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HomeMy WebLinkAbout1190 ORDINANCE NO. 1190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO PART 1 OF CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE A NEW DIVISION 5 ENTITLED "SCORING DEVICES" CONTAINING TITLE 1 ENTITLED "DEFINITIONS" AND TITLE 2 ENTITLED "PROHIBITION AND ABATEMENT", PROHIBITING THE POSSESSION AND USE FOR HIRE OF AMUSEMENT DEVICES WHICH RESULT IN A DISCERNIBLE SCORE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That there is hereby added to Part 1 of Chapter 2 of Article IV of the Arcadia Municipal Code a new Divi- sion 5 entitled "Scoring Devices" containing Title 1 entitled "Definitions" and Title 2 entitled "Prohibition and Abatement", the same to read as follows: AR'lICLE IV. CHAPTER 2. PART 1. DIVISION 5. TITLE 1. PUBLIC WELFARE, MORALS AND POLICY DISORDERLY CONDUCT, NUISANCES, ETC. GAMBLING SCORING DEVICES DEFINITIONS 4215.1. DEFINITIONS. For the purpose of this Division the following words and phrases shall have the meaning and shall be construed as hereinafter set forth. 4215 .1.1. SAME. PIN GAME. Pin game shall mean and in- clude any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet, or other moving ob- ject is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregu- larities which deflect, divert, impede or direct the course of the moving object beyond the control of the player. 4215.1.2. SAME. MARBLE GAME. Marble game shall mean and include any table, cabinet or stand equipped for the playing of a game whereby marbles, spheres, disks, or balls are, with the -1- ll90 aid of a mechanical plunger or other device affixed to such table, cabinet or stand, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups or traps, resulting in a score or tally being electrically or otherwise' registered or shown, which score or taily depends upon the course followed or point reached by the marble, sphere, disk or ball or upon the contact points touched by it along its cou~se, or upon any com- bination of such factors. 4215.1.3. 'SAME. SIMILAR TO MARBLE GAME. The phrase "any game similar to a marble game" shall mean and specifically include B Alley, Alley, Balley Alley, Skee Ball, Table Shuffle- board or any similar device, mechanism or article and any other similar mechanical amusement device by whatever name called, every miniature mechanical bowling game device, every coin oper- ated billiard or pool table, every pool or billiard table less than forty-eight (48) inches wide or ninety-six (96) inches long, every table, cabinet or mechanical Idevice equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand, or by means of any other striking or releasing mechanism which is affixed or attached to the table, cabinet or device, or' which is an integral part of the.mechanical device or which is mechanically manipulated, controlled or guided, and which game is so contrived that, at the conclusion of the op- eration or play thereof the score or result of play thereof is visible or otherwise discernible. 4215.1.4. SAME. CONTEST MACHINE. Contest machine shall mean and include any mechanically operated amusement machine or de- vice contrived to' simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is con- trived to put in motion any number of objects or symbols which then -2- 1190 do, or appear to, run or move against or in relation to one another in the manner of a miniature race, or which is designed to repre- sent, by symbols, the running of any race and the order of the finish thereof, or which is designed to put into motion one or more objects or symbols which then do or appear to imitate any type of game or contest in such a manner that the winner of such game or contest can be determ.iped as a result of the playing, use or operation of such machine or device. 4215.1.5. SAME. OTHER.SCORING DEVICES. The phrase "other scoring devices" shall mean and specifically include any game, gun, mechanism, device or contrivance, whether operated manually, remotely, electrically, electronically, indirectly or otherwise, the use or operation of which 1n any way results in the registration or determination of a score. TITLE 2. PROHIBITED DEVICES 4215.2. PROHIBITED DEVICES. No person shall keep, maintain or have in his possession or under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, nor shall any person use or play any machine, game, or device defined in Title 1 of this Division, the use, operation or play of which is controlled, permitted or made available by placing therein a coin, plug, disk, key or token or which is let for use, operation or play upon the payment or delivery of anything of value therefor or upon the making of any purchase. 4215.2.1. SAME. PUBLIC NUISANCE. Any machine, game, device, article or object operated, used, kept or possessed, placed or maintained contrary to the provisions of the preceding Section is hereby declared to be a nuisance and shall be subject to abatement as provided in the next Section. 4215.2.2. SAME. CONFISCATION. When a person has in any court been convicted of or has pleaded guilty to' any violation of Section 4215.2 hereof, the machine, game or device kept, main- tained, possessed', used, operated or played contrary to Sect10n -3- 1190 4215.2 shall be destroyed by the Chief of Police after such plea or such judgment of conviction shall become final. The contents of such machine shall be destroyed, or if money, sh~ll be de- posited in the general fund. If said articles subject to des- truction as herein provided are in the custody of the Court, the Chief of Police shall cause to be made an application to the Judge of said Court for an order releasing said articles to him for the purpose of complying with this Division. 4215.2.3. SAME. EXCEPTION. Except as to devices pro- hibited by other sections of the Code, the provisions, of this Title shall not apply to any business specifi~d in Sections 6323.1, 6323.3, 6323.4, 6323.5, 6323.7, 6323.9, 6323.12, 6323.25, 6323.29 or 6323.36 during the time that a permit issued pursuant to Chap- ter 3 of Article VI of the Code is 1~ effect specifically authoriz- ing the use of any device described in Title 1 of this Division. 4215.2.4. SAME. ENFORCEMENT. The City Manager, the Chief of Police and officers of the Police Department of the City of Arcadia are hereby required and directed to suppress and abate any such nuisance as is described in Section 1 of this Ordinance. SECTION 2. Any person perpetrating a nuisance as de- scribed 1n Section 1 of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five hundred dollars ($500.00) or by imprisonment in the City Jail of the said City of Arcadia or in the County Jail of the County of Los Angeles, State of California, for a period not to exceed six (6) months, or by both such fine and impr1sonment. SECTION 3. This ordinance may be amended or repealed by a vote of the people or by the affirmative vote of four members of the Arcadia City Council. -4- 1190 SECTION 4. The City Clerk shall certify to the adoption of this ordinance and prior to the expiration of f1fteen (15) days from the passage thereof shall cause the same to be published once in the Arcaoia Tribune, -a newspaper of general circulation, pub- lished and circulated in the City of Arcadia, and.thirty (30) days from and after the ,-final passage thereof, said Ordinanc e shall take effect and be in force. 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 21st day of August , 1962, by the affirma- tive vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Reibold, Turner and Phillips NOES: None ABSENT: Councilman Butterworth e~'p~~, Ci y Cle~ tithe Ci yo' rca a , SIGNED AND APPROVED this 21st day of August , 1962. ~ --..- ATTEST:::-:\.~ '->.. ~~. 1 .~'?J 'c_ tIu,' ,A., ..~/ ./A ...... . ' ..- --C- ~. City Clerk ~:;:: ~' ,..., ('!:lEAL) - ,;3 ,"--, ~ /...... '\ Mayor of the City Pro Tempore ~ Ct& rIP (}2 , ~ , - - - ~ - -5- 1190