred Forty-five ($145.00) Dollars per month, payable semi-monthly. Third year of service in the Fire Department, One Hundred Fifty-five ($155.00) Dollars per month, payable semi-monthly. Fourth year of service in the Fire Department, One Hundred Sixty ($160.00) Dollars per month, payable semi-monthly and, thereafter, the sum of One Hundred Sixty ($160.00) Dollars per month, which said salaries shall, be paid semi-monthly. Those eligible to advancement to the next higher classifica- tion shall be promoted only upon recommendation of the Fire Chief and thereafter shall receive the salary provided for said classification. Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: If any section, subsection, sentence, clause or phrase of this Ordinance for any reason is held to be unconstitu- tional, such decision shall not affect the remaining portion of this Ordinance. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this Or- dinance and each and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more ` sections, subsections, sentences, clauses or phrases be declared un- constitutional. Enacted July 5, 1939. ORDINANCE NO. 428 235 ORDINANCE NO. 428 —4_ AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 322 OF SAID CITY, ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AND REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF HUNTINGTON BEACH AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH", AS AMENDED. —O— The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That section 23 of Ordinance No. 322, as amended, be and the same is hereby amended so as to read as follows: Section 23: The following street intersections in the City of Huntington Beach are hereby designated as "STOP" intersections: 1. Main Street and Walnut Avenue. 2. Main Street and Olive Avenue. 3. Main Street and Magnolia Avenue. 4. Main Street and Fifth Street and Frankfort Street Exten- sion 5. Main Street and Seventeenth Street. 6. Lake Street and Frankfort Street Extension. 7. Seventeenth Street and Orange Avenue. 8. Delaware Avenue and Indianapolis Street. 9. Delaware Avenue and Frankfort Street. . All vehicles entering or crossing said intersections are hereby required to stop at the following entrances thereof, provided said entrances are clearly marked or sign-posted as required by the Ve- hicle Code of the State of California: 1. Main Street and Walnut Avenue: All vehicles entering or crossing said intersection from Walnut Avenue are required to stop at the entrance thereof. 2. Main Street and Olive Avenue: All vehicles entering or crossing said intersection from Olive Avenue are required to stop at the entrance thereof. 3. Main Street and Magnolia. Avenue: All vehicles entering or crossing said intersection from Magnolia Avenue are required to stop at the entrance thereof. 4. Main Street and Fifth Street and Frankfort Street Ex- tension: All vehicles entering or crossing said intersection from Fifth Street or from Frankfort Street Extension are required to stop at the entrance thereof. 5. Mann Street and Seventeenth Street: All vehicles enter- 236 ORDINANCE NO. 428 ing or crossing said intersection from Seventeenth Street are required to stop at the entrance thereof. 6. Lake Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Lake Street are required to stop at the entrance thereof. 7. Seventeenth Street and Orange Avenue: All vehicles entering or crossing said intersection from Orange Avenue are re- quired to stop at the entrance thereof. 8. Delaware Avenue and Indianapolis Street: All vehicles entering or crossing said intersection from Indianapolis Street are required to stop at the entrance thereof. 9. Delaware Avenue and Frankfort Street: All vehicles en- tering or crossing said intersection from Delaware Avenue on the northerly side of Frankfort Street are hereby required to stop at said northerly entrance. The Chief of Police is hereby authorized and directed to place and maintain a "STOP' sign at or near the entrance of the in- tersection where said stop is required. Said "STOP" sign shall com- ply with the provisions of said Vehicle Code of the State of California. Enacted July 24, 1939. r ORDINANCE NO. 430 237 ORDINANCE NO. 430 —O— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RELATING TO ELEC- TIONS. —0-- The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That the voting precincts for any general or special municipal election may consist of a consolidation of any two, or not more than four, of the regular election precincts last estab- lished for State and County election purposes. Section 2: That for every such municipal election the City Council shall appoint an election board consisting of one Inspector, one Judge, and not less than two nor more than four Clerks for each such consolidated voting precinct, said election boards to be set forth in the Resolution or Ordinance calling such election. Each election officer must be an elector and a resident of the consolidated voting precinct for which he is appointed. Said elec- tion officer shall receive such compensation as the City Council may deem just. Enacted October 2, 1939. ORDINANCE NO. 431 239 ORDINANCE NO. 431 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, FIXING THE SALARY, BOND AND QUALI- FICATIONS FOR THE CITY TREASURER OF SAID CITY. The City Council of the City of Huntington Beach, California, do ordain as follows: SECTION 1: That the salary of the City Treasurer of the City of Huntington Beach shall be the sum of One Hundred Seventy-five ($175.00) Dollars per month, payable semi-monthly. SECTION 2: That the City Treasurer of the City of Hunting- ton Beach shall, before entering upon the discharge of his duties, execute a bond in favor of the City of Huntington Beach, Califor- nia, with a surety company licensed to do business in the State of California, conditioned for the faithful performance of all duties required of him by law in the penal sum of Fifty Thousand ($50,000.00) Dollars. SECTION 3: No one shall be eligible for election to, or to hold, the office of City Treasurer who is not a certified public account- ant, or who has not had at least three (3) years practical exper- ience in accountancy and bookkeeping. SECTION CAR ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that the pro- visions of this ordinance shall not apply to, or affect, the office of the City Treasurer or that of the Deputy City Treasurer during their present term of office. Enacted December 22, 1939. ORDINANCE NO. 432 241 ! ORDINANCE NO. 432 AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BICYCLES BY THE OWNERS THEREOF, AND FOR THE PREVENTION OF THEFT OF THE SAME, AND FOR THE DETECTION AND IDENTIFICATION OF LOST OR STOLEN BICYCLES AND FOR THE OPERATION THEREOF UPON ANY STREET OR PUBLIC HIGKWAY OF THE CITY OF HUNTINGTON BEACH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. —O— The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: The word "person" shall mean and include both the singular and plural, and shall also mean and include person, in- dividual, firm, corporation, copartnership, association, club, society or any other organization. Section 2: That each and every owner or person in charge or control of a bicycle or bicycles, excepting dealers thereof, within the corporate limits of the City of Huntington Beach, County of Orange, State of California, shall within thirty (30) days from and after the passage of this ordinance, register said bicycle with the City Clerk of the City of Huntington Beach. Said applicant shall state the name and address of the owner or person in charge or control of such bicycle or bicycles, the make and kind of bi- cycle, the factory number thereof, the name of the person, firm, corporation or association from whom the same was purchased, and such other description and information relative thereto as may, in the judgment of the City Clerk of the City of Huntington Beach be necessary and proper for the identification thereof; thereupon the City Clerk of the City of Huntington Beach shall upon the payment of a fee of twenty-five (25c) cents by said ap- plicant for the use and benefit of the City of Huntington Beach, issue to such applicant an identification metal tag having thereon, in raised figures and letters "H. B. P. D.", the year, and a serial number, which tag shall be immediately placed and securely at- tached by such owner or person in charge or control of such bi- cycle or bicycles upon the frame of such bicycle, and at or just below the handle bars thereof, so that the same may be plainly seen, and which metal tag shall at all times during the current year remain on said bicycle and not be removed there- from. .� Said City Clerk of the City of Huntington Beach shall at the same time give to said person in charge or control of such bicy- cle or bicycles an identification card, said card to be carried at all times by the person in charge thereof, when said bicycle is in 242 ORDINANCE NO. 432 use, having upon it the identification number assigned to the own- er of such bicycle registered, also stating the name and address of the owner, and a brief description of such bicycle. Section 3: On and after the 1st day of February, 1940, the annual registration of bicycles as herein provided shall begin with the first day of January of, each year and end with the 31st day of December of each year, and the registration of each and every bicycle owned and used within the corporate limits of the City of Huntington Beach shall be accomplished each year in the manner provided in Section 2 hereof. Section 4: The City Clerk of the City of Huntington Beach shall be and he is hereby required to carefully file and preserve said application set out in Section 2 hereof, and to keep a register of all bicycles for which said metal identification tags and cards are issued, which register shall contain the name of the owner or person in charge or control of such bicycle or bicycles, the make and fac- tory number of the bicycle, and the number of the identification tag, and such other memoranda as may be in the discretion of the City Clerk of the City of Huntington Beach necessary and proper for the carrying out of the purpose of this ordinance and the proper identification of such bicycles. Section 5: Whenever any person sells, trades or transfers any registered bicycle, he shall endorse upon the identification card a written transfer of the same, naming the person and the address to whom the same is transferred, and such transferee shall imme- diately notify the City Clerk of the City of Huntington Beach of such transfer to him, and said City Clerk shall, upon the pay- ment to him of the fee of twenty-five (25c) cents, issue a new identification card in the name of such transferee, which identifi- cation card shall bear the original number of the metal identifica- tion tag and the number of the original card, and shall enter upon the register provided for in Section 4 hereof the name and address of the transferee and purchaser thereof. Section 6: In the event the said metal identification tag or identification card provided for by this ordinance be lost or stolen from such bicycle, the owner or person in charge of such bicycle shall immediately notify the City Clerk of the City of Huntington Beach of the loss of the same, and the said City Clerk shall, when such owner or person in charge, or control, of such bicycle makes proper affidavit of the loss of said metal tag or said identification card, stating the facts of said loss as nearly as possible, issue to said owner or person in charge of such bicycle, upon the payment to said City Clerk for the use and benefit of the City of Huntington Beach, a fee of twenty-five (25c) cents, a new identification tag or card, or both, as the case may be. Section 7: It is expressly declared to be the duty of each and every owner or person in charge or control of any bicycle to inune- diately notify the Police Department of the City of Huntington Beach of the loss by theft or otherwise of any such registered ORDINANCE NO. 432 243 bicycle, and the City Clerk of the City of Huntington Beach shall allow to the Police Department full and complete access to all records he may have for the identification and registraton of bi- cycles within said City of Huntington Beach. Section 8: It shall be the duty of every person, firm or cor- poration dealing in bicycles in the City of Huntington Beach, County of Orange, State of California, either as a business or as an occasional buyer and seller of the same, to keep at the place of business a record of all bicycles bought, sold or rented by him, giving an accurate description of such bicycles, and from whom received, together with his address, the factory number of the bicycle, and the serial number thereof, if any, also to whom sold or rented, giving their names and addresses and the number of the identification tag and identification card, if any, together with the date of such transaction; this record to be kept in a plain and legible handwriting in a well-bound uniform book, which shall at all times be open to the inspection of the Police Depart- ment of the City of Huntington Beach. Section 9: It is hereby declared unlawful, after thirty (30) days after the passage and adoption of this ordinance, for any per- son, acting either for himself or any other person, to change the factory or serial number on any bicycle, or to remove or to permit the removal of the identification metal tag from same, or to use any bicycle upon the streets, alleys, courts or public places of the City of Huntington Beach without the same being registered as herein provided in Section 2 and having had issued to him and placed upon the bicycle the metal identification tag of t!le current year, or to use any bicycle without the said metal identi- fication card of the current year being displayed thereon, in the place provided for in Section 2 hereof, or to fail or refuse to make said application and register the same. Section 10: It shall be unlawful for any person to operate, drive or ride any bicycle upon the streets or public highway of the City of Huntington Beach between the hours commencing one-half hour after sunset and ending one-half hour before sun- rise, without a lighted light on the front of said bicycle capable of being observed at a reasonable distance from said bicycle, and also a red reflector tail light on the rear thereof capable of being observed at a reasonable distance from said bicycle. Section 11: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clause or phrases be declared invalid or unconstitutional. Section 12: Any person violating any of the provisions of this ORDINANCE NO. 433 245 ORDINANCE NO. 433 - --C— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 425, ENTITLED "AN ORDIN- ANCE PROVIDING A SYSTEM FOR THE RAISING OF REV- ENUE BY TAXATION FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA", AND REPEALING ORDINANCE NO. 424 AND ORDINANCE NO. 150. The.City Council of the City of, Huntington Beach, California, do ordain as follows: Section 1: That Section 1 of Ordinance No. 425, entitled An Ordinance providing for a system for the raising of revenue by taxation for the City of Huntington Beach, California," is hereby amended to read as follows: "Section 1: This Ordinance establishes the law of this city re- specting the subject to which it relates." Section 2: That a new section is hereby added to said Ordin- ance No. 425, the same to be known as Section 42, the same to read as follows: "Section 42: That all assessments, reports, statements and other records in the City Collector's and City Assessor's office shall be public records unless herein otherwise expressly, provided." Section 3. That-Section 907 of said Ordinance No. 425 entitled "An Ordinance providing a system for the raising of revenue by taxation for the City of Huntington Beach, California," is hereby amended to read as follows: "Section 907: Immediately after the publication, the city col- lector shall file with the city clerk a copy of the publication and an affixed affidavit. The affidavit shall show: (a) That it is affixed to a true copy of the publication. (b) The manner of publication. (c) Date of first publication and each publication thereafter. This affidavit is prima facie evidence of the fact stated. Section 4: That Section 908 of said Ordinance No. 425 entitled "An Ordinance providing a system for the raising of revenue by taxation for the City of Huntington Beach, California," is hereby amended to read as follows: "Section 908: Within five days after first publication of the notice of sale of tax sold property and at least 21 days before the date of sale, when tax sold property is to be sold at public auction, the collector shall mail to the last assessee either a copy of the pub- 246 ORDINANCE NO. 433 lication or a notice of sale." Section 5: That Section 1076 of said Ordinance 425 shall be amended so as to read as follows: "Section 1076: That if any other taxing; agency has a tax lien on, or tax title to, tax deeded property, the city collector, with approval of the City Council, may join with other taxing agencies in selling the tax deeded property in order to give the purchaser the rights of the other taxing agencies as well as the city's title, provided, however, that in the event the Board of Supervisors of the County of Orange, California, authorizes the sale of tax deed property pursuant to Chapter 529, Statutes 1939 of the State of California, the City Council may consent to said sale by resolution and in the event the county tax collector sells said property pursuant to said consent and authori- zation by the State Controller, as provided by law, said sale shall be good and valid and of the same force and effect as if sold by the City; and the City Collector is hereby directed to prepare and present a demand for any monies due the city pursuant to said statute." Section 6: That a new Chapter, to be known as Chapter III is hereby added to Division VI of said Ordinance No. 425 entitled, "An Ordinance providing a system for the raising of revenue by tax- ation for the City of Huntington Beach, California," and to be in- serted therein immediately following the provisions of Chapter 2 of said Division VI, as follows: Chapter 3. Postponement of Redemption. Section 1251: Definition—"Taxes". "Taxes" as used in this Ordinance, includes all taxes and assessments and annual install- ments charged on the tax roll. Section 1252: In all cases where real estate has been sold to the City of Huntington Beach on or before July 6, 1938, for delinquent taxes and the City has not disposed of the same, the person whose estate has been sold, his heirs, executors, administrators, or other successors in interest, may, on or before the 20th day of April, 1941, redeem such property by paying the amount of unpaid taxes, as defined herein, with interest on the whole amount of unpaid taxes at the rate of seven (7) per cent per annum computed beginning the 1st day of July, 1936, to the time of such redemption. No other interest, costs, penalties for delinquency, or redemp- tion penalties accruing before April 20, 1941, need be paid on such redemption. Section 1253: In all cases where real estate has been sold to the City on or before July 6, 1938, for delinquent taxes, and the City has not disposed of the same, the person whose estate has been sold, his heirs, executors, administrators, or other successors in in- terest, may, on or before April 20, 1941, elect to pay said delinquent taxes in installments. During the time such installments are paid as prescribed herein, together with current City and County taxes, the period of redemp- ORDINANCE NO. 433 247 tion of such real estate is extended, and there shall be no sale of the property at auction before deed to the city, nor a deed to the City, nor, if already deeded to the City, a resale to the State. Such payments in installments shall be made as follows: (a) The first payment shall consist of ten (10%) per cent, or more, of the amount of unpaid taxes, plus interest on the whole amount of unpaid taxes, at seven (7%) per cent per annum beginning July 1, 1936, to date of such payment. Before such first payment is made there must be paid the amount of taxes, penalties and costs due and payable for the fiscal year in which such payment is made. (b) Further payments shall be made not later than April 20, in each succeeding fiscal year and each payment shall consist of ten (10%) per cent, or more, of the whole amount of unpaid taxes, plus interest at seven per cent per annum from the date of the pre- ceding payment'on the balance of the amount of unpaid taxes re- ' maining unpaid after the previous payment. In the event of failure to make any of the payments on or before the dates prescribed, such property is thereupon subject to sale at auction or may be deeded to the City or resold by the City, in the same manner as if no election to pay delinquent taxes in install- ments has been made. No such payment, nor all of them, is a redemption of the real estate nor affects the right, title,, or interest of the City, but is com- pensation for the use of the real estate. Upon complying with sub- division 'a' of this section, possession of the property by the City shall cease and determine until such time as there may be a de- fault under the terms of this section. If each installment is paid as pre- scribed and if redemption of the property is made on or before the 20th day of April, 1950, the amounts previously paid and credited are a credit on the amount to be paid for such redemption. If all installments are paid as prescribed and the property is redeemed on or before the twentieth day of April, 1950, the amount necessary to redeem the property is the sum of the following amounts, unless under some other method of redemption, a redemption may be made for a lesser amount: (a) The amount of unpaid taxes, with interest thereon equal to the amount of interest included in all installment payments pre- viously made or credited. (b) Interest equal to the amount of interest due at the time of such redemption on the remainder, if any, of the amount of unpaid taxes payable in installments under this section. Section 7: That Ordinance No. 424 entitled "An Ordinance of the City Council of the City of Huntington Beach, California, de- fining and declaring an emergency to exist and providing for the payment of taxes with interest in lieu of penalties, and the payment thereof in installments" together with all other Ordinances and parts of Ordinances in conflict herewith, be and the same are here- 248 ORDINANCE NO. 433 by repealed; provided, however, that said repeal shall not affect, prevent, or be a bar to the collection of any tax, assessment, or payment or penalty due thereunder, but for the purpose of such collection the said Ordinance shall remain in full force and effect. Section 8: That Ordinance No. 150 entitled "An Ordinance of the City of Huntington Beach providing for the assessment and collection of City taxes" together with all Ordinances and parts of ordinances in conflict herewith, be and the same are hereby re- pealed; provided, however, that said repeal shall not affect, pre- vent, or be a bar to the collection of any tax, assessment, or pay- ment or penalty due thereunder, but for the purpose of such collec- tion the said Ordinance shall remain in full force and effect. Enacted January 22, 1940. ORDINANCE NO. 434 249 ORDINANCE NO. 434 --4-- AN ORDINANCE FIXING AND REGULATING THE COMPENSA- TION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach, County of Orange, State of California, does ordain as follows: Section 1: The various city officers of the City of Huntington Beach, California, shall have deputies, assistants, clerks, stenaaraph- ers, attaches and other employees to be appointed as in this Ordin- ance set forth and provided. Section 2: All deputies, clerks, attaches and other persons to be employed from time to time in the various offices and depart- ments in the city shall exercise such powers and perform such duties as may be prescribed and required by his or her respective prin- cipals in office. Section 3: The compensation of officers, deputies, assistants, clerks, attaches and other persons to be employed from time to time in the several offices of the city, and all such other persons as may be employed by the City Council, is fixed, prescribed and regulated as hereinafter in this Ordinance set forth and provided, and said compensation shall be full compensation for the services required of them by law or by virtue of their offices. Section 4: Every city officer immediately upon entering upon his term of office and from time to time thereafter whenever a vacan- cy shall exist, shall appoint all deputies, assistants, clerks, attaches and other persons employed or serving in his office or under such of- ficer, and may remove any such person so appointed by him at any time subject to the approval of the City Council except as otherwise provided in the City Charter; provided, that the number and compen- sation of such persons shall be prescribed by the City Council from time to time, and provided further, that the appointment of any deputy must be made in writing and filed in the office of the City Clerk. Section 5: The compensation of officers, deputies, assistants, clerks, attaches and other persons to be employed by the City of Huntington Beach, is based upon the classification of City employees, and the salary schedule adopted, or to be adopted, by the City Council of said City. Said classifications are divided into not more than four brackets, as follows: A, B, C and D and the said salary schedule for each bracket and the classification of said brackets are provided for, or are to be provided for, in the salary schedule or classification now adopted or to be hereafter adopted by the said City Council; and the salaries and compensation herein provided for have been determined by the City Council as the salaries and com- pensation such officers, deputies, assistants, clerks, attaches and em- 250 ORDINANCE NO. 434 ployees shall receive upon the taking effect of this Ordinance; pro- vided, whenever a department head wishes to increase the number of employees in his department or increase or decrease the com- pensation of an employee, said department head shall make his re- quest to the City Council and receive their approval before making such change in compensation. Whenever an officer, deputy, assistant, clerk, attache, or other employee shall be advanced to a higher or more responsible position in said office, the salary classification adopted by the City Council shall automatically apply and such officer, deputy, assistant, clerk, attache, or other employee shall receive the salary specified for such position without the necessity for an amendment of this Ordinance. The promotion or demotion of any employee from one classification to another shall require the approval of the City Council. Should any officer or employee be absent from the office in which he or she is employed for more than seven days on account of sick- ness or otherwise except on vacation during any fiscal year then there shall be a deduction made from the compensation for each and every day absent over said seven days, in proportion to his or her monthly compensation. Section 6: CITY CLERK — The City Clerk who shall have custodial supervision of the Municpal Auditorium, the City Hall and the Municipal Pavilion, and ex-officio assessor, and ex-officio audit- or, shall receive a salary of $125.00 per month, provided that there shall be and there is hereby allowed to the City Clerk one chief deputy, to be also ex-officio deputy assessor, who shall receive a salary of $160.00 per month, two deputy clerks who shall receive a salary of $120.00 per month each, one janitor who shall receive a salary of $130.00 per month and one gardener who shall receive $140.00 per month. In addition the clerk shall be allowed not more than three pavilion doormen, one pavilion cashier, one floorman and one checkroom attendant during such time as said additional em- ployees may be required for pavilion duty. Section 7: CONTROLLER — The City Controller shall receive a salary of $150.00 per month. Section 8: ASSESSOR — The City Clerk shall be ex-officio assessor, and he is hereby allowed one deputy assessor. The deputy assessor shall receive the sum of $4.00 per day for such time as is actually employed in the performance of the duties of that office. Section 9: JUDGE — The City Judge shall perform such duties as are required by the City Charter and he shall receive a salary of $75:00 per month. Section 10: ATTORNEY — The City Attorney shall perform such duties as are required by the City Charter and he shall receive a salary of $150.00 per month. In addition to said salary the City Attorney shall receive an additional sum of $75.00 per month for stenographic and clerical assistance or such additional fees or com- ORDINANCE.NO_4W 251 pensation as,are provided for in the City Charter. Section 11: ,TREASURER — The City Treasurer shall receive a salary of $175.00 per month. The City Treasurer shall be allowed one deputy treasurer without pay, it being further provided that the City Treasurer may appoint the,City Clerk, Chief Deputy City Clerk or.deputy clerk, with the consent of the City Clerk, as such deputy Treasurer, such appointment subject to the approval of'the City Council. / 4 Zc " ; �J Section"12: POLICE DEPARTMENT—The Chief of Police shall be e- e t ator,,and-he shaUXreceive-a-salary-of-$220:00-per mont ailed-that-ther-e-shall.be/ and there is hereby allowed to the Chief Police one Assistant/Chief of Police who-shall.xeceive a_ &41-80 00_per ... month, five,pa trolmen whorshaU—receive--a salary of $160.00_per month_eacY,,two motor officers who-shall-re- ceive-a-salary-6f-$175:00-per-mont4 each, one police clerk who-shall- receive-a-salary-of$140.00.-per-month In-addition•a police matron shall be employed by the Chief of Police at such times as the duties------ of his office may require, such police matron to receive as compen- sation the sum of $-2 50 per call, provided that the time actually em- ployed on such call does not exceed five hours, and in the event her service is required on any single cal in excess of five hours she shall receive in addition the sum of0 cents per hour for such ex- cessive time. With the approval of the City Council, the Chief of Police may appoint two crossing ,guards 1whoashal1=4eceive a"'�sa"lary oL$1.25:00-per month. The Chief of Police may appoint such special officers, not to exceed 'fifteen, on holidays, for celebrations and for ,emergericies, subject to the approval of the City Council. ��,��/` � � rs 0A S ton 13: COLLECTOR —The Collector•may appoint the City,, Clerk and any' or all of is deputies fr any deputy assessor. as U ( deputy .collector, with :the consent of the City Clerk, subject, how- ever, to the approval of the.City Counci i f �--• �2 _. Section 14: ENGINEERING — The City Engineer shall be ex- officio Building. Inspector, Street Superintendent, Director of, Parks and' Plumbing and Electrical Inspector and Pier Superintendent., He shall receive a salary of $230.00 per month provided that he may be allowed one chief Assistant Engineer, who shall receive a-`salary of $135.00 per month, one street foreman who shall' receive a salary of $,175.00 per month, one clerk who shall receive a salary of $75.00 per month, one building superintendent who shall receive a salary of $50.00 per month, one sewage disposal plant operator..who shall receive a salary of $155.00 per month, one janitor who shall receive a salary of'$135.00 per month, one wharfinger who shall receive .a' salary of. $135.00 per. month, one janitress who •shall receive a, salary of $75.00 per month, one chief mechanic who shall receive a salary of $150.00 per month, one electrical maintenance man who shall receive a salary-'of-$165.00 per month, one painter•who shall 1 receive a-salary of $135.00 per month, one sign painter.who shall receive a' salary, of $160.00 per month, one sweeper operator who shall receive a salary of$150.00 per month, one motor grader operator who shall'receive a salary of $160.00 per month, one tractor operator 252 ORDINANCE NO. 434 who shall receive a salary of $140.00 per month, one utility man who shall receive a salary of $145.00 per month, nine laborers who shall receive a salary of $135.00 per month each, one part time laborer who shall receive a salary of 65 cents per hour while actually em- ployed. Section 15: FIRE DEPARTMENT — The Fire Chief, who shall be ex-officio Fire Marshall with police power, shall receive a salary of $210.00 per month, provided that he shall be allowed two engi- neers who shall receive a salary of $160.00 per month each, and two engineers who shall receive a salary of $155.00 per month each, and one mechanic who shall receive a salary of $160.00 per month, pro- vided that the Fire Chief may appoint, by and with the consent of the City Council, not to exceed 25 "Call-Firemen" who shall be subject to call by the Fire Chief for duty during any emergency, fire or fire drill. Said Call-Firemen shall receive the following compensation: A. For services performed at the place of the emergency or fire each Call-Fireman shall receive Five ($5.00) Dollars per call; provided that the time actually employed on such call does not exceed three hours and, in the event such services are required on any single call in excess of three hours, each man shall receive $1.00 per hour for such excessive time. B. For services performed at the Fire Station each man shall receive Three ($3.00) Dollars per call; provided that the time actually employed on such call does not exceed three hours and, in the event such services are required on any single call in excess of three hours, each man shall receive One ($1.00) Dollar per hour for such excessive time. C. For services during any fire-drill, each Call-Fireman shall receive Two ($2.00) Dollars; provided that such drills shall be held at such times and places as is decided upon by the Fire Chief, subject to the approval of the City Council, and provided further that there shall not be in excess of three drills per month. Section 16: LIFE GUARD DEPARTMENT — There is hereby created a life guard department, consisting of a Chief Life Guard who shall receive a salary of $145.00 per month, one Lieutenant Life Guard who shall receive a salary of $135.00 per month, four life guards who shall receive a salary of $125.00 per month each, to serve during the pleasure of the City Council and to be employed during such period of emergency as may be determined and pre- scribed by resolution of the City Council. It is further provided that in the event of any great emergency arising at such time that the services of one or more life guards would be required and it not be practicable to secure the approval of the City Council, the Chief Life Guard, with the consent of the Mayor or any two members of the City Council, may employ not more than ten life guards for service during said emergency at the compensation of $4.00 per day for each such life guard so employed. It is further provided that no person shall serve as a life guard who has not passed a qualifying ex- ORDINANCE NO. 434 253 amination prepared by the Chief Life Guard and approved by the City Council. Section 17: It is the intention of the City Council, and the City Council does hereby designate the present employees, and officers, as such employees and officers, and that each of them be transferred to the classfication corresponding to their present salary or com- pensation unless changed by ordinance or resolution. Section 18: Nothing in this Ordinance shall be construed to increase the present number of employees, assistants, or deputies in the various departments, and any such increase shall be made in accordance with the provisions of the Charter and this Ordinance. However, it is the intention to create each and every office, employee, assistant, clerk and assistant named in this Ordinance and the classi- fication herein, and the number of each such employee is deemed to be one, unless otherwise designated, and in the event more than one is designated, the maximum created hereby and to be employed from time to time, by and with the approval of the City Council, is the number preceding the position named. Section 19: The following shall be classification and rate of salary or compensation of the several employees and officers of the City of Huntington Beach, California: Aj d b?46o CITY CLERK'S DEPARTMENT Rate of Pay Title of Position A B C D City Clerk $125.00 $125.00 $125.00 Chief Deputy Clerk 145.00 160.00 175.00 3 Deputy Clerks 120.00 130.00 150.00 2 Janitors 130.00 140.00 150.00 Gardener 130.00 140.00 150.00 CONTROLLER Controller $150.00 $150.00 $150.00 TREASURER Treasurer $175.00 $175.00 $175.00 ATTORNEY Attorney $150.00 $150.00 $150.00 JUDGE Judge $75.00 $75.00 $75.00 ASSESSOR 2 Deputy Assessors (per day) $4.00 $5.00 $6.00 POLICE DEPARTMENT Chief of Police $220.00 $220.00 $220.00 `r \ Assistant Chief of Police 180.00 185.00 190.00 10 Patrolmen 135.00 145.00 160.00 175.00 2 Motor Officers 150.00 160.00 175.00 Police Clerk 125.00 135.00 140.00 150.00 1 254 ORDINANCE NO.'434 9 2 Relief Patrolmen �135.00 145.00 155.00 -• 5 Crossing Guards 125.00 Police Matron 2.50 per call not to exceed five hours, 50 cents per hour there- after. 15 Special Officers $5.00 per day $6.00 per day If employed for less than one day to be paid at the rate of 75 cents per hour for time actually em- ployed. FIRE DEPARTMENT Chief $200.00 $210:00 $225.00 2 Mechanics 160.00 165.00 175.00 7 Engineers 135.00 145.00 155.00 160.00 Relief Engineer 135.00 145.00 155.00 160.00 LIFE GUARD DEPARTMENT Chief Life Guard $145.00 $150.00 $160.00 Lieutenant Life Guard 135.00 145.00 155.00 8 Life Guards 115.00 125.00. 135.00 10 Extra Life Guards 4.00 per day TRAILER PARK J Caretaker $135.00 $145.00 $155.00 . 6 Assistants 100.00 110.00 120.00 Office Clerk 75.00 85.00 95.00 PAVILION Janitor $130.00 145.00 .$155.00 Floormen Per hr. .50 .75 .75 Cashier Per hr. .75 .75 .75 Check room attendant Per hr. .75 .75 .75 3 Doormen Per hr. .50 .50 .50 'ENGINEERING SERVICE City Engineer $230.00 $250.00 $275.00 Principal Assistant Eng. 135.00 150.00 175.00 , Office Clerk 75.00 90.00 120.00 Building Supervisor 50.00- 75.00 100.00 Electrical Maintenance Man 150.00 165.00 175.00 ' 2 Apprentice Electricians 75.00 100.00 125.00 Street Foreman 150.00 175.00 200.00 3 Tractor Drivers 135.00 140.00 145.00 2 Motor Grader Operators 140.00 150.00 160.00 Park Superintendent 155.00 165.00 175.00 Sewage ant Operator 155.00 165.00 175.00 6 GardenePlrs 100.00 125.00 140.00 2 Painters - 135.00 145.00 150.00 Sign Painter 135.00 150.00' 160.00 170.00 / Chief Auto Mechanic 150.00 160.00 175.00 3 Auto Mechanics 100.00 125.00 135.00 150.00 15 Laborers (St. Dept.) 100.00 125.00 135.00 145.00 �� g S__0 I ORDINANCE NO. 434 255 3 Janitors 115.00 125.00 135.00 140.00 2 Janitresses 60.00 75.00 85.00 90.00 2 Sweeper Operators 140.00 150.00 160.00 2 Utility men $145.00 $150.00 $160.00 Wharfinger 125.00 135.00 140.00 145.00 Per hr. Per hr. Per hr. Per hr. 50 Part time laborers .50 .62% .65 .75 2 Draughtsmen .62Y2 .75 1.00 2 Instrument men .62% .75 1.00 2 Rodmen .50 .62% .75 4 chain men .50 .62% .62% 4 Inspectors .75 1.00 1.10 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in accord- ance .with the provisions of the Charter. 1 Section 20: That the several officers hereinafter named must, before entering upon the discharge of the duties of their respective offices, each execute a bond in favor of the City of Huntington Beach with an approved surety company licensed to do business in the State of California, conditioned for the faithful performance of all duties required of them by law in the following penal sums: 1. The City Clerk and ex-officio assessor and auditor in the penal sum of Two Thousand ($2,000.00) Dollars. 2. Chief deputy and deputy City Clerks in the penal sum of One Thousand ($1,000.00) Dollars each. 3. The Chief of Police and ex-officio Collector in the penal sum of Five Thousand ($5,000.00) Dollars. 4. The City Treasurer in the penal sum of Fifty Thousand ($50,- 000.00) Dollars. 5. The City Judge in the penal sum of Two Thousand ($2,000.00) Dollars. 6. The City Attorney in the penal sum of One Thousand ($1,- 000.00) Dollars. 7. The Chief Deputy Collector and each deputy collector in the penal sum of One Thousand ($1,000.00) Dollars each. 8. The City Engineer in the penal sum of One Thousand ($1,- 000.00) Dollars. 9. The Engineer's clerk in the penal sum of One Thousand ($1,000.00) Dollars. 10. The Pavilion Cashier and the Pavilion Floorman in the penal sum of One Thousand ($1,000.00) Dollars each. 11. The City Controller in the penal sum of One Thousand ($1,000.00) Dollars. '� I�Enacted February 15, 1940�, ORDINANCE NO. 435 257 40 ORDINANCE NO. 435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN- TINGTON BEACH, CALIFORNIA, REPEALING ORDINANCES NUMBERED 5, 17, 54, 68, 70, 114, 126, 130, 159, 179, 188, 217, 293, 300 and 362. —O— The City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: That Ordinance No. 5�n as amended, entitled, "An Ordinance establishing rules to govern the order and proceedings of the Board of Trustees of the City of Huntington Beach." is hereby repealed. Section 2: That Ordinance No. 17 entitled, "An Ordinance pro- viding for the sanitary conditions an-cT-public health of the City of Huntington Beach, and repealing all ordinances in conflict there- with.", is hereby repealed. Section 3: That Ordinance No. 5544 entitled, "An Ordinance creating a department of oil inspection in the City of Huntington Beach, and defining its duties.", is hereby repealed. r Section 4: That Ordinance No. 68 entitled, "An Ordinance reg- ulating the construction of buildings, creating fire districts, and pro- viding for the prevention of fires and the maintenance of a fire department in the City of Huntington Beach, California.", is hereby repealed. Section 5: That Ordinance No. 70 entitled, "An Ordinance regulating the speed of vehicles on the-streets of the City of Hun- tington Beach.", is hereby repealed. Section 6: That Ordinance No. 114 entitled, "An Ordinance providing for the use of mufflers on motor vehicles and motorcycles in the City of Huntington Beach, California, and prescribing a penalty for the failure to use such muffler.", is hereby repealed. Section 7: That Ordinance No. 126 entitled, "An Ordinance of the City of Huntington Beach, California, for the sale of berries and providing a penalty for the violation thereof.", is hereby repealed. Section 8: That Ordinance No. 130 entitled, "An Ordinance establishing rules for the control of the Municipal Pier and concern- ing the management of said Pier.", is hereby repealed. Section 9: That Ordinance No. 159 entitled, "An Ordinance regulating traffic of public streets in the City of Huntington Beach, California.", is hereby repealed. Section 10: That Ordinance No. 179 entitled, "An Ordinance of the City of Huntington Beach, California, requiring vendors of Ice and other Commodities, to have scales tested by the County 258 ORDINANCE NO. 435 Sealer of Weights and Measures and fixing a penalty for violation thereof.", is hereby repealed. Section 11: That/Ordinance No. 188 entitled, "An Ordinance regulating the sale of bread in Huntington Beach and establishing the standard of weights thereof.", is hereby repealed. Section 12: That Ordinance No. 217 entitled, "An Ordinance of the City of Huntington Beach regulating traffic and travel in the air.", is hereby repealed. Section 13: That Ordinance No. 293 entitled, "An Ordinance of the City of Huntington Beach regulating the house moving busi- ness in said City, fixing the license fee of said business, requiring a permit to conduct the same and for revenue.", is hereby repealed. Section 14: That Ordinance No. 300 entitled, "An Ordinance of the City of Huntington Beach creating a new office to be known as "Weigh Master" for the City of Huntington Beach, prescribing the duties and compensation of such officer, the term of office and manner of appointment.", is hereby repealed. Section 15: That Ordinance No. 362 entitled, "An Ordinance of the City of Huntington Beach defining intoxicating liquors and prohibiting the sale, manufacture, transportation andlor possession of intoxicating liquors, defining alcoholic beverages and regulating the selling and dispensing of the same and designating license fees to be charged therefor, and providing penalties for the violation hereof.", is hereby repealed. Enacted January 22, 1940. ORDINANCE NO. 436 259 ORDINANCE NO. 436 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, AMENDING ORDINANCE NO. 322 OF SAID CITY, ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AND REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF HUNTINGTON BEACH AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH", AS AMENDED. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 23 of Ordinance No. 322, as amended, be and the same is hereby amended so as to read as follows: Section 23: The following street intersections in the City of Huntington Beach are hereby designated as "STOP" intersections: 1. Main street and Walnut Avenue. 2. Main Street and Olive Avenue. 3. Main Street and Magnolia Avenue. 4. Main Street and Fifth Street and Frankfort Street Extension. 5. Main Street and Seventeenth Street. 6. Lake Street and Frankfort Street Extension. 7. Alabama Avenue and Frankfort Street Extension. 8. Seventeenth Street and Orange Avenue. 9. Delaware Avenue and Indianapolis Street. 10. Delaware Avenue and Frankfort Street. All vehicles entering or crossing said intersections are hereby required to stop at the following entrances thereof, provided said entrances are clearly marked or sign-posted as required by the Ve- hicle Code of the State of California: 1. Main Street and Walnut Avenue: All vehicles entering or crossing said intersection from Walnut Avenue are required to stop at the entrance thereof. 2. Main Street and Olive Avenue: All vehicles entering or cross- ing said intersection from Olive Avenue are required to stop at the entrance thereof. 3. Main Street and Magnolia Avenue: All vehicles entering or crossing said intersection from Magnolia Avenue are required to stop at the entrance thereof. 4. Main Street and Fifth Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Fifth Street or l from Frankfort Street Extension are required to stop at the entrance thereof. 5. Main Street and Seventeenth Street: All vehicles entering or 260 ORDINANCE NO. 436 crossing said intersection from Seventeenth Street are required to stop at the entrance thereof. 6. Lake Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Lake Street are required to stop at the entrance thereof. 7. Alabama Avenue and Frankfort Street Extension: All vehi- cles entering or crossing said intersection from Alabama Avenue are required to stop at the entrance thereof. 8. Seventeenth Street and Orange Avenue: All vehicles enter- ing or crossing said intersection from Orange Avenue are required to stop at the entrance thereof. 9. Delaware Avenue and Indianapolis Street: All vehicles en- tering or crossing said intersection from Indianapolis Street are re- quired to stop at the entrance thereof. 10. Delaware Avenue and Frankfort Street: All vehicles en- tering or crossing said intersection either from Delaware Avenue or from Frankfort Street are hereby required to stop at the entrance thereof. The Chief of Police is hereby authorized and directed to place and maintain a "STOP" sign at or near the entrance of the intersec- tion where said stop is required. Said "STOP" sign shall comply with the provisions of said Vehicle Code of the State of California. Enacted June 3, 1940. ORDINANCE NO. 437 261 ORDINANCE NO. 437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN- TINGTON BEACH, CALIFORNIA, CREATING A MAJOR DIS- ASTER EMERGENCY COUNCIL AND AN ADVISORY COUNCIL FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: For the purpose of creating a coordinating oraniza- tion and to be prepared to meet the needs of citizens of the City of Huntington Beach in the event of some major, physical disaster or catastrophe overtaking the community, this ordinance is enacted. 0 Section 2: The term "disaster" as used in this ordinance shall mean floods, fires, earthquakes, pestilence, tornadoes, and other acts of God, which threaten to cause extraordinary loss of life or destruc- tion of prcperty, and shall not include domestic disturbances, strikes or labor difficulties. In such occurrences the responsibility devolves upon the regularly constituted law enforcement authorities for the maintenance of public peace and order. Authority is hereby denied the Major Disaster Emergency Council to act in these matters, which are not considered acts of God. Section 3: There is hereby created, under the supervision and control of the City Council, a Major Disaster Emergency Council, which shall consist of the heads of all the Departments of the City Government and the members of the City Council. The Mayor shall be the Chairman of the Emergency Council. The Major Disaster Emergency Council shall formulate plans to: (a). Coordinate all resources of the City of Huntintgon Beach and the various citizens of said City, together with the resources of the various corporations, business houses and associations doing business.in the City of Huntington Beach. (b). Secure by means of mutual cooperation and effort an ef- fective and efficient method of utilizing all available resources and materials for relief of and the general welfare of the people of the City of Huntington Beach in the event of some major disaster. The plan so formulated shall conform in all respects to the laws to which the City of Huntington Beach and its officers are subject. Section 4: There is hereby created an Advisory Council to which the following organizations shall be invited to nominate representa- tives, which Council shall consist of representatives of the American Red Cross, American Legion, Boy Scouts of America, the several local and regional Major Disaster Councils, labor and civil organiza- tions, public service and utilities corporations and various business houses, associations, corporations and representative citizens of the City of Huntington Beach. The nomination of members of such Council shall be confirmed by the City Council to serve during the pleasure of said City Council. The Advisory Council shall act in an advisory capacity to the Major Disaster Emergency Council. Section 5: Nothing contained in this ordinance shall be con- 262 ORDINANCE NO. 437 strued as giving the Major Disaster Emergency Council or the Ad- visory Council any power to control or direct the operation or func- tioning of any officer or department of the City, or to incur any liability of any kind on behalf of the City or any officer or depart- ment thereof, and;or any organization or member of the Advisory Council; and nothing contained in this ordinance shall be construed as compelling any person to submit to medical or surgical treatment without his consent. Section 6: Because of its established national and local program the American Red Cross is recognized as the official agency for the collection and distribution of relief funds, materials and services. ApWoval and adoption of this ordinance shall in no way be con- strued as limiting or modifying in any way 1. The Disaster Relief responsibility of the American Red Cross as imposed by the charter given to it by the Congress of the United States in 1905; 2. The complete freedom of action in the policies or procedures of the American Red Cross in Disaster Relief as they have been or shall be promulgated by the Central Committee or responsible of- ficers of that organization. Section 7: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases thereof be declared unconstitutional or invalid. Section 8: The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in the Huntington Beach News, a newspaper of general circulation printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after its passage and adoption this Ordinance shall be in full force and effect. Enacted July 29, 1940. ORDINANCE NO. 438 263 ORDINANCE NO. 438 . AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, AMENDING ORDINANCE NO. 322. OF SAID CITY, ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AND REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF HUNTINGTON BEACH AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH," AS AMENDED. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 23 of Ordinance No. 322, as amended, be and the same is hereby amended so as to read as follows: Section 23: The following street intersections in the City of Hun- tington Beach are hereby designated as "STOP" intersections: 1. Main Street and Walnut Avenue. 2. Main Street and Olive Avenue. 3. Main Street and Magnolia Avenue. 4. Main Street and Fifth Street and Frankfort Street Extension. 5. Main Street and Seventeenth Street. 6. Lake Street and Frankfort Street Extension. 7. Alabama Avenue and Frankfort Street Extension. 8. Seventeenth Street and Orange Avenue. 9. Delaware Avenue and Indianapolis Street. 10. Delaware Avenue and Frankfort Street. 11. Main Street and Crest Avenue. All vehicles entering or crossing said intersections are hereby required to stop at the following entrances thereof, provided said entrances are clearly marked or sign-posted as required by the Vehicle Code of the State of California: 1. Main Street and Walnut Avenue: All vehicles entering or crossing said intersection from Walnut Avenue are required to stop at the entrance thereof. 2. Main Street and Olive Avenue: All vehicles entering or crossing said intersection from Olive Avenue are required to stop at the entrance thereof. 3. Main Street and Magnolia Avenue: All vehicles entering or crossing said intersection from Magnolia Avenue are required to stop at the entrance thereof. 4. Main Street and Fifth Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Fifth Street or from Frankfort Street Extension are required to stop at the entrance thereof. 5. Main Street and Seventeenth Street: All vehicles entering or crossing said intersection from Seventeenth Street are required to stop at the entrance thereof. 6. Lake Street and Frankfort Street Extension: All vehicles entering or crossing said intersection from Lake Street are required 264 ORDINANCE NO. 438 to stop at the entrance thereof. 7. Alabama Avenue and Frankfort Street Extension: All ve- hicles entering or crossing said intersection from Alabama Avenue are required to stop at the entrance thereof. 8. Seventeenth Street and Orange Avenue: All vehicles entering or crossing said intersection from Orange Avenue are re- quired to stop at the entrance thereof. 9. Delaware Avenue and Indianapolis Street: All vehicles entering or crossing said intersection from Indianapolis Street are required to stop at the entrance thereof. 10. Delaware Avenue and Frankfort Street: All vehicles enter- ing or crossing said intersection from Delaware Avenue or from Frankfort Street are hereby required to stop at the entrance thereof. 11. Main Street and Crest Avenue: All vehicles entering or crossing said intersection either from Main Street or from Crest Avenue are hereby required to stop at the entrance thereof. The Chief of Police is hereby authorized and directed to place and maintain a "STOP" sign at or near the entrance of the intersec- tion where said stop is required. Said "STOP" sign shall comply with the provisions of said Vehicle Code of the State of California. Section 2: The City Clerk shall certify to the passage and adop- tion of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. Enacted August 5, 1940. ORDINANCE NO. 440 265 ORDINANCE NO. 440 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, SETTING THE FEE FOR CONNECTING WITH J©LIET STREET SEWER EXTENSION, AND PROVIDING PEN- ALTY FOR VIOLATION-`i(k --0-- The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: It shall be unlawful for any person, firm, or corpora- tion to connect any sewer line to the Joliet Street Sewer Extension until a permit therefor has been issued. Said permit shall be obtained from the Plumbing Inspector of the City of Huntington Beach upon payment of a fee of Fifteen ($15.00) Dollars, which said sum is hereby set as the connection fee for each such connection to said sewer line. Section 2: Every person, firm, or corporation, whether as prin- cipal, agent, servant, employee, or otherwise, violating or failing, neglecting or refusing to comply with the provisions of this Ordin- ance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment; and each person, firm, or corporation so violating this Ordinance shall be deemed guilty of a separate offense for each day during any portion of which the violation, or failure, neglect or refusal to comply with any of the provisions of this Ordinance is committed, continued, or permitted. Enacted September 23, 1940. ORDINANCE NO. 441 267 ORDINANCE NO. 441 —O— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN- TINGTON BEACH, CALIFORNIA, ORDERING THE CLOSING OF PORTONS OF A CERTAIN STREET WITHIN THE CITY OF HUNTNGTON BEACH. WHEREAS, the City Council of the City of Huntington Beach, California, did on the 29th day of July, 1940 duly and regularly pass and adopt Resolution No. 871 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE CLOSING UP OF A PORTION OF A CERTAIN STREET WITHIN SAID CITY", and WHEREAS, the Superintendent of Streets of the City of Hunting- ton Beach did thereafter cause to be posted and published in the manner and form and for the time required by law notices of the passage and adoption of said Resolution No. 871, and WHEREAS, no exceptions or objections to said work or improve- ment have been filed with the Clerk of said City Council, and the time for filing said objections has expired, and WHEREAS, said work is for the closing up of a portion of a cer- tain street and it appears that no assessment is necessary, NOW THEREFORE, the City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That the following described portion of certain streets and highways in said City of Huntington Beach be, and they are, hereby closed up and abandoned as public streets, said certain streets being described as follows: All that certain land situated in the City of Huntington Beach, County of Orange, State of California, described as follows, to-wit: All that portion of Parcel "C", as described in the Decree rendered January 29th, 1926 in the Superior Court of the State of California, in and for the County of Orange, in the Action entitled City of Huntington Beach, a Municipal Cor- poration, Plaintiff, -vs- Pacific Palisades Association, a Cor- poration, Defendant, Case No. 18415. Excepting from said parcel "C" those portions included within the North-westerly 371/2 feet of Blocks Four Hundred Eleven (411) and Five Hundred Eleven (511), the South-easterly 371/2 feet of Blocks Four Hundred Twelve (412) and Five Hundred Twelve (512), the North-easterly 30 feet of Blocks Four Hundred Eleven (411) and Four Hundred Twelve (412) and the South-westerly 30 feet of Blocks Five Hundred Elev- en (511) and Five Hundred Twelve (512), all in "Huntington Beach, Seventeenth St. Section", as shown on a Map recorded in Book 4, page 10 of Miscellaneous Maps, records of Orange County, California. Enacted November 4, 1940. ORDINANCE NO. 443 269 ORDINANCE NO. 443 AN ORDINANCE PROVIDING FOR POSTING PROPERTY USED FOR CERTAIN. PURPOSES, PROHIBITING TRESPASSING UPON, AND LOITERING IN THE IMMEDIATE VICINITY OF SUCH POSTED PROPERTY, AND PROVIDING PENALTY FOR VIOLATION THEREOF. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That the following terms used in this Ordinance, unless the context clearly indicates otherwise, shall have .the re- spective meanings herein set forth, namely: (a) The term "Sign" means a sign affixed not less than three (3) feet, nor. more .than six (6) feet, above the=ground level at the place of posting as specified in this Ordinance, which sign shall consist of wood, metal, or other substantial material, with a face of not less than one (1) square foot in area and upon which in, letters not less than 2 inches in height, either black against a white background or white against a black background, or contrasting colors, in addition to such other information as may be placed thereon, appear the following: "TRESPASSING - LOITERING - FORBID- DEN BY LAW;" (b) The TeTm "Posted Property" means any property specified in Section 2 of this Ordinance which is posted in a manner provided in Section 3 of this Ordinance; (c) The term "Posted Boundary" means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land, but only the area within the "posted boundary" shall constitute "posted prop- erty",except as otherwise provided in Section 3, subsection (e), hereof. Section 2: Any property may be posted against trespassing and loitering in the manner provided in Section 3 hereof and thereby become "posted property" subject to the provisions of this Ordinance applicable to posted property, if such property consist of, or be used, or be designed to be used, for any one or more of the following: (a) An oil well, oil field, tank farm, refinery, compressor plant, absorption plant, bulk plant, marine terminal, pipe line, pipe line 'pumping station, or reservoir, used for the production, extraction, treatment, handling, storage, or transportation of oil, gas, gasoline, petroleum, or any product or products thereof; (b) A gas plant, gas storage station, gas meter or regulator station, gas odorant station, gas pipe line, or appurtenances, or any other property used in the transmission or distribution of gas; (c) A reservoir, dam, generating plant, receiving station, distri- buting station, transformer, transmission line, or any appurtenances, used for the storage of water -for the generation of electricity by water or steam or by any other apparatus or method suitable for the generation of electricity or for the handling, 'transmission, re" ception, or distribution of electric energy; (d) A water well, dam, reservoir, pumping plant, aqueduct, canal, tunnel, siphon, conduit, or any other structure, facility, or conductor, for producing, storing, diverting, conserving, treating, or 270 ORDIITANCE NO. 443 conveying, water; (e) The production, storage, or manufacture of munitions, dyna- mite, black blasting powder, gun powder, or other explosives; (f) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility. Section 3: Any property described in Section 2 of this Ordinance may be posted against trespassing and loitering in the following manner: (a) Any such property, if it be not enclosed within a fence and if it be of an area not exceeding one (1) acre and if it have no lineal dimension exceeding one (1) mile, by posting signs at each corner of the area so posted and at each entrance thereto; (b) Any such property, if it be not enclosed within a fence and if it be of an area exceeding one (1) acre or if it contain any lineal dimension exceeding one (1) mile, by posting signs along or near the exterior boundaries of the area so posted at intervals of not more than 600 feet and also at each corner thereof, and, if such property have definite entrance or entrap_ces thereto, at each such entrance; (e) Any such property, if it be enclosed within a fence and if it b: of an area not exceeding one (1) acre and if it have no lineal dimension exceeding one (1) mile, by posting signs at each corner of such fence and at each entrance thereto; (d) Any such property, if it be enclosed within a fence and if it be of an area exceeding one (1) acre or if it have any lineal dimension exceeding one (1) mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet and also at each corner thereof and at each entrance thereto; (e) Any such property, if it consist of poles or towers or appur- tenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic or telephonic messages, by affix- ing a sign upon one or more sides of such poles or towers, but such posting shall render only the pole or tower or appurtenant structure "posted property". Section 4 Every person is guilty of a misdemeanor who enters or remains upon any "posted property" without the written permis- sion of the owner, tenant or occupant in legal possession or control thereof. Every person who so enters, or remains upon such "posted property" without such written permission is guilty of a separate offense for each day during any portion of which he enters or re- mains upon such "posted property". Section 5: Every person is guilty of a misdemeanor who without authority tears down, defaces or destroys any sign posted under the provisions of this ordinance. Section 6: Every person is guilty of a misdemeanor who loiters in the immediate vicinity of any "posted property". Section 7: Nothing in this Ordinance shall be deemed to pro- hibit any activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent or members thereof, and/or employee groups employed or formerly employed in any place of business or manufacturing establishment mentioned herein, or for ORDINANCE NO. 443 271 carrying on the normal activities of labor unions. Section 8- This Ordinance does not apply to any entry, in the course of duty, of any peace or police officer or other duly authorized public officer, nor does it apply to the lawful use of an established and existing right of way for public road purposes. Section 9: Violation of any of the provisions of this Ordinance is punishable by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. Section 10: If any provision of this Ordinance, or the application thereof to any person or circumstance, is held to be invalid, the remainder of the Ordinance, and the application of such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause or phrase of this or- dinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases thereof be de- clared unconstitutional or invalid. Enacted December 2, 1940. ORDINANCE NO. 444 273 ORDINANCE NO. 444 —O AN ORDINANCE AMENDING ORDINANCE NO. 434, ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COM- PENSATION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH". —P— The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 20 of Ordinance number 434 entitled "An Ordinance Fixing and Regulating the Compensation of City Officers, Deputies, Assistants and Employees of the City of Hunt- ington Beach", be and the same is hereby amended to read as follows: Section 20: That the several officers hereinafter named must, before entering upon the discharge of the duties of their respective offices, each execute a bond in favor of the City of Huntington Beach with an approved surety company licensed to do business in the State of California, conditioned for the faithful performance of all duties required of them by law in the following penal sums: 1. The City Clerk and ex-officio assessor and auditor in the penal sum of Two Thousand ($2,000.00) Dollars. 2. Chief deputy and deputy City Clerks in the penal sum of One Thousand ($1,000.00) Dollars each. 3. The Chief of Police and ex-officio Collector in the penal sum of Five Thousand ($5,000.00) Dollars. 4. The City Treasurer in the penal sum of Fifty Thousand ($50,000.00) Dollars. 5. The City Judge in the penal sum of Two Thousand ($2,- 000.00) Dollars. 6. The City Attorney in the penal sum of One Thousand ($1,000 00) Dollars. 7. The Chief Deputy Collector and each deputy collector in the penal sum of One Thousand ($1,000.00) Dollars each. 8 The City Engineer in the penal sum of One Thousand ($1,000.00) Dollars. 9. The Engineer's clerk in the penal sum of One Thousand ($1,000.00) Dollars. 10. The Pavilion Cashier and the Pavilion Floorman in the penal sum of One Thousand ($1,000 00) Dollars each. 11. The City Controller in the penal sum of One Thousand ($1,000.00) Dollars. 12. The Caretaker of the Trailer Park in the penal sum of One Thousand ($1,000.00) Dollars. Enacted July 7, 1941. ORDINANCE NO. 445 275 ORDINANCE NO. 445 to AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 434 ENTITLED: "AN ORDIN- ANCE FIXING AND REGULATING THE COMPENSATION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EM- PLOYEES OF THE CITY OF HUNTINGTON BEACH." The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 19 of Ordinance number 434 entitled "An ordinance fixing and regulating the Compensation of City Offi- cers, Deputies, Assistants and Employees of the City of Hunt- ington Beach," be and the same is hereby amended to read as follows: Section 19: The following shall be classification and rate of salary or compensation of the several employees and officers of the City of Huntington Beach, California: CITY CLERK'S DEPARTMENT Rate of Pay Title of Position A B C D E City Clerk ......... ...... $125.00 $125.00 $125.00 Chief Deputy Clerk ............ 145.00 160.00 17000 /Q p 3 Deputy Clerks ............... 120.00 130.00 140.00 2 Janitors 130.00 140.00 150.00 I fo v Gardener ............................ 130.00 140.00 150.00 3 Stenographers ................ 50.00 75.00 90.00 100.00 CONTROLLER Controller ................................... 150.00 150.00 150.00 TREASURER Treasurer ............................... 175.00 l ATTORNEY Attorney ............................... 150.00 1 98p JUDGE Judge ASSESSOR 2 Deputy Assessors (per clay) 4.00 5.00 6.00 POLICE DEPARTMEN����� Chief of Police ................... 2 OA�2 6e90 32Ac6fi d Assistant Chief of Police .... 180.00 185.00 190.00 10 Patrolmen ........................ 135.00 145.00 160.00 175.00 2 Motor Officers ................. 150.00 160.00 175.00 /V,o a Police Clerk ........................... 125.00 135.00 140.00 150.00 2 Relief Patrolmen ............. 135.00 145.00 155.00 5 Crossing Guards .............. 50.00 75.00 100.00 125.00 Police Matron-2.50 per call not to exceed five hours, 50 cents per hour thereafter. 15 Special Officers-$5.00 per day-$6.00 per day. If employed for less than one day to .be paid at the rate of 75 cents per hour for time actually employed. FIRE DEPARTMENT Chief .............................. 200.00 210.00 225.00 2 Mechanics ....................... 160.00 165.00 175.00 276 ORDINANCE_NO. 4445 _�► 7 Engineers 135.00 145.00 155.00 160.00 Relief Engineer 135.00 145.00 155.00 160.00 LIFE GUARD DEPARTMENT Chief Life Guard ................ 145.00 150.00 160.00 Lieutenant Life Guard .._.--- 135.00 145.00 155.00 8 Life Guards 115.00 125.00 135.00 10 Extra Life Guards .................... 4.00 per day TRAILER PARK Caretaker ...................-....._..... 135.00 145.00 155.00 6 Assistants 100.00 110.00 120.00 Office Clerk ............................ 75.00 85.00 95.00 PAVIILIO;N 16, Janitor �.............................. 130.00 145.00 155.00 Floormen .............. per hour .50 .75 .75 Cashier ......._......... per hour .75 .75 .75 Check Room Attendant per hr. .50 .60 .75 3 Doormen .................... per hr. .50 .60 .75 ENGINEERING SERVICE 1►9 y^ City Engineer 230.00 250.00 275.00 - 2 Principal Assistant Eng. .... 135.00 150.00 175.00 Office Clerk .......................... 75.00 90.00 100.00 120.00- Building Supervisor ............ 50.00 75.00 100.00 11 b Electrical Maintenance Man 150.00 165.00 175.00 If 5 1 9 s 2 Apprentice Electricians.... 75.00 100.00 125.00 I '.5 15 K S Street Foreman .................... 150.00 175.00 200.00 11), ;L D 3 Tractor Drivers ................ 135.00 140.00 145.00 6-5 I b s 3 Truck Drivers ..............._ 135.00 140.00 145.00 150.00 160.00 2 Motor Grader Operators 140.00 150.00 160.00 175.00 -I J.' Park Superintendent ............ 155.00 165.00 175.00 -/$, - 19 h Sewage Plant Operator 155.00 165.00 175.00 185.00 -/s 6 Gardeners ........................... 100.00 125.00 140.00, 1 S'a - /1 a 2 Painters 135.00 145.00 150.00 1 C, v - 17 Sign Painter .......................... 135.00 150.00 160.00 170.00 Chief Auto Mechanic ..._..... 150.00 160.00 175.00 /$b- 3 Auto Mechanics ............... 100.00 125.00 135.00 150.00 - &0 15 Laborers (St. Dept.) ...... 100.00 125.00 135.00 145.00 15 5 3 Janitors ................__.....-...... 115.00 125.00 135.00 140.00 tp t7 2 Janitresses ......................... 60.00 75.00 85.00 90.00 - 2 Sweeper Operators ............ 146.00 150.00 160.00 /7 O / D 2 Utility Men ........................ 145.00 150.00 160.00 175.00 / S Wharfinger 125.00 135.00 140.00 145.00 / S S per hr per hr per hr per hr 50 Part time laborers .......... .50 .62Y2 .65 .75 2 Draughtsmen ...................... .621/2 .75 1.00 2 Instrument Men ............... .621/z .75 1.00 2 Rodmen ................................ .50 .621/2 .75 4 Chain men .50 .621/2 .621/2 4 Inspectors ............................ .75 1.00 1.10 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in ac- cordance with provisions of the Charter. Eda4 d Au ust/4, 1 1L ORDINANCE NO. 447 279 ORDINANCE NO. 447 —F— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CREATING A CIVIL- IAN DEFENSE COUNCIL FOR THE SAFEGUARDING OF LIFE, HEALTH AND PROPERTY, AND REPEALING ORD- INANCE NO. 437 OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. WHEREAS, a state of war exists between-the United States of America and Japan, and WHEREAS, an oil field now producing oil and gas is located within said City of Huntington Beach, California, and WHEREAS, said products are necessary for the National De- fense, and WHEREAS, there is danger of damage to both life and prop- erty within said City, including said oil field, from acts of alien enemies and from sabotage, AND WHEREAS, Section 2 of Article 10 of the Charter of the City of Huntington Beach provides, in part, as follows: "that in case a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster, the City Council may, by reso- lution passed by vote of four-fifths of all its members declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency", NOW THEREFORE, in and by the above preamble recital and statement the City Council by a four-fifths vote of all its mem- bers declares and defines that an emergency exists necessitating the adoption of an Ordinance for the immediate preservation of the public peace, property, convenience, health, and safety. WHEREFORE, the City Council of the City of Huntington Beach, does ordain as follows: SECTION 1. That there is hereby created a Civilian Defense Council, which Council shall be constituted, have the power, and perform the duties hereafter provided for when a declared public calamity or disaster exists within this city. SECTION 2. Whenever a public calamity or other disaster exists within the City of Huntington Beach the Mayor of the City of Huntington Beach is hereby given the power and authority to declare that such disaster or calamity exists, and as soon thereafter as Possible the City Council shall meet in special session and the declaration of such Mayor that a disaster or calamity exists shall constitute a call for the immediate convening of a special emer- gency meeting of the City Council at the Council Chambers, or at such other place as may be designated by the Mayor, and thereafter, until the termination of the emergency by a resolution cf the City Council. Upon first convening in the special emergency session of the City Council, it shall be the duty of the City Coun- cil to pass a resolution by a four-fifths vote confirming the act of 280 ORDINANCE NO. 447 the Mayor in declaring the emergency, and declaring the calamity or disaster to exist, and the City Council does hereby ratify and approve any and all acts of the Mayo! in such an emergency pending the first special emergency meeting. In the event of the 'absence or inability of the Mayor to act when such an emergency exists, then the Chairman of the Police and Fire Committee shall have the same powers and duties as the Mayor of the City. SECTION 3. After the declaration of an emergency resulting from public calamity or disaster, the Mayor shall have the power to obligate the City of Huntington Beach for the payment of any and all supplies, equipment, materials, food services or other ne- necessities of life that may be necessary for the purpose of allevi- ating suffering of citizens or inhabitants of this city, and for the purpose of protecting such citizens or inhabitants from hardships, or property damage or loss, which may be anticipated in case such condition arises, and it shall be the duty of the City Council of the City of Huntington Beach to confirm and ratify the acts of the Mayor acting during the condition of emergency in the ab- sence of a previous express declaration to the contrary by the City Council. SECTION 4. For the purpose of expediting and facilitating the performance of the duties herein contemplated during such an emergency, the Civilian Defense council shall consist of the fol- lowing elective and appointive officials and other persons as here- in provided. (1) General Chairman, who shall be ex-officio the Mayor of Huntington Beach. (2) The Chief of Police of the City of Huntington Beach, who shall be in charge of all police work in connection. with such emergency, including identification. (3) The Fire Chief of the City of Huntington Beach,, who shall be in charge of fire protection, rescue work, de- molition, air raid warning service and matters pertain- ing to fire control. (4) The City Attorney of the City of Huntington Beach, -who shall act as legal advisor. (5) The City Engineer, who shall be in charge of transpor- tation, equipment, street and highway clearance, relief housing, bomb shelters, and who shall have charge of personnel and coordinate all Veterans' organizations. (6) City Clerk, who shall be Secretary of the Civilian Defense Council; who shall have charge of the purchasing and distribution of supplies; and shall have charge of publicity and information. (7) Chief Life Guard, who shall have charge of First Aid and Shelter. That, in addition hereto, the Mayor shall appoint, subject to the confirmation of the City Council, a Medical Officer, Director of Public Welfare, and Director of Public Utilities. Said officers here- by created shall serve at the pleasure of the City Council, and 410 shall have the following duties: (1) Medical Officer, who shall have charge of hospitalization, ORDINANCE NO. 447 281 first aid and sanitation throughout the city. (2) Director of Public Welfare, who shall be in charge of food supply depots and the distribution of clothing and bedding. (3) Director of Public Utilities, 'who shall have charge of continuation of service of lights, gas, water, telephone; re- placement of service in event of damage; any and all matters pertaining to utility services. Each of the above named officers shall perform such additional duties as may be required of them by Reso- lution duly entered by the City Council. Each member of said Committee shall have the pow- er to name and appoint an assistant who shall, in the absence of such member, have the same powers as such member. SECTION 5. The City Council may appoint a Coordinator, which office is hereby created. Said Coordinator shall serve at the pleasure of the City Council, and shall receive such compensation as the City Council may, by ordinance, provide, and shall act as General Manager of the Civilian Defense Council. With the con- sent of the City Council, said Coordinator may appoint an assist- ant, who shall receive such salary as the City Council may, by Ordinance, provide. SECTION 6. The City of Huntington Beach declares that it has faith and confidence in the willingness and ability of the vet- erans of former wars of the United States to render aid and as- sistance in the event of an emergency, and therefore, declares that it is its intention to call upon all veteran organizations through American Legion Disaster Organizations to furnish the necessary reservoir of manpower to assist in carrying out the functions of government in the event of an emergency. - SECTION 7. It shall be the duty, immediately upon the adop- tion of this Ordinance, of the members of the City of Huntington Beach Civilian Defense Council to create and formulate plans for the cooperation between the several functions to be performed and formulate plans for performing the work incumbent upon them, to conduct surveys of material and equipment available, and to train volunteer workers to perform the several functions which may be required of them. They shall also coordinate plans with other neighboring districts, cities and political subdivisions for such emergency. SECTION 8. Except as above provided in Section 7 hereof, said City of Huntington Beach Civilian Defense Council, or its members, as such, shall have no power or authority whatsoever unless and until an emergency is declared to exist in the City of Huntington Beach, such emergency to be expressed by Resolution duly entered by four-fifths vote of the members of the City Coun- cil, the time and place of which all of the members of the Council shall have had reasonable notice. SECTION 9. In the event an emergency is declared it shall be the duty of the City of Huntington Beach Civilian Defense Council to immediately undertake the performance of their duties 282 ORDINANCE NO. 447 and to meet, either in person or through their named assistant, at a place to be designated by the Mayor, and shall coordinate and synchronize the work of the various members so as to prevent interference and duplication of effort, and to determine the degree of urgency of any work. SECTION 10. The City Council of the City of Huntington Beach shall authorize and obtain uniforms, badges, arm bands or other insignia as a means of identification, and said uniform, badge or insignia shall be recognized by all police, fire and other officers as authority for the person wearing the same to pass any police or fire lines. Such uniforms, badges or insignia shall be retained by the City and the members of the City of Huntington Beach Civilian Defense Council until an emergency exists when the same may be issued to any person working upon emergency relief work. It shall be unlawful for any person not properly authorized by a member of the City of Huntington Beach Civilian Defense Council to wear or carry any such badge or insignia or any similar badge or insignia, and any person so carrying or wearing about his person without such authority any badge or insignia issued by the City of Huntington Beach for emergency relief work, or any replica thereof that may be taken for or confounded with such official badge or insignia, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment in the County Jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. SECTION 11. Any person who fails or refuses to conform to the orders of any person lawfully wearing any such badge or in- signia shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment in the County Jail for a period not to exceed ninety (90) days, or by both such fine and imprison- ment. SECTION 12. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the va- lidity or constitutionality of the remaining portions of this Ordin- ance. The City Council of the City of Huntington Beach hereby de- clares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases thereof be declared unconstitutional or invalid. SECTION 13. That this ordinance, being an emergency meas- ure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the preamble thereto, shall take effect and be in force from and after the passage and adoption hereof. Enacted December 16, 1941. ORDINANCE NO. 448 283 ORDINANCE NO. 448 —O— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RELATING TO AIR RAID PRECAUTIONS. WHEREAS, a state of war exists between the United States of America and other powers, including Japan, and WHEREAS, the City of Huntington Beach, California, contains an oil field producing oil and gas, and is located on the coast, and WHEREAS, said City of Huntington Beach, California, is in great and continuous danger of air and other attacks of the enemy, NOW THEREFORE, in and by the above preamble and statement the Council declares and defines that an emergency ex- ists necessitating the following ordinance for the immediate preser- vation of the public peace, property, convenience, health and safety; WHEREFORE, the City Council of the City of Huntington Beach California, does ordain as follows: Section 1: As used in this ordinance the following words and phrases shall mean: "Air raid warning signal" shall mean a signal, by siren, whis- tle, horn or other audible device, of two minutes duration consist- ing of either a fluctuating or warbling signal of varying pitch or a succession of intermittent blasts of about five seconds duration separated by a silent period of about three seconds. "All clear signal" shall mean a continuous signal, by siren, horn or other audible device, of two minutes duration at a steady pitch. "Period of air raid alarm" shall mean the interval of time be- tween the giving of the air raid warning signal and the giving of the next succeeding all clear signal. "Blackout structure" shall mean any space so enclosed that any illumination maintained or existing therein is not visible from any point outside such enclosure. Section 2: The Chief of Police is hereby authorized and di- rected to cause the sounding of an air raid warning signal and of an all clear signal when, and only when, the district in which the city is located is notified so to do by the United States Aircraft Warning Service. Section 3: Any person who effects or maintains any illumina- tion, or permits any illumination under his control to be effected or maintained, at any place within the City of Huntington Beach during any period of air raid alarm in the hours of darkness, ex- cept within a blackout structure, shall be guilty of a misdemeanor. Section 4: The maintenance or leaving of any illumination, ex- cept within a blackout structure, without provision for its extinguish- inent, within ore minute after the commencement of a period of air raid alarm by a competent person over the age of eighteen years attendant at the place where such illumination is controlled, i; hereby prohibited. Section 5: In order to enable the Chief of Police to conform 284 ORDINANCE NO. 448 to the request of the United States Aircraft Warning Service for , the obscuration, diminution or extinguishment of any illumination, whether in or out of doors, which increases the vulnerability of the City of Huntington Beach, or any portion thereof, to air attack, or for the regulation of traffic during the period of air raid alarm, the Chief of Police may adopt and promulgate reasonable rules and regulations for such purposes, and any rules or regulations so adopted by him snall be and remain in effect for thirty (30) days thereafter, but no longer unless approved within said time by a resolution of the City Council; provided, however, that any rule or regulation so adopted by the 'Chief of Police may at any time be rescinded by resolution of the City Council. Violation of any such rule or regulation so adopted and promulgated is hereby de- clared to be a misdemeanor. Section 6: It shall be unlawful to disobey any lawful direction or order of a peace officer, highway patrolman, or fireman given during a period of air raid alarm, which order is reasonably neces- sary for the maintenance of public order or safety or to effect the extinguishment or obscuration of light. Section 7: Any illumination contrary to the provisions of this ordinance, or to any rule or regulation adopted and promulgated in accordance with secticn 5 hereof, constitutes a public nuisance, and the same may be summarily abated by any peace officer, high- way patrolman, or fireman Any structure may be entered by any peace officer, highway patrolman, or fireman, using reasonable force if necessary, for the purpose of abating such a nuisance by extinguishing such illumination. Section 8: At the commencement of a period of air raid alarm, the operator of any motor vehicle shall forthwith bring such vehi- cle as far as possible to the side of the street, road or highway off the main traveled portion thereof, and the operator of such motor vehicle or street car to a stop clear of any crossing, intersection, fire house, fire plug, hospital or other emergency depot or area, and during the hours of darkness shall extinguish all lights therein or thereon and said motor vehicle or street car shall remain so situated during the period of air raid alarm, unless directed or ordered to move by a peace officer, highway patrolman, or fireman. Section 9: The provisions of this ordinance shall not apply to blackout emergency vehicles, which shall include the following: (1) All Army and Navy vehicles; (2) All vehicles with United States Government credentials indicating the necessity of emergency movement; (3) All authorized emergency vehicles as defined in sections 44 and '44.1 of the Vehicle Code of California; (4) All vehicles of the California State Guard while ac- tually on duty. (5) All vehicles of the volunteer personnel engaged in the operation of the Aircraft Warning Service of the Fourth Intercep- tor Command, while such personnel are actually going to or from their post of duty. (6) All vehicles certified by sheriffs, district attorneys, the California State Highway Patrol, police chiefs, and fire chiefs, ORDINANCE NO. 448 285 when within the respective territorial jurisdictions of the certify- ing office, as being essential to the preservation of the public peace and safety or to the dissemination of public information or to the rational defense; provided, however, that such vehicles shall con- form to the uniform lighting regulations appproved by the Depart- ment of Motor Vehicles and the California State Highway Patrol for blackout emergency vehicles. No certificate shall be issued which conflicts with any regulation or order of the United States Army applicable in the area for which the certificate is issued. Section 10: It shall be unlawful for any person without au- thority, during any air raid alarm, to use, wear, exhibit or possess any uniform, insignia, credential, or other indication of authority, or any imitation thereof, adopted and issued by any official civilian defense organization. Section 11: Any person who shall operate a siren, whistle or other audible device in such a manner as to simulate an air raid warning signal or an all clear signal, except upon order of the Chief of Police, or other proper authority, shall be guilty of a mis- demeanor. Section 12: The provisions of every ordinance of this city and every administrative order made pursuant thereto, requiring any illumination to be maintained in conflict with this ordinance or with any rule or regulation made pursuant to section 5 of this' ordinance, shall be deemed suspended during the period between any air raid warning signal and the next succeeding all clear signal. Section 13: Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine of not exceeding three hundred dollars ($300.00) or by imprisonment in the County Jail not ex- ceeding three (3) months, or by both such fine and imprisonment. Section 14: That this ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 15: If any provision of this ordinance or the applica- tion thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provis- ions or applications, and to this end the provisions of this ordinance are declared to be severable. Enacted December 30, 1941. ORDINANCE NO. 449 287 ORDINANCE NO. 449 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 OF SAID CITY, ENTITLED: "AN ORDINANCE FIXING AND REGU- LATING THE COMPENSATION OF CITY OFFICERS, DEPU- TIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH." The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 9 of Ordinance No. 434, be and the same is hereby amended so as to read as follows: Section 9: JUDGE. The City Judge shall perform such duties as are required by the City Charter and he shall receive a salary of $150.00 per month. Section 2: All Ordinances or parts of Ordinances are hereby repealed insofar as they conflict with this Ordinance. Enacted December 30, 1941. ORDINANCE NO. 450 289 ORDINANCE NO. 450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDIN- ANCE NO. 434 ENTITLED: AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFI- CERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, AS AMENDED. —O— WHEREAS, a state of war exists between the United States of America and other powers including Japan, and WHEREAS, the City of Huntington Beach, California, contains an oil field producing oil and gas, and is located on the coast, and WHEREAS, said City of Huntington Beach, California, is in great and continuous danger of air and other attacks of the enemy, and WHEREAS, it is necessary that a coordinator and assistant co- ordinator be appointed at once in order to coordinate the work of the Civilian Defense Council; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: That a new Section shall be added to Ordinance No 434 entitled: An Ordinance Fixing and Regulating the Compensation of City Officers, Deputies, Assistants and Employees of the City of Huntington Beach, as amended, the same to be known as Section 18a and to read as follows: Section 18a: The coordinator of the City of Huntington Beach, California, shall receive a salary of Two Hundred Fifty Dollars ($250.00) per month,,the assistant coordinator shall receive a salary of Fifty Dollars ($50.00) per month. Section 2: That this ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency now exists, shall take effect and be in force from and after the passage and adoption hereof. Enacted December 30, 1941. ORDINANCE NO. 451 291 ORDINANCE NO. 451 —4— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A SEWER CONNECTION FEE FOR CERTAIN 'PROPERTY WITHIN THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That a fee of Fifteen Dollars ($15.00) is hereby levied for the use and benefit of the City of Huntington Beach, to be collected for each connection made to the sewer line extension in the alley located in block 301, of the City of Huntington Beach, all sums of money so collected shall be deposited in the general fund of the City of Huntington Beach. Enacted February 16, 1942. ORDINANCE NO. 452 293 ORDINANCE NO. 452 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIF- ORNIA, AMENDING ORDINANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COMPENSA- TION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH." The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 19 of Ordinance number 434 entitled "An Ordinance Fixing and Regulating the Compensation of City Officers, Deputies, Assistants and Employees of the City of Huntington Beach," be and the same is hereby amended to read as follows: Section 19: The following shall be the classification and rate of salary or compensation of the several employees and officers of the City of Huntington Beach, California: CITY CLERK'S DEPARTMENT Title of Position A B C D E City Clerk .................................... $125.00 $125.00 $125.00 Chief Deputy Clerk -------------------- 145.00 160.00 170.00 180.00 3 Deputy Clerks ------------------------ 120.00 130.00 140.00 150.00 2 Janitors ------------------------------------ 130.00 140.00 150.00 160.00 Gardener ...................................... 130.00 140.00 150.00 3 Stenographers ---------------------------- 50.00 75.00 90.00 100.00 CONTROLLER Controller ------------------------------------ 150.00 150.00 150.00 TREASURER Treasurer -------------------------------------- 175.00 ATTORNEY Attorney ---------------------------------------- 150.00 JUDGE _ Judge -------------------------------------------- 150.00 ASSESSOR 2 Deputy Assessors (per day) ...... 4.00 5.00 6.00 POLICE DEPARTMENT Chief of Police ----------------_--------- 240.00 Assistant Chief of Police ------------ 180.00 185.00 190.00 10 Patrolmen ......._----------------------- 135.00 145.00 160.00 175.00 2 Motor Officers ------------------------ 150.00 160.00 175.00 185.00 Police Clerk ................................ 125.00 135.00 140.00 150.00 160.00 2 Relief Patrolmen -------------------- 135.00 145.00 155.00 5 Crossing Guards -------------------- 50.00 75.00 100.00 125.00 Police Matron-2.50 per call not to exceed five hours, .50 cents per hour thereafter. 15 Special Officers-5.00 per day-6.00 per day. If employed for less than one day to be paid at the rate of 75 cents per hour for time actually employed. 294 ORDINANCE NO. 452 Title of Position A B C D E FIRE DEPARTMENT Chief --------------------------------------------- 200.00 210.00 225.00 2 Mechanics ------------------ ---------- 160.00 165.00 175.00 7 Engineers ............................... 135.00 145.00 155.00 160.00 175.00 Relief Engineer ....................... 135.00 145.00 155.00 160.00 175.00 LIFE GUARD DEPARTMENT Chief Liie Guard ....................... 145.00 150.00 160.00 175.00 185.00 Lieutenant Life Guard .....-..... 135.00 145.00 155.00 8 Life Guards ............................ 115.00 125.00 135.00 10 Extra Life, Guards-4.00 per day. TRAILER PARK Caretaker ----------------------------------- 135.00 145.00 155.00 6 Assistants --------- -------- -------- 100.00 110.00 120.00 Office Clerk ------------------------------ 75.00 85.00 95.00 PAVILION Manager ------ --------------------- 150.00 160.00 175.00 Janitor ............. ............. 130.00 140.00 150.00 Floormen (per hour) ............... .50 .75 .75 Cashier (per hour) .................... .75 .75 .75 Check Room Attendant (per hr.) .50 .60 .75 3 Doormen (per hour) ------------ .50 .66 .75 ENGINEERING SERVICE City Engineer ............................ 230.00 250.00 275.00 285.00 295.00 Principal Assistant Engineer ---- 135.00 150.00 175.00 185.00 195.00 Office Clerk -------------------------------- 75.00 90.00 100.00 120.00 130.00 Building Supervisor ................ 50.00 75.00 100.00 110.00 120.00 Electrical Maintenance Man ---- 150.00 165.00 175.00 185.00 195.00 2 Apprentice Electricians -------- 75.00 100.00 125.00 135.00 145.00 Street Foreman ----------------------- 150.00 175.00 200.00 210.00 220.00 3 Tractor Drivers - ---------------- 135.00 140.00 145.00 155.00 165.00 3 Truck Drivers ----- ---------------- 135.00 140.00 145.00 150.00 160.00 2 Motor Grader Operators .....--- 140.00 150.00 160.00 175.00 185.00 Park Superintendent ................ 155.00 165.00 175.00 185.00 195.00 Sewage Plant Operator ......--.--. 155.00 165.00 175.00 185.00 •195.00 6 Gardeners --------------------- ------ 100.00 125.00 140.00 150.00 160.00 2 Painters ---------------------------------- 135.00 145.00 150.00 160.00 170.00 Sign Painter -------------------------------- 135.00 150.00, 160.00 170.00 180.00 Chief Auto Mechanic ............... 150.00 160.00 175.00 185.00 195.00 3 Auto Mechanics ...................... 100.00 125.00 135.00 150.00 160.00 15 Laborers (Street Dept.) -------- 100.00 125.00 135.00 145.00 155.00 3 Janitors ------------------------------------ 115.00 125.00, 135.00 140.00 160.00 2 Janitresses ............................. 60.00 75.00 85.00 90.00 100.00 2 Sweeper Operators -- ......------ 140.00 , 150.00 160.00 170.00 180.00 2 Utility Men ............................. 145.00 150.00 160.00 175.00 185.00 Wharfinger ---------------------------------- 125.00 135.00 140.00 145.00 155.00 50 Part Time Laborers (per hr.) .50 .62% .65 .75 2 Draughtsmen (per hr.) ---------- .62% .75 1.00 ORDINANCE NO. 452 295 Title of Position A B C D E 2 Instrument Men (per hr.) ___. .621/2 .75 1.00 2 Rodmen (per hr.) ____________________ .50 .62% .75 4 Chain Men (per hr.) ................ .50 .621/2 62% 4 Inspectors (per hr.) ............ .75 1.00 1.10 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in accordance with provisions of the Charter. CIVILIAN DEFENSE CORPS Coordinator .................................. 250.00 Assistant Coordinator ______________ 50.00 2 Office Clerks (per hour) ........ .50 Enacted March 6, 1942. ORDINANCE NO. 453 297 ORDINANCE NO. 453 —p-- AN:-ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CAL- IFORNIA, DECLARING A CERTAIN PORTION OF SAID`CITY CLOSED TO PUBLIC TRAVEL. WHEREAS, a state of war exists between the United States of America"and Germany, Italy and Japan, and WHEREAS, the'City of Huntington Beach, California, contains within its boundary an oil field that produces oil and gas which pro- ducts are necessary for the defense of our country, and WHEREAS, said oil field is in danger of damage and destruction from sabotage and attack of the-enemy, NOW THEREFORE, in and by the above preamble and state- ment the Council declares and defines that an emergency exists necessitating the following ordinance for'.the'iminediate preservation of the public peace, property,'convenience,-health and safety; 'WHEREFORE, the City Council of the City of.Huntington Beach', California, does ordain as follows: Section 1. DEFINITIONS: The following words and term's wherever they occur in this ordinance shall,have the following res= pective meanings and definitions: (a)EMPLOYEE:' The term employee as used in this ordinanc4 shall refer to and shall mean any person regularly employed by ariy person, firm or corporation engaged in a lawful business within the closed area, hereinafter defined, and,shall include the owner of any property which requires some one to be in attendance thereat and any officer employed by the City of Huntington Beach, County of Orange, State of `California, or the Federal Government, and any other person employed by any person, firm or corporation who ha"s business with persons employed within _the closed area defined by this ordinance. (b) STREET: Street includes streets, highways, roads or ways within the City of Huntington Beach, County of Orange, State of California, which are open to-public travel or which is being other- wise used by the public except, however; any State or Federal Highway. - (cj CLOSED STREET: That portion of any street which has been posted with a sign'or signs of the type and in the manner pro- vided and which"lays beyond or between such sign or signs. Section 2. That the following described `portion of the City of Huntington Beach; California, is hereby declared to be a closed area: Beginning at a point on the southwesterly corner of Block 111 of Huntington Beach, as per map thereof recorded in Book 3, page 36 of Miscellaneous .Maps, Records of'Orange County,- California; thence northeasterly along the northwesterly side of Eleventh Street to Olive Avenue; thence northwesterly_ along Olive Avenue to the 'northwesterly side of Fourteenth Street; thence northeasterly to 'Orange Avenue;. thence northwesterly-along the southwesterly side of Orange Avenue to the',northwesterly side of Fifteenth Street; thence-northeasterly along the northwesterly side of Fifteenth Street 298 ORDINANCE NO. 453 to the southwesterly side of Palm Avenue; thence along the south- westezly side of Palm Axreni;e to the northwesterly side of Seven- teenth Street; thence northeasterly along the northwesterly side of Seventeenth Street to the northeasterly side of Palm Avenue; thence northwesterly along said northeasterly side of Palm Avenue to the northwesterly side of Twenty-third Street; thence northeasterly along the northwesterly side of Twenty-third Street to the northerly side of Mansion Avenue, as produced, westerly; thence easterly along said northerly side of Mansion Avenue, as produced, and Mansion Avenue to the easterly side of Main Street; thence southerly along the easterly side of Main Street to the northerly side of Utica Street; thence easterly along the northerly side of Utica Street to the easterly side of Pine Street; thence south- erly along Pine Street to the northerly side of Wesley Avenue; thence easterly along the northerly side of Wesley Avenue and the north- erly side of Quincy Avenue to the easterly side of Alabama Avenue; thence southerly along the easterly side of Alabama Avenue to the northerly side of Oswego Street; thence easterly along the northerly side of Oswego Street as produced easterly to Hampshire Boulevard; thence northerly along the westerly side of Hampshire Boulevard to the southeast corner of Block 2008, East Side Villa Tract, as per map thereof recorded in Book 4, page 65, Miscellaneous Maps, Records of Orange County, California; thence westerly along the south line of Blocks 2008 and 2007 of said tract and Blocks 2006 and 2005 of said tract, as produced, westerly to the westerly side of Delaware Avenue; thence northerly along the westerly side of Delaware Avenue to the northerly City Limits; thence westerly along the northerly City Limits of the City of Huntington Beach, to the intersection of said City Limits with the ordinary high water mark of the Pacific Ocean; thence southeasterly along said ordinary high water mark to a point of intersection with the northwesterly side of Tenth Street as produc- ed, southwesterly; thence northeasterly along said line of Tenth Street to the intersection of the southwesterly side of Ocean Avenue; thence northwesterly along said southwesterly side of Ocean Avenue to a point of intersection of the northwest side of Eleventh Street as produced, southwesterly; thence northeasterly along said line as pro- duced to point of beginning; excepting therefrom all portions of Ocean Avenue, Orange Avenue, Delaware Avenue, Main Street, Sev- enteenth Street, Twenty-third Street, Wesley Avenue and Quincy Street within said area. Section 3. CLOSED AREA: All streets within said closed area are hereby declared to be closed to the public and it shall be unlawful for any person, other than an employee as in this ordinance defined, to enter or travel upon any such streets except upon special permit from the-Chief of Police of the City of Huntington Beach, California Section 4. PERMITS: Any person desiring a special permit shall apply to the Chief of Police and submit to him a written verified application upon a form to be secured from said Chief of Police, which application shall contain the name, date, address and reason why the person desires to have such permit, and such other information as the Chief of Police may require. The Chief of Police ORDINANCE NO. 453 299 shall examine the application and shall make such investigation as he may deem necessary, and if he finds that said person has any lawful business within said closed area, he may grant to him a permit to enter, which permit shall expire twenty-four hours thereafter unless otherwise expressly provided therem. Section 5. POSTING OF AREA: The Chief of Police shall post or cause to be posted on all streets and alleys entering said closed area, or running through said area, in some conspicuous place, a sign reading as follows: RESTRICTED DEFENSE ZONE UNAUTHORIZED PERSONS KEEP .. OUT By Order of the City Council City of Huntington Beach. Ordinance No. 453 The words `Restricted Defense Zone' and `Keep Out' shall not be less than two and one hale inches in height, and the words `Un- authorized Persons' shall not be less than one inch in height. In the lower left hand corner shall appear the words, `By Order of the City Council, City of Huntington Beach, Ordinance No. 453.' Section 6. SPECIAL OFFICER; Upon the request in writing of any person, firm or corporation owning and operating any business within said closed area, the Chief of Police may appoint any employee of said person, firm or corporation as a special officer, and said special officer shall be entitled to wear a badge in the manner and form used by the Police Department of the City of Huntington Beach, which designates the wearer therof as a special officer. Any special officer so appointed shall meet the minimum requirements for ap- pointment to the Police Force of the City of Huntington Beach. Provided, that said special officer shall only have the right to arrest as is given to private persons by the Penal Code of the State of California. Provided, however, that any Police Officer, Peace Officer or Special Officer may stop any perscn on any street within said area and may demand of him his name, address, place of bus- iness, reason for being within said area. Section 7. Any person, firm or corporation requesting the ap- pointment of any special officer and in consideration thereof must agree to indemnify and hold the City of Huntington Beach and the Chief of Police thereof, harmless from any and all liability for damage or otherwise on account of the acts of said special officer. Section 8. Every employee as the term is defined in this ord- inance must at all times while within said closed area, carry upon his person an identification card, which identfication card must have upon it his signature, picture and at least one finger print of the bearer, and must be signed by a regular authorized official or agent of the person, firm or corporation, or other authorized employee by whom such person is employed. Section 9. Any person violating this ordinance or any provision hereof and who enters upon any street within said closed area without having a permit so to do, and who refuses upon demand by any officer to give his name, address and place of business, 300 ORDINANCE NO. 453 is hereby declared to be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed rive Hundred Dollars ($500.00) or by imprisonment in the County Jail not to exceed six months or by both such fine and imprisonment. Section 10. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applica- tion, and to this end the provisions of this ordinance are declared to be severable. Section 11. That this ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Enacted April 21, 1942 i F I i .��' �� I I '� ��'2.G�1 C�r/t�,�''� � . I � � I f ��°��`� � � � 1 i _ _ _ _- _J l--- �- \ ORDINANCE NO. 454 301 ORDINANCE NO. 454 ADDING A NEW SECTION TO ORDINANCE NO. 327 ENTITLED: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH LICENSING ALL KINDS OF BUSINESS CARRIED ON IN THE CITY OF HUNTINGTON BEACH, FIXING THE RATE OF LICENSE TAX UPON THE SAME, PROVIDING PENAL- TY FOR ALL VIOLATIONS THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH, AS AMENDED. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1. That a new section be added to ordinance No. 327 entitled: "An Ordinance of the City of Huntington Beach licensing all kinds of business carried on in the City of Huntington Beach, fixing the rate of license tax upon the same, providing penalty for all violations thereof, and repealing all ordinances or parts of ordinances in conflict herewith, as amended," to be known as Section 2a, and to be inserted between section 2 and section 3 of said ordinance; the same to read as follows: Section 2a. Any person, firm, corporation or association who has not previously received a license from the City of Huntington Beach to conduct any business therein, shall make an application to the City Council upon a form to be secured from the City Clerk, which application shall give the following information: 1. The name and residence of applicant; 2. If the applicant is a firm or partnership, the names and addresses of the members of the firm or of the partners; if the applicant is an association, the names and addresses of the officers of said association; if the applicant is a corporation, the names and addresses of the Board of Directors of the corporation and its offi- cers must be given; 3. The period during which the applicant has resided at the residence given; if an association or corporation, the period of such residence of the members or officers thereof; 4. Whether or not applicant is a citizen of the United States; if association or corporation, the citizenship of its officers; 5. Whether or not applicant has ever been charged with, or convicted of a felony in any state or territory of the United States of America, giving full details of any such charge or conviction; 7. Type of business said applicant desires to conduct; 8. The address of the establishment at which applicant pro- poses to transact business under said license and a general de- scription of the class of improvements thereon; 9. Applicant shall be required to give at least three names and addresses of references as to his character and reputation, for honesty, integrity and morality; 10. Whether or not applicant intends to conduct the business personally; Such application shall be filed by the applicant in person, with 302 ORDINANCE NO. 454 the City Clerk and shall be kept with said City Clerk as a perma- nent record. The application shall be referred to the Chief of Police l who shall investigate and report at the next meeting of the City Council or at a special meeting called for that purpose. Section 2. There is hereby added to Ordinance 327, an ordin- ance entitled "An Ordinance of the City of Huntington Beach licens- ing all kinds of business carried on in the City of Huntington Beach, fixing the rate of license tax upon the same, providing penalty for all violations thereof, and repealing all ordinances or parts of ordinances in conflict herewith, as amended" a new section to be known as Section lla, the same to read as follows: Section lla (1) THE RATE OF LICENSES: For every person, firm, corporation or asssociation conducting, managing, maintaining, or establishing picket lines in the City of Huntington Beach and employing persons other than employees or former employees of the employer being picketed: For every picket line of not more than two (2) pickets, perday .................................................................................... $10.00 For each additional picket over two (2), per day ............ $5.00 (2) DEFINITIONS: For the purposes of this Ordinance pick- eting shall mean and include walking, marching, patrolling, or rid- ing to and fro, back and forth, or in any other repeated or succes- sive or continuous manner, standing, sitting, or remaining in front of or in close proximity to the entrance or approaches leading there- to or therefrom of any place of business, residence, or place of em- ployment for the purpose or with the intent of endorsing or influ- encing any person to refrain from entering any such place of busi- ness, residence or place of employment, or to refrain from purchas- ing, selling or using any goods, wares, merchandise or other arti- cles manufactured or offered for sale therein, or to induce or in- fluence any such person to refrain from doing or performing any service or labor in any such place of business, residence, or place of employment, or with the intent and purpose of interfering with the normal conduct of business at any such place. For the purposes of this Ordinance a former employee shall mean a person who has been in the employ of the person, firm, corporation, or association so picketed within a period of thirty (30) days immediately preceding the establishment of such picket line. 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Huntington Beach News, a weekly newspaper, and thirty (30) days thereafter the same shall take effect and be in force. Enacted May 4, 1942. ORDINANCE NO. 455 303 ORDINANCE NO. 455 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A CITY DEFENSE COUN- CIL AND DESCRIBING ITS DUTIES AND ITS RESPON- SIBILITIES. WHEREAS, a state of war exists, and WHEREAS, the Council of National Defense and its Advisory Commission have recommended that the National Defense Pro- gram and activities related thereto be carried on through regular governmental channels in so far as possible, and WHEREAS, the City of Huntington Beach desires to assist in the program of National Defense by coordinating all of its public and private facilities, resources and activities with the program aforesaid; NOW, THEREFORE, in and by the above preamble and state- ment the City Council declares and defines that an emergency exists necessitating the following ordinance for the immediate preservation of the public peace, property, convenience, health and safety; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1. CITY DEFENSE COUNCIL. There is hereby es- tablished a City Defense Council within the City of Huntington Beach to have the power to perform the duties hereinafter pro- eided. Section 2. MEMBERSHIP OF CITY DEFENSE COUNCIL. The City Defense Council shall be composed of the Mayor who shall be ex-officio Chairman of the Council; the City Clerk who shall be ex-officio Clerk of the Council; Chief of Police; Chief of the Fire Department; City Attorney; Chief Life Guard; City Engineer; Director of Public Utiities and Medical Director; and not exceed- ing six (6) additional members, as may be appointed by the Mayor with the approval of the City Council. The Mayor shall designate one of the members of the City Defense Council as Vice Chairman who shall preside at the meetings of the Council in the absence of the Mayor; a Secretary who shall keep the records, conduct the correspondence and perform such other duties as said Defense Council may from time to time require of him. Section 3. TERM OF OFFICE. The members of said Defense Council shall serve for a term of one year and until their suc- cessors are appointed and qualified. A four-fifths vote of all the members of the City Council will be required to remove any mem- ber of said Defense Council from office prior to the expiration of his term of office. Vacancies on the Defense Council shall be filled by appointment by the Mayor, with the approval of the City Council. Section 4. DUTIES. It shall be the duty and responsibility of the Defense Council to: (a) Coordinate the activities within the city of governmental 304 ORDINANCE NO. 455 and private agencies, and of individuals, cooperating in the defense effort; (b) To stimulate public interest and participation in defense activities; (c) To consider and recommend to appropriate governmental authorities plans for the public safety, health and welfare; (d) To plan a civilian protection program, capable of func- tioning in an emergency; and to perform such other advisory functions as may be requested of it by officials of the city, coun- ty, State and Federal agencies engaged in the defense effort. (e) To provide for wid supervise instruction and training of the civilian population, including the Civilian Protection Corps, in their respective duties during war times. Said Council shall receive, acknowledge and appraise proffers of facilities, services and ideas originating within the community and make appropriate disposition of same; clear information corl- cerning defense programs and objectives among cooperating agen- cies; recommend adjustments or arrangements necessary for prompt assimilation of government programs for defense to the appropriate officers, departments or agencies; receive requests for assistance from the State Council of Defense and from Federal defense authorities or agencies; accumulate ur assist in the accumulation of information regarding local governmental, financial, economic, industrial and human facilities and resources and transmit any such facts, as well as other necessary information, to the State Council of Defense and to the Federal defense authorities. Every department, commission, officer, and employee of the City of Huntington Beach shall cooperate with and assist the de- fense council so as to enable the council to accomplish the ob- jectives of this ordinance. The defense Council shall cooperate with the county council of defense for the purpose of coordinat- ing defense activities between the city and the county. Section 5. COMMITTEES. There is hereby created as perma- nent committees of the defense council: (1) Committee on civil protection, which shall consider de- fense matters relating to the public safety, the protection of civil liberties and the maintenance of law and order, including the preparation of civilian protection plan; (2) Committee on human resources and skills, which shall assist in the registration of persons for defense work of all kinds, cooperate with governmental agencies in making plans for defense training of skilled workers and other persons engaged in de- fense work requiring special training, and analyze and report to the defense council on all proffers of assistance from private per- sons and organizations; (3) Committee on health, welfare, and consumer interest, which shall consider activities designed to contribute directly to the social, physical and economic well-being of the individual and the family, protection from want, protection against unwar- ranted rise in prices; (4) Committee on transportation, housing, works and facilities, ORDINANCE NO. 455 305 which shall consider provisions for defense housing, buildings and structures, works for water supply and transportation, highways, airports and other transportation facilities; (5) Committee on public infurmation, which shall serve all committees of the council as medium through which to inform the public of defense activities, develop plans for the use of new�- papers, radio, and other means of public information, and attract and sustain citizen interest and participation in defense work; (6) Committee on industrial resources and production, which shall consider the industrial resources of the city as these relate to defense production and assist in making the most advantageous use of such facilities. The City Council may create such other permanent and such temporary committees of, the defense council as the City Council deems necessary, shall define their duties within the purpose of this ordinance and may abolish any such committee. The Chair- man of the permanent committees of the defense council shall be designated by the defense council chairman from among the mem- bers of the defense council appointed as provided in Section 2 of this ordinance. All members of permanent committees other than the chairman and all members of temporary committees shall be appointed by the chairman of the defense council and need not be members of the defense council. Section 6. DIRECTOR OF CIVILIAN DEFENSE. The Mayor, upon recommendation of the Defense Council and the approval of the City Council, may appoint a Director of Civilian Defense and an Assistant Director of Civilian Defense, each of which said of- fices are hereby created. It shall be the duty of the Director and the Assistant Director to act as General Manager and to coordinate all activities engaged in by the City Defense Council. Section 7. DEPARTMENT OF EDUCATION. A Department of Education is hereby created to consist of a Director Of Edu- cation, an Assistant Director and not to exceed twenty (20) mem- bers to be a volunteer department. The Director of Education and Assistant Director shall be appointed by the Mayor subject to the approval of the City Council, and said Director shall appoint the other members of the department, subject to the approval of the City Council. The Department of Education shall assist the chiefs of the various departments of emergency service in instructing and training candidates for membership in the Civilian Protec- tion Corps, and shall arrange the necessary courses of instruction and maintain the standard of instruction required by the Office of Civilian Defense. Section 8. EMERGENCY. That this ordinance, being an emer- gency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 9. SAVING CLAUSE. If any provision of this ordi- nance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions 306 ORDINANCE NO. 455 or applications of this ordinance which can be given effect without the invalid provisions or applications, and to this end the pro- visions of this ordinance are declared to be severable. Section 10. CERTIFICATION The City Clerk shall certify to 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 inser- tion in the Huntington Beach News, a newspaper of general cir- culation, printed, published and circulated in the City of Hunt- ington Beach, California. Enacted June 1, 1942. ORDINANCE NO. 456 307 ORDINANCE NO. 456 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A CIVILIAN PROTECTION CORPS AND PROVIDING FOR AN EMERGENCY CONTROL CENTER WITHIN SAID CITY. WHEREAS, the United States of America is at war and this City is in great and continuing danger of attack by the enemy, and WHEREAS, the exigencies of war and the imminence of great public peril have thrown unprecedented burdens upon the regu- lar employees of this City, and WHEREAS, the danger is such as to admit of no delay in pro- viding additional support and aid, voluntarily offered by the citi- zens of this community, in the maintenance of the public peace, health and safety of this community, NOW, THEREFORE, in and by the above preamble and state- ment the City Council declares and defines that an emergency exists necessitating the following ordinance for the immediate preservation of the public peace, property, convenience, health and safety: WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1. CIVILIAN PROTECTION CORPS. A Civilian Pro- tection Corps is hereby established within the City of Hunting- ton Beach, California, to consist of the Staff Corps and six divi- sions of Emergency Service; and said Corps and Divisions shall be composed of departments and subdivisions, volunteer or other- wise, as follows: (a) Staff Corps (1) Commander and staff (2) Messengers and drivers (3) Bcmb Reconnaissance squad (b) Division of Emergency Police Service (1) Police Department (2) Auxiliary Police Force (c) Division of Emergency Fire Service (1) Fire Department (2) Auxiliary Fire Force (3) Rescue Squad (d) Division of Wardens Service (1) Air Raid Wardens (2) Fire Watchers (e) Division of Emergency Medical Service (1) Emergency Medical Corps (2) Nurses Aide Corps (3) Emergency Food Housing (f) Division of Emergency Public Works Service (1) Demolition and Clearance Crew (2) Road Repair Crew 308 ORDINANCE NO. 456 (3) Decontamination Squad (g) Division of Emergency Utility Service (1) Repair Squad Section 2. DIVISION CHIEFS. There is hereby created in each Division of Emergency Service the position of Chief of the Division. The Chiefs of the several Divisions of Emergency Serv- ice shall be the following: (a) Division of Emergency Police Service: Chief of Police (b) Division of Emergency Fire Service: Chief of the Fire Department (c) Division of Wardens Service: Chief Warden, which position is hereby created (d) Division of Emergency Medical Service: Medical Director, which position is hereby created (e) Division of Emergency Public Works Service: City Engineer (f) Division of Public Utilities: Director of Public Utilities, which position is hereby created Section 3. APPOINTMENT. The Chief Warden, the Medical Director and the Director of Public Utilities shall be appointed by the Mayor subject to the approval of the City Council. Section 4. COMMANDER AND STAFF. (a) There is hereby created the position of Commander of the Civilian Protection Corps, which position shall be held by the Mayor, a Deputy Commander, an Executive Officer, Assistant Executive Officer, and Bomb Reconnaissance Agent to be ap- pointed by the Mayor subject to the approval of the City Council. (b) The Commander's Staff shall consist of the Deputy Com- mander, Executive Officer, the Assistant Executive Officer, the Chief of each Division of Emergency Service, and the Bomb Reconnaissance Agent. The Staff Corps shall have and pei form the duties prescribed by the Office of Civilian Defense. (c) There is hereby established a Bomb Reconnaissance Squad to consist of not to exceed twenty (20) members who shall be a volunteer force, to be attached to the Staff Corps. (d) There is hereby established a Messengers Unit to con- sist of not to exceed fifty (50) members, and a Drivers Unit of not to exceed fifty (50) members, and a Clerical Force of not to exceed twenty (20) members, the same to be a volunteer force and to be attached to the Staff Corps. (e) The Staff Corps, with the consent of the City Council, may divide the City into Sectors or Districts for the purpose of the administration of this ordinance. Section 5. AUXILIARY POLICE FORCE. (a) An Auxiliary Police Force is hereby established, to be a volunteer organization, composed of not to exceed two hundred fifty (250) members, separate and distinct from the Police De- partment of this City, but to be headed by the Chief of Police ORDINANCE NO. 456 309 who shall have control and command over the Auxiliary Police Force. subject of course, to the provisions of this ordinance. (b) Duties: The duties of the Auxiliary Police Force, sub- ject at all times to the direction, supervision and control of the Chief of Police, shall be to assist the regular members of the police department of this City in the enforcement of law and the maintenance of peace and order during the emergency of war and great common peril. The Chief may by order establish rules and regulations to govern the Auxiliary Police Force, to fix the specific duties of its members, and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the auxiliary force to obey the in- stractions of regular police ,Jfieers in carrying out their duties. The Chief may prescribe other duties than those mentioned herein to be performed by the Auxiliary Police Force, not inconsistent with the provisions hereof. (c) Carrying of Firearms: No member of the Auxiliary Po- lice Force shall, while on duty, carry or use any firearms ex- cept upon the express written order of the Chief of Police. (d) Power of Arrest: A member of the Auxiliary Police Force shall have the following powers of arrest and none other: (1) He may arrest for public offense committed in his presence; (2) He may arrest a person who has in fact committed a felony, although not in his presence; (3) When a felony has in fact been committed, he may make an arrest when he has reasonable cause for be- lieving the person arrested to have committed it. (4) Duty of an Auxiliary Policeman who has made an arrest: An Auxiliary Policeman who has arrested another person for the commission of a public of- fense must, without unnecessary delay, take the per- son arrested before a magistrate, or deliver him to a peace officer. Section 6. AUXILIARY FIRE FORCE. (a) Auxiliary Fire Force Established: An Auxiliary Fire Force is hereby established, to be a volunteer organization, composed of not to exceed six hundred (600) members, separate and distinct from the Fire Department of this City, but to be headed by the Chief of the Fire Department, who shall have control and com- mand over said Auxiliary Fire Force, subject of course, to the provisions of this ordinance. (b) Duties: The duties of the Auxiliary Fire Force, subject at all times to the direction, supervision and control of the Chief of the Fire Department, shall be to assist the regular members of the Fire Department, of this City in the prevention, control and extinguishing of fires during the present emergency of war, to aid in the functions of civilian protection, and to perform such related duties as the Chief may by order prescribe. The Chief may prescribe other duties than those mentioned herein to be performed by the Auxiliary Fire Force. Section 7. RESCUE SQUAD. A rescue squad is hereby estab- 310 ORDINANCE NO. 456 lished within the division of Emergency Fire Service to consist of not to exceed fifty (50) members which shall be a volunteer force. Section 8. DIVISION OF WARDENS SERVICE. A Wardens Division is hereby established to be a volunteer organization, to be composed of an Air Raid Wardens Service, of not to exceed one hundred (100) members, and a Fire Watchers Service, of not to exceed fifty (50) members. The Wardens Division shall be headed by the Chief Warden, who shall have control and command over the Wardens Service, subject to the provisions of this ordinance. Section 9.; DIVISION OF EMERGENCY MEDICAL SERV- ICE. A Division of Emergency Medical Service is hereby establish- ed to be headed by the Medical Director, which shall consist of the Emergency Medical Corps of not to exceed two hundred (200) members, the Nurses Aide Corps of not to exceed fifty (50) members, and an Emergency Food and Housing Service of not to exceed two hundred (200) members, which entire division shall be composed of volunteers. Section 10. DIVISION OF EMERGENCY PUBLIC WORKS SERVICE. A Division of Emergency Public Works Service is here- by established to be headed by the City Engineer, and shall con- sist of a Demolition and Clearance Crew to be composed of twenty (20) volunteer members in addition to the regular employees of the City, Road Repair Crew to be composed of one hundred (100) volunteer members in addition to the regular employees of the City, and a Decontamination Squad to be composed of fifty (50) volunteer members in addition to the regular employees of the City. Section 11. ADDITIONAL DUTIES. In all instances where the duties of the various divisions and units of the Civilian Pro- tection Corps have been omitted herefrom and not herein ex- pressly stated and in addition to the duties herein specified, all members of the Civilian Protection Corps shall have and \er- form such duties and have such power and privileges as have oeen heretofore, and are from time to time prescribed by the Office of Civilian Defense of the United States or any other governmental body or authorized agency set up by the United States for the sup- ervision of the Civilian Protection or Civilian Defense. Section 12. APPOINTMENT AND CLASSIFICATION OF PER- SONNEL. The Chief of each Division of Emergency Service shall appoint deputies who shall respectively have the power and priv- ilege of the Chief of such Division in the absence or inability of said Chief to act. The Chief of each Division of Emergency Serv- ice shall appoint all volunteer members of his division of the Civilian Protection Corps, subject however, to the approval of the City Council, and classify said members in accordance with their training and experience, and no person shall be deemed a member of the Civilian Protection Corps until he has satisfactorily com- pleted a course of training prescribed by the Office of Civilian ORDINANCE NO. 456 311 Defense, been registered as such in a roster to be kept by the executive officer of the Staff Corps, and until he has taken an oath that he will observe the Constitution of the United States, the Constitution of the State of California, and the laws of this Nation, this State and this City, and carry out the duties of the respective branch of the Civilian Protection Corps of this City to which he belongs, to the best of his ability, and upon the com- pletion of said training, signing of said roster, and the taking of said oath the respective member shall receive an identification card and the insignia of his respective position. Section 13. RESIGNATION AND REMOVAL FROM MEM- BERSHIP. Any person may submit his resignation as a member of the Civilian Protection Corps at any time and his membership therein may be terminated at any time, for cause, by the Chief of the respective division to which said member belongs. Section 14. INSIGNIA AND IDENTIFICATION. All duly qualified members of the Civilian Protection Corps shall be en- titled to wear, and shall wear, when on active duty the insignir as prescribed by the rules and regulations of the Office of Civil- ian Defense, and each member of the Civilian Protection Corps shall receive an identification card, the form of which shall be prescribed by the City Council and said identification card must be carried at all times when said member is on duty, and it shall be unlawful for any person to wear, carry or display any identifi- cation card, insignia or otherwise deceitfully represent himself to be connected with the Civilian Protection Corps, unless he is in fact a member thereof. Section 15. ENTERING DWELLINGS. It shall be unlawful for any member of the Auxiliary Police Force, Auxiliary Fireman, Warden or any other member of the Civilian Protection Corps to enter the dwelling or the habitation of another without the con- sent of the owner or the occupant, except when accompanied by a regular member of the Police Department of this City, who then and there requests his aid in the enforcement of the law. Section 16. CONTROL CENTER. There shall be established at some central, safe and enclosed place in this City a room, or rooms, which shall be known as the Control Center, and which shall be used in times of imminent public danger, which term shall include the period of air raid alarm as defined by Ordinance No. 448 of the City of Huntington Beach, as the center from which the Civilian Protection Corps shall be directed and commanded. Section 17. ORGANIZATION OF CONTROL CENTER. (a) The Control Center shall be organized by the Executive Officer of the Staff Corps. During said periods of imminent public danger the activities of all Divisions of Emergency Serv- ice shall be directed and commanded from the Control Center by the Commander and Staff Corps, and the Chiefs of the several divisions of Emergency Service shall attend, either in person, or by their duly appointed alternate, at said Control Center during said periods of imminent public danger to direct as far as possible the emergency activities of their divisions from the Control Cen- ter. The Executive Officer shall arrange for the American Red 312 ORDINANCE NO. 456 Cross to send representatives to the Control Center for the pur- pose of assisting in the emergency work thereof and arrange for sufficient auxiliary police force to guard said Control Center. (b) The Executive Officer shall arrange for the installation in the Control Center of such communication facilities as may be necessary to enable the several Chiefs of the Divisions of Emergency Service to keep in touch with and superintend the work of their respective Divisions during said periods of immi- nent public danger and to enable the Control Center to keep in constant touch with the County Control Center, or other Con- trol Center of any larger area in which this City may be included fcr purposes V i el—onal co-) dination en l mutual aid, or the Control Center of any higher level of government, and to enable the Control Center to receive the messages and warnings of the United States Air Raid Warning System. The Executive Officer shall arrange for an adequate number of messengers to carry messages to and from the Control Center in the event of the failure of communication facilities or other necessity, and shall arrange for a properly protected room for them and for parking facilities for their vehicles as close to the Control Center as possible. The Executive Officer shall arrange for an alternative Control Center for use in case the primary Control Center is damaged or destroyed. (c) The Chief of each Division of Emergency Service shall _ install in the Control Center such maps, files and office equip- ment and shall provide such assistants as may be necessary to carry on efficiently the work of his Division of Emergency Serv- ice during periods of imminent public danger. (d) During said periods of imminent public danger the Staff Corps shall keep all Control Centers, referred to herein fully in- formed concerning conditions within the City and the necessity for and availability of personnel and equipment for mutual as- sistance. All requests to or from other communities for assistance shall be cleared through such last mentioned Control Centers ana shall be complied with to the fullest extent that circumstances will permit. (e) In the event this City is included in any plan for a larger or higher Control Center, which plan calls for the presence there- in of a representative of any of the Divisions of Emergency Serv- ice of this City, the Chief of such Division may be authorized by resolution of the City Council to participate in such plan and to arrange for such representation. Section 18. PENALTY. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not to exceed Three Hundred Dollars ($300.00) or by imprisonment in the County Jail of not to exceed three (3) months, or by both such fine and imprisonment. Section 19. EMERGENCY CLAUSE. That this ordinance, be- ing an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the preamble hereto, shall take effect and be ORDINANCE NO. 456 313 in force from and after the passage and adoption hereof. Section 20. SAVING CLAUSE. If any provision of this ordi- nance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect with- out the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. Section 21. CERTIFICATION. The City Clerk shall certify to 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, California. Enacted June 1, 1942. ORDINANCE NO. 457 315 ORDINANCE NO. 457 0 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROHIBITING OPEN FIRES WITHIN THE CITY DURING HOURS OF DARKNESS AND PROVIDING PENALTY THEREFOR. WHEREAS, the United States of America is at war, and WHEREAS, The City of Huntington Beach, because of its 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 of signals to the enemy. NOW, THEREFORE, in and by the above preamble and state- ment the Council declares and defines that an emergency exists necessitating the following ordinance for the immediate preserva- tion of the public peace, property, convenience, health and safety; WHEREFORE, the City Council of the City of Huntington Beach, California, do ordain as follows; Section 1. The term "open fire" as used in this ordinance shall be construed to mean and shall mean any fire built in the open air and outside of a closed 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 or private property within the city limits of the City of Huntington Beach between the hours of one hour before sunset and one hour after sunrise on any day. Section 3. Any person violating the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Three Hundred Dollars ($300.00), 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 4. 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. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase thereof, irrespective'of the fact that any one or more sec- tions, subsections, sentences, clauses or phrases be declared un- constitutional. Section 5. That this ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 6. The City Clerk shall certify to the passage and adop- tion 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, California. Enacted June 1, 1942. ORDINANCE NO. 458 317 ORDINANCE NO. 458 0 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROHIBITING SALE, DISCHARGE AND USE OF FIRE WORKS AND EXPLOSIVES WITHIN THE CITY AND PROVIDING PENALTY THEREFOR. WHEREAS, the United States of America is at war, and WHEREAS, the City of Huntington Beach, because of its 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, the use of fire works might seriously hamper and interfere with the defense of the United States, and might expose the oil fields within the City of Huntington Beach and expose the city to serious fire, NOW, THEREFORE, in and by the above preamble and state- ment the City Council declares and defines that an emergency exists necessitating the following ordinance for the immediate preservation of the public peace, property, convenience, health and safety; WHEREFORE, the City Council of the City of Huntington Beach, California, do ordain as follows: Section 1. That it shall be unlawful for any person, firm, cor- poration or association to sell, display, dispose of, give away, store, keep, stock or to discharge fire, explode or set-off any blank cartridge or fire works within the city limits of the City of Hunt- ington Beach. Section 2. Ordinance No. 413, entitled "An Ordinance of the City of Huntington Beach, California, regulating the selling, dis- playing and discharging of fire works, and prohibiting the selling, displaying and discharging of certain types of fire works within the City of Huntington Beach," and all other ordinances in conflict herewith, be, and the same is hereby repealed. Section 3. Any person violating 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 Five Hundred Dollars ($500.00), 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 six (6) months, or by both such fine and imprisonment. Section 4. 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. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause i or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared un- constitutional. Section 5. That this ordinance, being an emergency measure 318 ORDINANCE NO. 458 for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 6. The City Clerk shall certify to the passage and adoption of this ordiannce by a vote of four-fifths of the mem- bers of the City Council and shall thereafter for more public notice cause the same to be published by one insertion in the Hunting- ton Beach News, a newspaper of general circulation, printed, pub- lished and circulated in the City of Huntington Beach, California. Enacted June 1, 1942. ORDINANCE NO. 459 319 ORDINANCE NO. 459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDIN- ANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFI- CERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH", AS AMENDED. The City Council of the City of Huntington Beach, California, does ordain as follows: Section 1. That a new Section shall be added to Ordinance No. 434 entitled: "An Ordinance Fixing and Regulating the Com- pensation of City Officers, Deputies, Assistants and Employees of the City of Huntington Beach", as amended, the same to be known as Section 18b, and to read as follows: Section 18b. That the Director of Civilian Defense of the City of Huntington Beach, California, shall receive a salary of Fifty Dollars ($50.00) 'per month. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in-the Huntington Beach News, a week- ly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adop- tion hereof the same shall take effect and be in force. Enacted June 15, 1942. 1 ORDINANCE NO. 460 321 ORDINANCE NO. 460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDIN- ANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFI- CERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH", AS AMENDED. The City Council of the City of Huntington Beach, California, does ordain as follows: Section 1. That a new Section shall be added to Ordinance No. 434 entitled: "An Ordinance Fixing and Regulating the Com- pensation of City Officers, Deputies, Assistants and Employees of the City of Huntington Beach", as amended, the same to be known as Section 18c, and to read as follows: Section 18c: That the monthly salary of the switchboard op- erator in the life guard department shall be as follows: CLASS A B C $i 5.00 $85.00 $95.00 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly news- paper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. Enacted July 6, 1942. ORDINANCE NO. 462 323 ORDINANCE NO. 462 -4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COM- PENSATION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH". -4- The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That section 19 of Ordinance Number 434 entitled "an Ordinance Fixing and Regulating the Compensation of City Officers, Deputies, Assistants and Employees of the City of Hunt- ington Beach," be and the same is hereby amended to read as fo'lows: Section 19: The following shall be classification and rate of salary or compensation of the several employees and officers of the City of Huntington Beach, California: CITY CLERK'S DEPARTMENT Title of Position A B C D E City Clerk -------------------------------- $125.00 $125.00 Chief Deputy Clerk ................ 145.00 160.00 $170.00 $180.00 3 Deputy Clerks ---------------------- 120.00 13000 140.00 150.00 _ 2 Janitors .................................. 130.00 140.00 150.00 160.00 Gardener ................................... 130.00 140.00 150.00 160.00 3 Stenographers ..................... 50.00 7500 90.00 100.00 CONTROLLER Controller ---------------------------------- 150.00 175.00 TREASURER Treasurer ---------------------------------- 175.00 ATTORNEY Attorney .................................... 150.00 JUDGE Judge ------------------------------------------ 150.00 ASSESSOR 2 Deputy Assessors (Per day) .......................... 4.00 5.00 6.00 POLICE DEPARTMENT Chief of Police ----------------------- 240.00 Assistant Chief of blice .... 180.00 185.00 190.00 10 Patrolmen .......................... 135.00 145.00 160.00 175.00 2 Motor Officers ...................... 150.00 160.00 175.00 185.00 Police Clerk ---------------------------- 125.00 135.00 140.00 150.00 160.00 2 Relief Patrolmen ................ 135.00 145.00 155.00 5 Crossing Guards .................. 50.00 75.00 100.00 125.00 Police Matron-$2.50 per call not to exceed five hours. .50 cents per hour thereafter. 15 Special Officers ................ (Per Day) ......................... 5.00 6.00 If employed for less than one day to be paid at the rate of .75 cents per hour for time actually employed. FIRE DEPARTMENT 324 ORDINANCE NO. 462 Chief .......................................... 200.00 210.00 225.00 2 Mechanics ............................ 160.00 165.00 175.00 7 Engineers .............................. 135.00 145.00 155.00 160.00 175.00 Relief Engineer ---------------------- 135.00 145.00 155.00 160.00 175.00 LIFE GUARD DEPARTMENT Chief Life Guard -------------------- 150.00 160.00 175.00 185.00 195.09 Lieutenant Life Guard .......... 13500 145.00 155.00 8 Life Guards .......................... 11500 125.00 135.00 10 Extra Life Guards (Per Day) .......................... 4.00 Switch Board Operator ........ 75.00 85.00 95.00 TRAILER PARK Caretaker .................................. 135.00 145.00 155.00 6 Assistants ------------------------------ 100.00 110.00 120.00 Office Clerk .............................. 75.00 85.00 95.00 PAVILION Manager ------------------------------------ 150.00 160.00 175.00 Janitor ........................................ 130.00 140.00 150.00 Floormen (per hour) ........... .50 .75 .75 Cashier (per hour) ................ .75 .75 .75 Check Room Attendant (per hour) ------------------------ .50 .60 .75 3 Doormen (per hour) .......... .50 .60 .75 ENGINEERING SERVICE _ City Engineer 230.00 250.00 275.00 285.00 295.00 Principal Assistant Engineer 135.00 150.00 175.00 185.00 195.00 Office Clerk --------------------------- 75.00 90.00 100.00 120.00 130.00 Building Supervisor ................ 50.00 75.00 100.00 110.00 120.00 Electrical Maintenance Man 150.00 165.00 175.00 185.00 195.00 2 Apprentice Electricians .... 75:00 100.00 125.00 135.00 145.00 Street Foreman ------------------------ 150.00 175.00 200.00 21,300 220.00 3 Tractor Drivers ------------------ 135.00 140.00 145.00 15500 165.00 3 Truck Drivers -------------------- 135.00 140.00 145.00 150.00 160.00 2 Motor Grader Operators .. 140.00 150.00 160.00 170.00 185.00 Park Superintendent -------------- 155.00 16500 175.00 18500 195.00 Sewage Plant Operator --------- 155.00 165.00 175.00 185.00 195.00 6 Gardeners ------------------------------ 100.00 125.00 140.00 150.00 160.00 2 Painters ................................ 135.00 145.00 150.00 160.00 170.00 Sign Painter ---------------------------- 150.00 160.00 170.00 180.00 190.00 Chief Auto Mechanic ...---...... 150.00 160.00 175.00 185.00 195.00 3 Auto Mechanics ------------------ 100.00 125.00 135.00 150.00 160.00 15 Laborers (Street Dept.) . 125.00 135.00 145.00 155.00 165.09 3 Janitors ................................. 130.00 140.00 150.00 160.00 2 Janitresses ............................ 60.00 75.00 85.00 90.00 100.00 2 Sweeper Operators .............. 140.00 150.00 160.00 170.00 180.00 2 Utility Men .......................... 145.00 150.00 160.00 175.00 185.00 Wharfinger ................................ 125.00 135.00 140.00 145.00 155.00 Per hr. Per hr. Per Hr. Per hr. Per hr 50 Part Time Laborers .50 .621/2 .65 .75 2 Draughtsmen ------------------------ .621/2 .75 1.00 2 Instrument Men .................. .621/z .75 1.00 ORDINANCE NO. 462 325 2 Rod Men _______________________________ .50 .62Y2 .75 4 Chain Men .50 .62% .62% 4 Inspectors .75 1.00 1.00 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in accordance with the provisions of the Charter. CIVILIAN DEFENSE CORPS Director ...................................... 50.00 1 Office Clerk ......................... 75.00 90.00 110.00 120.00 130.00 2 Office Clerks (per hour).... .50 .60 Section 2: That Ordinance No. 460 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 EN- TITLED: "AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFICERS, DEPUTIES, AS- SISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA," AS AMENDED BE and the same is hereby repealed provided that this ordinance in so far as it affects the classification of Switchboard operator in the Life Guard De- partment shall be construed as a continuation of said Ordinance No. 460. Enacted September 28, 1942. A ORDINANCE NO. 463 327 ORDINANCE NO. 463 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI- FORNIA, DECLARING AND DEFINING AN EMERGENCY TO EXIST, AND ADOPTING PROCLAMATION NO. 10 AS AMENDED REGULATING LIGHTING. WHEREAS, the United States is at War and this City by the provisions of Public Proclamation No. 10 as amended by Public Proclamation No. 12 is located in a military zone of restricted lighting established as a matter of military necessity in order to minimize the danger of enemy attack and to provide maximum protection for war utilities, war materials and war premises. AND WHEREAS, by reason of the immediate threat of enemy attack, compliance with the provisions of Public Proclamation No. 10 as amended by Public Proclamation No. 12 is essential for the protection of the lives and property of the people of the City of Huntington Beach, California. NOW' THEREFORE in and by the above preamble and state- ment the Council declares and defines that an emergency exists ne- cessitating the following ordinance for the immediate preservation o, the public peace. property, convenience, health and safety; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: ThLt J. L. DeWitt, Lieutenant General U. S. Army, Commanding Western Defense Command and Fourth Army, by vir- tue of the authority vested in him by the President of the United States and Executive Order No. 9066, dated February 19, 1942, and pursuant to Public Law 503--77th Congress, approved March 21, 1942, and by virtue of his powers and prerogatives as Commanding Gen- eral of the Western Defense Command, has issued Public Proclamation No. 10, dated August 5, 1942, and effective August 20, 1942, which as amended by Public Proclamation No. 12, dated October 10, 1942, and issued by virtue of the same authority, reads as follows (omit- ting exhibits incorporated therein): HEADQUARTERS WESTERN DEFENSE COMMAND AND FOURTH ARMY Presidio of San Francisco, California PUBLIC PROCLAMATION NO. 10 August 5, 1942 To: The People Within the States of Washington, Oregon and California, and to the Public Generally: WHEREAS, by Public Proclamation No. 1, dated March 2, 1942, this Headquarters, there was designated and established Military Areas Nos. 1 and 2; and WHEREAS, the armed forces of the enemy have made attacks upon vessels of the United States traveling along the Pacific Coastal Waters and upon land installations within said military areas, and it is expected that such attacks will continue; and WHEREAS, it is necessary to provide maximum protection for war utilities, war materials and war premises located within the .states of Washington, Oregon and California against enemy attacks by sea and by air; 328 ORDINANCE NO. 463 NOW THEREFORE, I, J. L. DeWitt, Lieutenant General, U. S. a: Army by virtue of the Authority invested in me by the President of the United States and by the Secretary of War and my powers and prerogatives as Commanding General of the Western Defense Com- mand, do hereby declare that: 1. The present situation requires as a matter of military neces- sity that a Zone of Restricted Lighting be established within Military Areas Nos. 1 and 2, and that illumination within said Zone of Re- stricted Lighting be extinguished or controlled in such a manner and to such extent as may be necessary to prevent such illumination from aiding the operations of the enemy. 2. Pursuant to the determination and statement of military ne- cessity in Paragraph 1 hereof, a Zone of Restricted Lighting as par- ° ticularly described in Exhibit A hereof, and as generally shown on a map made a part hereof and marked Exhibit B, is hereby desig- nated and established. Illumination within the entire area of said Zone of Restricted Lighting shall be extinguished or controlled at all times at night from sunset to sunrise as follows: (a) Signs, Floodlighting, Display and Interior Lighting. Illum- inated signs and ornamental lighting of every description which are located out-of-doors, and flood lighting which illuminates buildings or signs (including but not limited to all exterior advertising signs, bill boards, display lighting, theatre marque signs, illuminated pos- ter panels, and building outline lighting,) and all interior light sources (as hereinafter defined) which emit direct rays above the horizontal out-of-doors, shall be extinguished. The words, "light sources", as used herein are intended and shall be construed to mean and include any light generating elements and the bright portion of any reflector, lens luminaire, transparency, or other equipment associated herewith for the control or diLusion of light. This section 2 (a) shall not apply to illumination for industrial or protective purposes except to the ex- tent provided for in Section 2(b) hereof. (b) Illumination of Outdoor Areas; Street and Highway Lights. Illumination of outdoor areas and industrial and protective illumina- tion, shall be controlled as follows: (1) Except as provided in Section 2(b) hereof, illumination on all outdoor areas (including but not limited to automobile service station yards, outdoor parking areas, recreation areas and outdoor structures and roofs) shall not exceed one foot candle at any point when measured on a horizontal plane at any level of such outdoor areas, and all outdoor light sources shall be shielded so that no direct rays from the light source are emitted above the horizontal. All in- terior lighting of every description shall be reduced or controlled so that it does not contribute more than one foot candle of illumination upon any outdoor area. All street and highway lights also shall be shielded so that each light source emits no more than ten percent of its total lamp lumens at angles above the horizontal. Provided the toregoingg-requirements are met, any further reduction or extinguish- ment of street or highway illumination which would unnecessarily aggravate traffic hazards is not required. - (2) Variations from the foregoing requirements shall be permit- ted in the case of illumination for industrial and protective purposes, If and from industrial processes, whether interior or exterior, but not ORDINANCE NO. 463 329 including street or highway lights, only when and to the extent that ` it is necessary to vary from such requirements in order to achieve and maintain maximum efficiency; but only with the written approval of the Ninth Regional Civilian Defense Board, obtained in advance. (c) Traffic Signs and Signals. Illuminated signs and signals which are authorized or maintained by government authority for the purpose of controlliing or directing street or highway traffic shall be shielded so that no direct rays from the light source are emitted �Ibove the horizontal in respect to lights mounted ten feet or more bcve the ground or above an angle of more than six degrees above the horizontal in respect to lights mounted less than ten feet but more than three feet above the ground, or above an angle of more than twelve degrees above the horizontal in respect to lights mounted less than three feet above the ground. Relative variations in the upward limit of light are permissible to compensate for grades. (d) Navigation and Railroad Lights. Authorized lights necessary to facilitate air or water navigation, authorized railroad signal lights, and headlight; of railroad loccmotives when in motion, are hereby excepted from all provisions of this proclamation. (3) In addition to the restrictions herembefore imposed, illum- ination within that part of the zone of Restricted Lighting which is visible from the sea, as hereinafter defined, shall be further dimin- ished or obscured at all times at night from Sunset to Sunrise, as fol- lows: (a) Street, Highway and Traffic Lights. Street and Highway Lights, and illuminated signs (but not signals) which are authorized or maintained by governmental authority for the purpose of con- trolling or directing street or highway traffic and which are visible irom the sea, shall be so shielded that they are not visible from the sea at night and so that no direct rays from the light source are emitted above the horizontal. (b) Residential, Commercial and Industrial Windows. No light- ing shall be permitted behind windows or glazed doors visible from the sea unless they are covered by drapes or shades. (c) Street and Highway Traffic. Within areas visible from the sea, but subject to the exceptions hereinafter stated, vehicles shall operate at night with no more than two lighted driving lamps, re- gardless of the direction of travel, and each such lamp shall provide a maximum of not more than 250 beam candlepower.Normal rear lights, license plate lights and clearance lights (where required by law) are lermitted.Vehicles which are classified as authorized emergency vehi- cles under the applicable Federal, State or local law, when operated by authorized personnel, and when displaying an illuminated red spotlight, and when responding to a fire alarm, or when in the im- mediate pursuit of an actual or suspected violator of the law, or when going to or transporting a person who is in apparent need of immedi- ate emergency medical or surgical care, or when responding to some rther emergency involving the protection of life or property, shall be excepted from the foregoing provision. (d) Industrial and Protective Illumination. Light sources for in- dustrial purposes and light from industrial processes within areas visible from the sea, shall comply with the requirements of Section 2(b) hereof, and shall be also shielded so that they are not visible 330 ORDINANCE NO. 463 r from the sea at night; provided, that the variations from these re- quirements, may be permitted in the case of illumination for indus- trial and protective purposes, and from industrial processes, whether interior or exterior (but not including street or highway lights), only when and to the extent that it is necessary to vary from such require- ments in order to achieve and maintain maximum efficiency; but only with the written approval of the Ninth Regional Civilian Defense Board, obtained in advance. (e) Other Illumination. Except as hereinabove provided in this Section 3, all other lights visible from the sea are prohibited at night. including but not limited to light from fires, bonfires, parked cars, flashlights and lanterns. (f) Definition of "Visible from the Sea." The phrase "visible from the sea," as used herein, is intended and shall be construed to mean and include the following: Visible at any time from the waters of the Pacific Ocean, or from the waters of the Straits of Juan de Fuca lying south of a line extending due east from the most southerly point of Vancouver Island and west of a line running due north and south through the easternmost point of the easterly boundary line-of the City of Port Townsend, Washington, or visible from any of those bodies of water located on the shoreline of the State of California generally known and described as follows:. Santa Monica Bay; Santa Barbara Channel; San Luis Obispo Bay; Estero Bay; and Monterey Bay; Provided, however, that the waters of San Francisco Bay, lying east- erly of a line extending from Point Bonita through Mile Rock, is not intended and shall not be construed to be a part of the sea; and solely for the purpose of Section 3 hereof, concerning street and high- way traffic, the phrase, "areas visible from the sea," is also intended and shall be construed to mean and include that portion of streets or highways which may not in fact be visible from the sea but which is within areas generally visible from the sea. 4. Any person violating any of the provisions of this proclama- tion, or orders issued pursuant thereto, is subject to immediate ex- clusion from the territory of the Western Defense Command, and to the criminal penalties provided in Public Law No. 503, 77th Congress, approved March 21, 1942, entitled "An Act to Provide a Penalty for the Violation of Restrictions or Orders with Respect to Persons En- tering, Remaining in, Leaving, or Committing any act in Military Areas or Zones." . 5. The Ninth Regional Civilian Defense Board is hereby desig- nated as the primary agency to aid in the enforcement of the fore- going provisions. It is requested that the Civil law enforcement agen- cies and State and local governmental bodies within the areas af- fected by this proclamation assist the Ninth Regional Civilian Defense Board in the enforcement hereof. 6. This proclamation shall become effective August 20, 1942. J. L. DeWitt Lieutenant General, U. S. Army, Commanding ORDINANCE NO. 463 331 Section 2. That said Public Proclamation No. 12, in addition to amending Public Proclamation No. 10 as hereinabove set forth, con- tains the following paragraphs: "B. This Proclamation shall become effective October 25, 1942, except those provisions of Subsection 2 (b) (1) hereof, concerning street and highway lights, which shall become effective November 12, 1942." "C. The recitals set forth in the first three paragraphs of said Public Proclamation No. 10 are hereby reaffirmed. Except as here- inbefore expressly amended, all the provisions and determinations expressed in said Public Proclamation No. 10 shall remain in lull force and effect." Section 3. That the City of Huntington Beach, California, here- by recognizes that Civil and Military necessity for the concurrent enforcement of the provisions of Public Proclamation No. 10, as amended as aforesaid, by the City of Huntington Beach, and the Federal Government. Section 4. That the City of Huntington Beach, California, is within the Zone of Restricted Lighting, designated and established by Section 2 of said Public Proclamation No. 10 as amended as afore- said. Section 5. Whoever on or after October 25, 1942, shall commit any act in the City of Huntington Beach, California, contrary to the provisions of Section 2 or Section 3 of Public Proclamation No. 10 as amended as aforesaid, which amended proclamation is hereinabove set forth in full, shall be guilty of a violation of this Ordinance which violation shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $300.00 or by imprison- ment for not to exceed three months, or by both such fine and im- prisonment. Section 6. 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 the Ordinance. The City Council of the City of Huntington Beach, Califor- nia hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase thereof, ir- respective of the fact that any one or more sections, subsections, sen- tences, clauses, or phrases be declared unconstitutional. Section 7. That this Ordinance, being an emergency measure for the immediate preservation of the Public Peace, property, health, and safety, which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 8. The City Clerk shall certify to the passage and adop- tion of this Ordinance by a vote of four-fifths (4/5) 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, California. Enacted October 23, 1942. ORDINANCE NO. 464 333 ORDINANCE NO. 464 _0- AN ORDINANCE PROVIDING FOR SALARY PAY ROLL DE- DUCTIONS FOR OFFICERS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, FOR THE PUR- POSE OF PURCHASING UNITED STATES SAVINGS BONDS (DEFENSE BONDS) OR SIMILAR UNITED STATES OBLI- GATIONS, AND PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND TO BE DESIGNATED AS "EMPLOYEES DEFENSE BONDS TRUST FUND." -0- WHEREAS, the people of the United States are engaged in a war the successsful prosecution of which is necessary in order to maintain our democratic form of government and its freedoms as guaranteed by the Bill of Rights, and WHEREAS, the Federal Government has instituted a demo- cratic program of financing the tremendous cost of the war and is asking all citizens to purchase defense bonds, and WHEREAS, the authority for public officers and employees to request payroll deductions for purchasing defense savings bonds will materially expedite and enhance the program of the Federal Government, and WHEREAS, Chapter 2 of the Session Laws adopted by the Fifty-fourth (Second Extraordinary) Session of the Legislature of the State of California, provides that the governing bodies of coun- ties, cities and counties, cities, municipal corporations, political subdivisions, public districts and other public agencies of the State of California are authorized to provide for the purchase of United States savings bonds or similar United States obligations by salary or wage deductions for those officers and employees who make written requests for such deductions and such purchases, and WHEREAS, by said Act of the Legislature, all auditors, treas- urers, and other disbursing officers are authorized to recognize and act upon such requests for salary or wage deductions and io establish special accounts for each such officer and employee so that sufficient funds may be accumulated to the credit of such officer or employee for the purchase of United States savings bonds, or similar United States obligations, all such funds so ac- cumulated to constitute trust funds NOW THEREFORE, in and by the above preamble and state- ment the City Council declares and defines an emergency exists necessitating the following ordinance for the immediate preserva- tion of public peace, property, convenience, health, safety and welfare; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: Any officer or employee of the City of Huntington Beach may authorize the purchase, by the city treasurer, from 334 ORDINANCE NO. 464 trust funds derived through voluntary pay roll deductions, of United States savings bonds (Defense Bonds) or similar United States obligations, on behalf of and to the credit and for the issu= ante to such officer or employee. The authorization for such pay roll deduction. shall be in such Corm as the city controller may determine, shall be signed by the officer or employee and delivered to the city controller and there- after, and until revoked or cancelled by such officer or employee, shall be effective as to each and every pay roll. Each pay roll upon which any deductions are made as authorized herein shall be accompanied by a check or demand upon the Salary Account against which such pay roll is issued in favor of the "Employees Defense Bonds Trust Fund" hereinafter established by this ord- inance. Section 2. The board, officer or employee, having the man- agement or control of any department or office is hereby author- ized and directed, when notified so to do by the controller, to make or cause to be made deductions from the salary of any officer or employee for the payment into said trust fund of the amounts authorized by said officer or employee to be deducted for the purchase of the bonds referred to in Section 1 hereof. Section 3: The controller shall perform such duties as may be necessary in the handling of such deductions and shall perform any allied clerical work pertaining thereto. He shall deliver to the city treasurer the checks or demands drawn in favor of said trust fund as provided in Section I hereof. Section 4: The payment to any officer or employee of a pay roll check or demand equal to the difference between the salary earned and the deductions made pursuant to this ordinance, shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such employee during the period covered by such pay roll check or demand. Section 5: That a trust to be designated as "Employees De- fense Bonds Trust Fund" is hereby created and established and the city treasurer shall adminster the same in accordance with the pro- visions hereof. It shall be his duty to receive all amounts deducted from pay rolls as herein provided and place the same in the trust fund hereby established and to keep separate accounts showing the amounts which accumulate in the name and to the credit of each officer or employee authorizing such pay roll deductions Whenever there shall accumulate to the credit of any such office] or employee an amount of money in their respective accounts suf- ficient for the purchase of a United States savings bond or bonds, or similar United States obligations, as authorized, by such officer or employee, the city treasurer shall forthwith purchase and issue to such officer or employee, or to their duly authorized repre- sentatives a bond or bonds or other United States obligations so purchased by him in their behalf. Before delivering any of the bonds so purchased the city treasurer shall require each such ORDINANCE NO. 464 335 officer or employee or their duly authorized representatives to execute proper instruments evidencing the issuance and delivery of such bonds or similar United States obligations. Section 6: In the event that any officer's or employee's term of service or employment with the city terminates before the amount of his authorized deductions has accumulated in his ac- count to an amount sufficient to purchase the bond or bonds, or in the event any such pay roll deduction is revoked or cancelled, a demand shall be drawn upon such fund for the amount then standing to the credit of said officer or employee to be delivered to him upon the closing of said account. Section 7: If any section, subsection, sentence, clause or phrase of this Ordinance for any reason is held to be unconstitu- tional, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Hunt- ington Beach, California, hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be de- clared unconstitutional. Section 8: That this Ordinance, being the emergency measure, the immediate preservation of public peace, property, health safety and general welfare which emergency is set forth and de- fined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Enacted December 7, 1942. ORDINANCE NO. 465 337 ORDINANCE NO. 465 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO- VIDING FOR THE ADMINISTRATION OF THE VICTORY TAX WITHIN SAID CITY. WHEREAS, the Revenue Act of 1942 imposes a levy of 5% on the gross income, defined as the victory tax net income, of every individual, which is required to be collected at the source by employers; WHEREAS, municipal employees are subject to the tax and municipalities are made withholding agents and required to with- hold such tax and to return and pay over the proceeds thereof to the Federal Government; WHEREAS, the tax attaches to all wages paid as income after January 1, 1943, regardless of when they are earned; and WHEREAS, deductions, at the option of the employer, may be computed on the amount actually paid at any payroll period or upon the basis of wage bracket withholdings set forth in the Act Section 466 (c) (1) for any payroll period. NOW THEREFORE the City Council of the City of Hunting- ton Beach, California, does hereby ordain as follows: Section I. That, beginning with the first payroll after Janu- ary 1, 1943, the City Clerk, is hereby authorized and directed to deduct and withhold from the wages or salary paid to each officer or employee of the city the Victory Tax in such amount as is re- quired by the Revenue Act of 1942 based on the wage bracket withholding authorized under Section 466 (c) (1) of that Act (or 5% of the amount actually paid at any payroll period) on every payroll. Section II. The City Clerk at the time of making up the pay- roll or immediately thereafter, shall transfer the moneys deducted therefrom under the provisions of this Ordinance to the City Treas- urer for deposit in a separate account in the same bank where other funds of said City are deposited, where they shall be de- posited and designated as a "Victory Tax Account held for the benefit of the Collector of Internal Revenue." The moneys accum- ulated from such withholdings during each quarter of the calendar year shall be paid by the City Treasurer to the United States Col- lector of Internal Revenue for the District in which this City is located on or before the last day of the month following the close of any such quarter. Section III. On or before January 31 of each year subsequent to 1943, or when the last payment of wages is made, if employ- ment is terminated before the close of the calendar year, the Clerk shall furnish to each employee with respect to his employment during the calendar year, a written statement showing the wages for the period covered and the amount of the tax withheld and paid in respect to such wages. A copy of this statement for every employee shall be included with the final return for the calendar year to the Collector of Internal Revenue. The aforesaid officer shall keep such records and make such reports to the Bureau of 338 ORDINANCE NO. 465 Internal Revenue of wages paid and the tax collected and paid with respect thereto as that Bureau may require and prescribe. Section IV. The taxes to be withheld and collected under this Ordinance shall not apply to any taxable year commencing after the date of cessation of hostilities in the present war and the account established for the receiving of tax funds hereunder shall be closed with the last payment to the Federal Government of the funds withheld. The operation of this Ordinance shall termin- ate at that time or sooner if the victory tax is terminated by Federal Action prior to that time. Section V. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published by one in- sertion in the Huntington Beach News, a weekly newspaper print- ed, published and circulated in the City of Huntington Beach, and thereafter it shall be in force and effect. Enacted February 2, 1943. ORDINANCE NO'. 466 339 ORDINANCE NO. 466 ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND- ING ORDINANCE NO. 448 ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RELATING TO AIR RAID PRECAU- TIONS." The City Council of the City of Huntington Beach, California do ordain as follows: Section 1. That Section 4 of Ordinance No. 448, entitled "An Ordinance of the City Council of the City of Huntington Beach, California, Relating to Air Raid Precautions," be and the same is hereby amended so as to read as follows: "Section 4. The maintenance or leaving of any illumination, except within a blackout structure, without provision for its ex- tinguishment, within one minute after the commencement of a per- iod of air raid alarm by a competent person over the age of eight- een years attendant at a place where such illumination is con- trolled, is hereby prohibited; provided, however, that this ordin- ance shall not prohibit the maintenance of any warning light or lantern in or about any excavation or obstruction in any public way or place, or at any place of danger upon public or private property, when such warning light or lantern is required to be maintained by any other law or ordinance and is so designed as to emit no illumination upward in excess of twelve degrees from the horizontal, and conforms to the standard prescribed by the Ninth Regional Civilian Defense Board and approved by the Com- manding General of the Western Defense Command and Fourth Army.,' Section 2: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published by one in- sertion in the Huntington Beach News, a weekly newspaper print- ed, published and circulated in the City of Huntington Beach, and thereafter it shall be in force and effect. Enacted February 2, 1943. ORDINANCE NO. 467 341 ORDINANCE NO. 467 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CREATING A CITIZENS' SERVICE CORPS PROVIDING THE ORGANIZATION, POWERS AND DUTIES THEREOF. WHEREAS, the City of Huntington Beach desires to partici- pate more fully in the war effort and in order to do its part it is necessary to establish a Citizens' Service Corps. NOW, THEREFORE, in and by the above preamble and state- ment the City Council Declares and defines that an emergency exists necessitating the following ordinance for the immediate preservation of the public peace, property, convenience, health and safety. WHEREFORE, the City Council of the City of Huntington Beach, California, do ordain as follows: Section 1:, CITIZENS' SERVICE CORPS. A Citizens' Service Corps is hereby established within the City of Huntington Beach, California, to consist of the Staff Corps and eight divisions. Said Staff Corps and divisions shall be composed of officers and units as follows: (a) Staff Corps: (1) Mayor, who shall be chairman of the Staff Corps; provided that the Mayor may appoint a Councilman as vice-chairman. (2) Executive Director oL Citizens' Service Corps, which position is hereby established hereinafter referred to asp Executive Director. (3) City Clerk (4) City Attorney (5) Chairman of each division, which position is hereby established. (b) Division of Health, Welfare and Recreation. (1) Unit of Health and sanitation. (2) Unit of welfare and child care.. (3) Unit of recreation. (4) Unit of nutrition. (5) Unit of service to service men. (c) Transportation, Housing and Industry. (1) Housing unit. .(2) Transportation unit. (3) Industrial unit. (d) Division of Salvage. (e) Consumers' Interest. (1) Unit of price control and rationing. (2) Consumers' requirements and conservation. (f) Division of Agriculture. (1) Victory Gardens. (g) Division of Schools and Education. (1) School participation. 342 ORDINANCE NO. 467 (2) Library service. (h) Division of War Bonds and Stamps. (i) Division of Block Leaders. Section 2: APPOINTMENT, The Executive Director shall be appointed by the Mayor subject to the approval of the City Coun- cil, and the members of the various divisions shall be appointed by the Executive Director subject to the approval of the City Defense Council. Each unit shall be headed by a sub-chairman to be appointed by the Executive Director subject to the approval of the City Defense Council. Section 3: DUTIES. The Executive director together with the Staff Corps should organize, supervise and direct the Citizens' Service Corps in conformity with policies to be established by the City Defense Council and approved by the City Council. In the establishment of such policies consideration shall be given to the recommendations of the Federal Director of Civilian Defense and other appropriate Federal and State officers and agencies. Section 4: The City Defense Council shall determine the num- ber of members to be appointed to each of the divisions of the Service Corps and the units thereof. Section 5: OATH OF OFFICE. Every member of the Citi- zens' Service Corps shall take such oath of office as may be pre- scribed by the City Defense Council at such time as such council shall determine. Section 6: IDENTIFICATION. No member, trainee or aux- iliary of the Service Corps shall wear or use any form of insignia authorized and prescribed by the Federal Director of Civilian De- fense or the City Defense Council uniess and until he shall be authorized by the City Defense Council, in accordance with the regulations of the Federal Director of Civilian Defense or the City Defense Council, to wear such insignia. No other person shall be entitled to wear or use such form of identification, nor shall any other person represent himself to be a member of such de- partment. Any person resigning or removed from his position as a member of the department to which he has been appointed or ceasing to act for any reason, shall immediately surrender to the person or agency from which the same was received any arm band, card or other means of identification prescribed for persons appointed pursuant to this ordinance and all other equipment, materials or supplies entrusted to him by or on behalf of .the city. Any person wearing or possessing, without proper authorization, the forms of insignia or other methods of identification restricted to members of the department or who falsely represents himself to be a member of such department, shall be guilty of a misde- meanor and upon conviction shall be punishable by a fine of not to exceed $100 or imprisonment of not to exceed 30 days, or both. Section 7: THE REPORT TO THE CITY COUNCIL. The ex- ecutive Director shall prepare and submit to the City Council a monthly report of the activities of the Service Corps, which shall ORDINANCE NO. 467 343 include the appointment of personnel. Section 8: That this ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 9: The City Clerk shall certify to 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, California. Enacter February 15, 1943. ORDINANCE NO. 468 345 ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORD- INANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH", AS AMENDED. The City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: That a new Section shall be added to Ordinance No. 434 entitled: "An Ordinance Fixing and Regulating the Com- pensation of City Officers, Deputies, Assistants and Employees of the City of Huntington Beach", as amended, the same to be known as Section 18c, and to read as follows: Section 18c: That the following shall be the classification and rate of salary or compensation of the several employees in the Citizens' Service Corps. Title of Position A. B. C. D. Executive Director per month $50.00 Office Clerks per hour .............. .50c .60c .65c .75c Section 2: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by One insertion in the Huntington Beach News, a week- ly newspaper, printed, published and circulated in the City of Huntington Beach, Orange County, California, and thereafter shall be in force and effect. Enacter February 15, 1943. ORDINANCE NO. 469 347 ORDINANCE NO. 469 —o— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 322 OF SAID CITY, ENTITLED: "AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AND REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF HUNTINGTON BEACH AND REPEALING ALL ORDINANCES INCONSISTENT HERE- WITH", AS AMENDED. The City Council of the City of Huntington Beach, California, i do ordain as follows: Section 1: That Section 23 of Ordinance No. 322 as amended, be and the same is hereby amended so as to read as follows: Section 23. The following street intersections in the City of \Huntington Beach are hereby designated as "STOP" intersections: \1�-- Main Street and Magnolia Avenue. 2. Main Street,and Fifth Street and Frankfort Street Extension. 3. Main Street and Seventeenth Street. 4. Alabama Street and Frankfort Street Extension. 5. Delaware Avenue and Indianapolis Street. 6. Delaware Avenue and Frankfort Street. 7. Summit Avenue and Main Street. All vehicles entering or crossing said intersections are hereby required to stop at the following entrances thereof, provided said entrances are clearly marked or sign-posted as required by the Vehicle Code of the State of California. 1. MAIN STREET AND MAGNOLIA AVENUE: All vehicles entering or crossing said intersection from MAGNOLIA AVENUE are required to stop at the entrance thereof. 2. MAIN STREET AND FIFTH STREET AND FRANKFORT STREET EXTENSION: All vehicles entering or crossing said in- tersection from FIFTH STREET or from FRANKFORT STREET EXTENSION are required to stop at the entrance thereof. 3. MAIN STREET AND SEVENTEENTH STREET: All vehi- cles entering or crossing said intersection from SEVENTEENTH STREET are required to stop at the entrance thereof. _ 4. ALABAMA AVENUE AND FRANKFORT STREET EX- TENSION: All vehicles entering or crossing said intersection from ALABAMA AVENUE are required to stop at the entrance thereof. 5. DELAWARE AVENUE AND INDIANAPOLIS STREET: All vehicles entering or crossing said intersection from INDIANAPO- LIS STREET are required to stop at the entrance thereof. 6. DELAWARE AVENUE AND FRANKFORT STREET: All :�`vehicres�entering or.crossing said intersection from DELAWARE AVENUEre hereby required to stop at the entrance thereof. 7. SUMMIT AVENUE AND MAIN STREET: All vehicles en- tering or crossing said intersection from the WESTERLY SIDE r 348 ORDINANCE NO. 469 OF MAIN STREET are hereby required to stop at the entrance ` thereof. The Chief of Police is hereby authorized and directed to place and maintain a "STOP" sign at or near the entrance of the inter- section where said stop is required. Said "STOP" sign shall com- ply with the provisions of said Vehicle Code of the State of Cali- fornia. Section 2: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be pub- lished by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Hunt- ington Beach, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. Enacted March 15, 1943. ORDINANCE NO. 470 349 ORDINANCE NO. 470 —o— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 ENTITLED: "AN ORDINANCE FIXING AND REGULATING THE COM- PENSATION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH." —o— The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That Section 12 of Ordinance No. 434 entitled "An Ordinance Fixing and Regulating the Compensation of City Offi- cers, Deputies, Assistants and Employees of the City of Huntington Beach, be and the same is hereby amended so as to read as fol- lows: Section 12. POLICE DEPARTMENT. The Chief of Police shall be allowed one Assistant Chief of Police, not to exceed ten patrolmen, two motor officers, one police clerk; a police matron shall be employed by the Chief of Police at such times as the duties of his office may require. With the approval of the City Council the Chief of Police may appoint two crossing guards. The Chief of Police may appoint special officers not exceeding fifteen on holidays and celebrations and for emergencies, subject to the approval of the City Council. The Chief of Police and the various officers in his department herein provided for shall receive the salary and compensation set forth in Section 19 of this Ordinance. Section 2: That Section 13 of Ordinance No. 434 entitled "An Ordinance Fixing and Regulating the Compensation of City Offi- cers, Deputies, Assistants and Employees of the City of Huntington Beach," be and the same is hereby amended so as to read as fol- lows: Section 13: COLLECTOR. The Collector shall be appointed by the City Council and shall hold office at their pleasure. The Collec- tor may appoint the City Treasuer and may appoint the City Clerk and any or all of his deputies or any deputy assessor as deputy collector, with the consent of the City Clerk, subject, however, to the approval of the City Council. The Collector and his deputies shall receive such salary in compensation as is provided in Sec- tion 19 of this Ordinance. Section 3: That Section 19 of Ordinance No. 434 entitled "An Ordinance Fixing and Regulating the Compensation of City Offi- cers, Deputies, Assistants and Employees of the City of Huntington Beach," as amended be and the same is hereby amended so as to read as follows: Section 19. The following shall be classification and rate of salary or compensation of the several employees and officers of the City of Huntington Beach, California: CITY CLERK'S DEPARTMENT Title of Position A B C D City Clerk ............................... $125.00 Chief Deputy Clerk ................ 160.00 170.00 180.00 190.00 350 ORDINANCE NO. 470 3 Deputy Clerks ...................... 130.00 140.00 150.00 160.00 2 Janitors ---------------------------------- 140.00 150.00 160.00 170.00 Gardener .................................... 140.00 150.00 160.00 170.00 3 Stenographers (hourly rate) .50 .60 .67Y2 .75 CONTROLLER Controller ---------------------------------- $150.00 $175.00 $200.00 TREASURER Treasurer .................................. $195.00 ATTORNEY Attorney ---------------------------------- $150.00 JUDGE Judge ------------------------------------------ $150.00 ASSESSOR 1 Assistant Assessor ------------- $25.00 $35.00 $50.00 2 Deputy Assessors (per day) 4.00 5.00 6.00 COLLECTOR Collector .................................... $25.00 $35.00 $50.00 1 Deputy Collector ................ 15.00 25.00 40.00 Title of Position A B C D E POLICE DEPARTMENT Chief of Police ...................... $240.00 Assistant Chief of Police ...... 190.00 $200.00 $210.00 $220.00 $230.00 10 Patrolmen ............................ 160.00 175.00 190.00 205.00 215.00 2 Motor Officers ...................... 160.00 175.00 190.00 205.00 215.00 Police Clerk .............................. 150.00 160.00 175.00 190.00 2 Relief Patrolmen 160.00 175.00 190.00 5 Crossing Guards ................... 4.00 5.00 6.00 (per day) Police Matron .......................... 3.00 per call not to exceed five hours. .60 per hour thereafter. 15 Special Officers (per day) 5.00 6.00 7.50 FIRE DEPARTMENT Chief ......................................... $210.00 $225.00 $240.00 $255.00 $275.00 2 Mechanics .............................. 165.00 175.00 190.00 205.00 7 Engineers ............................. 165.00 175.00 190.00 205.00 Relief Engineer ........................ 165.00 175.00 190.00 LIFE GUARD DEPARTMENT Chief Life Guard .................. $170.00 $185.00 $200.00 Lieutenant Life Guard ---------- 135.00 145.00 155.00 8 Life Guards ------------------- ---.... 125.00 135.00 145.00 10 Extra Life Guards (per day) 4.00 4.50 5.00 Switch Board Operator ........ 85.00 95.00 105.00 120.00 TRAILER PARK Caretaker .................................. $145.00 $155.00 $165.00 $175.00 6 Assistants -------------------------------- 100.00 110.00 120.00 130.00 Office Clerk .............................. 75.00 85.00 105.00 120.00 PAVILION Manager ................................. $150.00 $160.00 $175.00 Janitor .......................................... 140.00 150.00 160.00 $170.00 Floormen (per hour) -------------- .50 .75 .85 1.00 Cashier (per hour) ............... .50 .75 .85 1.00 Check Room Attendant ORDINANCE NO. 470 351 (per hour) --------------- ------ .50 .60 .75 .85 3 Doormen (per hour) ............ .50 .60 .75 1.00 ENGINEERING SERVICE City Engineer .............I..............$250.00 $275.00 $300.00 $325.00 3 So Principal Assistant Engineer.. 150.00 175.00 190.00 210.00 3- L'r Office Clerk ............................. 130.00 140.00 150.00 160.00 / 7 O Electrical Maintenance Man- 16500 175.00 185.00 190.00 o a 2 Apprentice Electricians ...... 100.00 120.00 135.00 150.00 / G V Street Foreman ..................... 180.00 195.00 210.00 235.00 2 X0 3 Tractor Drivers .................... 160.00 170.00 180.00 190.00 7•o a 3 Truck Drivers ------------------------ 135.00 145.00 160.00 175.00 / 8 2 Motor, Grader Operators ---- 160.00 170.00 180.00 190.00 7-o o Park Superintendent .............. 165.00 175.00 185.00 200.00 Sewage Plant Operator ......... 175.00 185.00 195.00 210.00 �i- 7- 6 Gardeners ..._----------------------- 145.00 150.00 160.00 170.00 1004 2 Painters .................................. 145.00 155.00 160.00 175.60 / 90 Sign Painter .............................. 175.00 190.00 200.00 210.00 1 1'6 Chief Auto Mechanic ...------- 165.00 185.00 195.00 205.00 3L/O 3 Auto Mechanics .................... 140.00 150.00 160.00 175.00 / 8f 15 Laborers (Street Dept.) ---- 135.00 145.00 160.00 175.00 / it J_ 3 Janitors .................................. 135.00 ,145.00 160.00 175.00 / 8 d 2 Janitresses 75.00 85.00 95.00 105.00 / /X_ 2 Sweeper Operators .............. 150.00 160.00 170.00 180.00 / f O L 2 Utility Men ............................ 165.00 180.00 195.00 210.00 2 7-0 Wharfinger 130.00 140.00 150.00 160.00 0 Per hr. Per hr. Per Hr. Per hr. 50 Part time Laborers ............ .65 .75 .80 .90 A 2 Draughtsmen .......................... .65 .75 1.00 /,"/3'L• ; 2 Instrument Men .................... .65 .75 1.00 2 Rod Men .................................. .50 62% .75 4 Chain Men ---------------------------- .50 .62% .75 4 Inspectors .------_-------------------- .75 .85 1.00 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in accord- ance with the provisions of the Charter. 9 CIVILIAN DEFENSE CORPS Director .....................................-. $50.00 1 Office Clerk ---------------------------- 100.00 $110.00 $120.00 $130.00 2 Office Clerks (per hour).... .50 .60 .65 .75 CITIZENS SERVICE CORPS Executive Director , $50.00 Office ClerkA(per hbur.)�,-r�'"""5 y 60 ' ' .65 .75 Section �` That Ordinance No. entitled, "AN ORDIN- ANCE OF THE CITY COUNCIL OF THE CITY OF HUNTING- TON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 ENTITLED IAN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFICERS, DEPUTIES, ASSIST- ANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON , BEACH, CALIFORNIA-" AS AMENDED; a an the same rs here- by repealed provided that this ordinance insofar as it affects the classification of erviee-Corp$ shall �- k"V 352 ORDINANCE NO. 470 be construed as a continuation of said Ordinance No. 496- '1 7 Section 5: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspa- per, printed, published and circulated in the City of Huntington Beach, Orange County, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. Enacted March 15, 1943. ORDINANCE NO. 470 351 (per hour) ---------------- ------ .50 .60 .75 .85 to3 Doormen (per hour) ............ .50 .60 .75 1.00 ENGINEERING SERVICE City Engineer ............................$250 00 $275.00 $300.00 $325.00 Principal Assistant Engineer.. 150.00 175.00 190.00 210.00 Office Clerk .............................. 130.00 140.00 150.00 160.00 Electrical Maintenance Man.. 165.00 175.00 185.00 190.00 2 Apprentice Electricians ------ 100.00 120.00 135.00 150.00 Street Foreman ..................... 180.00 195.00 210.00 235.00 3 Tractor Drivers .................... 160.00 170.00 180.00 190.00 3 Truck Drivers ........................ 135.00 145.00 160.00 175.00 2 Motor Grader Operators ---- 160.00 170.00 180.00 190.00 Park Superintendent .............. 165.00 175.00 185.00 200.00 Sewage Plant Operator .......... 175.00 185.00 195.00 210.00 6 Gardeners ............................. 145.00 150.00 160.00 170.00 2 Painters .................................. 145.00 155.00 160.00 175.00 Sign Painter .............................. 175.00 190.00 200.00 210.00 Chief Auto Mechanic ........... 165.00 185.00 195.00 20500 3 Auto Mechanics -------------------- 140.00 150.00 160.00 175.00 15 Laborers (Street Dept.) _--. 135.00 145.00 160.00 175.00 3 Janitors .................................. 135.00 145.00 160.00 175.00 2 Janitresses .............................. 75.00 85.00 95.00 105.00 2 Sweeper Operators .............. 150.00 160.00 170.00 180.00 2 Utility Men ............................ 165.00 180.00 195.00 210.00 Wharfinger ................................ 130.00 140.00 150.00 160.00 Per hr. Per hr. Per Hr. Per hr. 50 Part time Laborers ------------ .65 .75 .80 .90 2 Draughtsmen -------------------------- .65 .75 1.00 2 Instrument Men .................... .65 .75 1.00 2 Rod Men .................................. .50 62Y2 .75 4 Chain Men ............................ .50 .62% .75 4 Inspectors ------------------------------ .75 .85 1.00 Provided that the City Engineer and Superintendent of Streets may employ such extra laborers as may be necessary in accord- ance with the provisions of the Charter. CIVILIAN DEFENSE CORPS Director ........................................ $50.00 1 Office Clerk ............................ 100.00 $110.00 $120.00 $130.00 2 Office Clerks (per hour)---- .50 .60 .65 .75 CITIZENS SERVICE CORPS Executive Director (per month) -----_----..-.----_ $50.00 Office Clerk (per hour) ........ .50 .60 .65 .75 Section 4: That Ordinance No. 468 entitled, "AN ORDIN, ANCE OF THE CITY COUNCIL OF THE CITY OF HUNTING- TON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 434 ENTITLED AN ORDINANCE FIXING AND REGULATING THE COMPENSATION OF THE CITY OFFICERS, DEPUTIES, ASSIST- ANTS AND EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA",' AS AMENDED, be and the same is here- by repealed provided that this ordinance insofar as it affects the classification of Executive Director of Citizens' Service Corps shall 352 ORDINANCE NO. 470 be construed as a continuation of said Ordinance No. 468. Section 5: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspa- per, printed, published and circulated in the City of Huntington Beach, Orange County, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. Enacted March 15, 1943. ORDINANCE NO. 478 369 ORDINANCE NO. 478 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 418, ENTI- TLED, "AN ORDINANCE OF THE CITY OF HUNTING- TON BEACH, CALIFORNIA, DECLARING AND DEFINING AN EMERGENCY TO EXIST AJD REGULATING THE AP- PLICATION FOR AND THE DRILLING OF OIL .WELLS WITHIN SAID CITY OF HUNTINGTON BEACH." The City Council of the City of Huntington Beach, Califor- nia, do ordain as follows: Section 1: That Section 5 of Ordinance No. 418, entitled, "An Ordinance of the City of Tuntington Beach, California, de- claring and defining an emergency to exist and regulating the application for and the Drilling of Oil Wells within said City of Huntington Beach," be and the same is hereby amended so as to read as follows: Section 5: Provided further and also that special permits with special conditions and exceptions may be issued for the express purpose of avoiding any injustice and when the public peace, property, health and safety will not be seriously en- dangered, and then only by a four-fifths (4-5) vote of the City Council after an open public hearing. Section 2: That a new section is hereby added to Ordin- ance No. 418, entitled, "An Ordinance of the City of Huntington - Beach, California, declaring and defining an emergency to ex- ist and regulating the application for and the drilling of oil wells within said City of Huntington Beach, the same to .be numbered Section 5A and to be inserted between Sections 5 and 6, the same to read as follows: Section 5A: (1) Special Permit. Anyone desiring a spe- cial permit within the meaning of the last section shall file a petition for special permit with the City Clerk and serve a copy thereof on the City Attorney. A duplicate thereof shall be filed with the City Engineer together with the map and application as set forth in Section 3 hereof. (2) Petition. The City Clerk shall set the petition for hear- ing at a regular or regularly adjourned meeting of the City Council to be held not less than 7 or more than 30 days there- after, and give notice of the time and place of such hearing by publishing a notice thereof in a newspaper of general circula- tion, printed, and published in said City of Huntington Beach. A copy of said notice shall be posted upon the proposed loca- tion within 3 days after the filing of said petition. An affidavit of said posting and such publication shall be filed with the City Clerk prior to said hearing. The petition shall state facts which indicate that an injustice exists and that the granting of said petition will not seriously endanger the public peace, property, health and safety. (3) Fee. The petition shall be accompanied with a fee of Ten ($10.00) Dollars. 370 ORDINANCE NO. 478 (4) Hearing. The City Council shall proceed to hear the petition and may take evidence for and against the petition and shall either deny or grant the petition provided that the hearing may be continued from time to time. The City in grant- ing the petition may impose reasonable conditions upon the petitioner. Section 3: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly news- paper printed, published and circulated in the City of Hunt- ington Beach, and thereafter it shalt be in force and effect. Enacted February 7, 1944. s