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Home My WebLink About1386 ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, ADDING PART 7 TO CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE, RELATING TO THE REGULATION OF DRIVE- IN RESTAURANTS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2 of Article IV of the Arcadia Municipal Code is hereby amended by adding thereto a new Part 7 entitled "Drive-in Restaurants," the same to read as follows: ARTICLE IV. CHAPTER 2. PART 7. PUBLIC vffiLFARE, MORALS AND POLICY DISORDERLY CONDUCT, NUISANCES, ETC. DRIVE-IN RESTAURANTS 4270. DEFINITIONS. DRIVE-IN PREMISES. DRIVE-IN. PREMISES. As used in this Part drive-in restaurant, drive-in premises, drive-in, and premises shall have the same meaning and shall mean a place of business, and all the real property controlled by the business at said place, where prepared food is dispensed, for consumption on the premises and elsewhere, other than a restaurant as defined in Article IX of this Code. 4271, SAME. THIS PART. As used herein this Part shall mean Part 7 of Chapter 2 of Article IV of this Code. 4272, SAME. LICENSEE. As used in this Part licensee shall mean the owner, manager and anyone in charge of a drive-in. 4273. SAME. LOITER. As used in this Part loiter means to idle, to loaf, to stand idly by, or to walk, drive, or ride about aimlessly without lawful purpose. 4274. DISORDERLY CONDUCT. No person, on drive-in prem- ises shall: -1- 1386 6-4-68 1. Loiter, 2. Race or unnecessarily accelerate the motor of any vehicle. 3. Suddenly start or stop any motor vehicle. 4. Honk the horn of any motor vehicle, except as a warning and when reasonably necessary, Operate a radio, phonograph or any type of sound producing instrument in a loud manner, or make any other loud, unnecessary noise, 5, Use said premises as a short cut while driving a motor vehicle. 6. Engage in a motor vehicle exhibition of speed, 7. Brake or accelerate a motor vehicle so as to cause the tires to skid. 8. While operating a motor vehicle, exceed any speed limit indicated by signs on said premises. 9. Park a motor vehicle so as to block any entrance to or exit from said premises. 10. Drink, or have in his possession or under his control, any alcoholic beverage, except of a type sold for consumption on said premises, provided said exception shall not apply to minors. This subdivision shall not apply to possession of alcoholic bever- ages in a motor vehicle under circumstances permitted on a public highway. 11. After driving a motor vehicle onto said premises, leave the premises without removing said vehicle, unless he first obtains the consent of the licensee, 12. Park a vehicle any place on said premises except in a marked parking space. -2- 1386 6-4-68 Any person who commits any of the above acts listed in this section shall be guilty of disorderly conduct, a misdemeanor. Anyone guilty of disorderly conduct shall forthwith leave the premises if requested so to do by the licensee and failure so to do shall constitute a misdemeanor. 4275. The provisions of Section 9266.3.2 of this Code relating to the maximum noise level from any activity as measured at the property line where said activity is being conducted shall apply to a licensee and to anyone patronizing a drive-in. 4276. Each licensee of a drive-in shall place a sign or number of signs, not exceeding the number of entrances and two additional signs, containing the following language and of a size adequate to contain such language in letters not exceeding six inches in height, and at conspicuous locations, all as designated by the Building Official: "Prohibited Conduct. Any conduct on these premises in violation of Arcadia. MuniCipal Code Section 4275 is a misdemeanor, punishable by fine and/or imprison- ment. The following conduct is prohibited on these premises: 1. Loite ring. 2. Drinking or possessing an alcoholic beverage. (This provision shall not be included on the sign if alcoholic beverages are sold on the premises.) 3. Making or causing to be made any loud or unnecessary noise. 4. With respect to a motor vehicle: the engine. Sudden starts or stops. Racing Honking -3- 1386 6-4-68 eJJe JJUnl. .,nur ec u. e clng l.nrougn cne premlse s . Exhibition of speed. Skidding tires. Ex- ceeding any posted speed limit. Blocking any entrance or exit. A driver shall not leave the premises without removing his vehicle." 4277. TRAFFIC CONTROL. A licensee of a drive-in shall install and maintain on the premises appropriate traffic control devices and signs directing traffic entering and leaving the premises and shall mark parking spaces for the parking of vehicles on the premises. 4278. REMOVAL OF VIOLATOR. A licensee upon becoming aware of any disorderly conduct, as defined in this Code, immediately shall request the violator to leave the premises, unless an arrest is made. 4279. CONDITIONAL USE PERMIT, The rules of this Part shall not restrict the power of the Planning Commission to further regulate by conditional use permit the use of property for a drive-in restaurant, as provided in this Code. SECTION 2. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 18th day of June , 1968, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Considine, Helms and Arth NOES: None ABSENT : Councilmen Butterw~rth and~e U~~ tZ=<<~ City Clerk 0 the City of Arcadia SIGNED-AND. APPROVED this "'="........,-.~' ~ /~ C';-.-,-. ")-.. /' -, -...... r--. ~,............ A~:, 0~ -~:~:- ii~ ~ ~,,~ (SEA~) - , :? b-4-06 / of June ,1968. r!., / ,42-'~ of the City of Arcadia pro tempore 1386 "'-, , " ~, ~ ~"""""""-.. ..... ~-