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HomeMy WebLinkAbout1689 /(-30-7 c; ORDINANCE NO. l689 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 9281.4 THERETO AUTHORIZING THE CITY COUNCIL TO ALLOW SALE OF CHRISTMAS TREES AND FIREWORKS ON PROPERTY ZONED R-3 WHEN IT ABUTS COMMERCIALLY ZONED PROPERTY. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION l. That the Arcadia Municipal Code is hereby amend- ed by adding thereto Section 928l.4 to read as follows: "9281.4. Christmas Tree and Fireworks Sales. By a vote of 3/5 of the membership of the City Council, the City Council may authorize the sale of Christmas trees and fireworks on property zoned R-3 where it abuts commercially zoned property. Any such sales shall otherwise be conducted in compliance with the Arcadia Municipal Code and any requirements of the Building & Planning Departments. For the purpose of this Section 9281.4 only, R-3 zoned property is deemed to abut commercially zoned property when they are separated by a street or alley." SECTION lA. This ordinance shall be retroactively operative commencing November 22, 1979. SECTION 2. 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 compe- tent 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 3. 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 provisions 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. -l- l689 SECTION 4. 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 with- in fifteen (l5) days after its adoption. PASSED~D ADOPTED BY THE CITY COUNCIL of t~e City of ~rcadia at its adjourned regular meeting held on the 30th day of October, 1979. SIGNED AND APPROVED this 30th day of October, 1979. ~~he~Y~~ ATTEST: '-?~ ~~~ ty Clerk of the Cloty of Arcad~a /SdJoUrnbdHEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of'Arcadia, California, held on the 30th day of October, 1979, by the affirma- tive vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Parry, Pellegrino, Saelid and Margett. NOES: None ABSENT: None ~~>~ C~ty Clerk of the~e~ty of Arcadia -2- l689