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HomeMy WebLinkAbout1683 ORDINANCE NO. 1683 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 6434.6.1 AND REPEALING SECTION 6434.6.2 TO REQUIRE SAFETY INSPECTION OF REFUSE VEHICLES. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1: The Arcadia Municipal Code is hereby amended by amending Section 6434.6.1 thereof to read as follows: "6434.6.1. SAME. SAFETY INSPECTION. Each vehicle used for collecting, hauling or disposing of residential or commercial refuse in the City shall be inspected and certified twice each year by the California Highway Patrol. Notice of such certification shall be filed with the License Officer and the Chief of Police each June and December prior to the issuance of a business license, and as vehicles are placed into service. Failure to submit re- quired notice of such certification shall be grounds for sus- pending the Contractor's business license until a notice evidencing passage of inspection as required is received by the License Officer and Police Chief." SECTION 2: Section 6434.6.2 of the Arcadia Municipal Code is hereby repealed. SECTION 3: No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any pro- vision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. -1- 1683 SECTION 4: In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal pro- visions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 7: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. -2- 1683 PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 17th day of' July , 1979. SIGNED AND APPROVED this 17th day of July , 1979. ATTEST: , ~ City Clerk of the City of Arcadia I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 17th day of July , 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: Council.rren Gilb, Pany, Pellegrino and M3.rgett NOES: None ABSENT: Councilman Saelid City Clerk ;j,~, of the C1ty of Arcadia -3- 1683