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ORDINANCE NO. 5'99
AN ORDINANCE OF THE CITY OF ARCADIA CALIFORNIA,
PROVIDING FOR THE ALLEVIATION OF AIR POLLUTION.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS:
ARTICLE I. GENERAL PROVISIONS.
SECTION 1. The office of Director of Air Pollution of the City
of Arcadia is hereby created. Said Director shall be a person to be
appo~nted by the Council of the City of Arcadia, and may be the
person serving from time to time as Director of Air Pollution Control
of the County of Los Angeles.
SECTION 2. "Person" means any individual, firm, copartnership,
joint adventure, association, social club, fraternal organization,
corporation, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit, and the plural as
well as the singuaar number.
SECTION 3. Whenever a power is granted to, or a duty is imposed
upon, the Director, or any other public officer, the power may be
exercised or the duty may be performed by a&puty of the officer or
by a person authorized, pursuant to law, by the officer, unless this
ordinance expressly provides otherwise.
SECTION 4. The prohibitions of this ordinance do not apply to
any action eithe]~ positively permitted or prohibited by constitutional
provision or by general law.
ARTICLE II. . REGULATIONS.
SECTION 5. Every person is guilty of a misdemeanor who,either by
himself, his employee or agent, or as an employee or agent of another,
causes, suffers, or permits to be discharged from any source whatsoever,
any smoke, dust, soot or fumes for a period or periods aggregating
more than three minutes in any one hour which ist
(a) Equal to or greater in density than that designated as No. 2
on the Ringe~l Chart, as published by the United States BUreau of
Mines, or
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cd 5"7j?
~ (b) So dense as to obscure the passage of light to a degree
equal to or greater than does smoke described in subsection (a) of
this section.
SECTION 6. Every person is guilty of a misdemeanor who, either
by himself, his employee or agent, or as an employee or agent of
another, causes, suffers, or permits to be discharged from any source
whatsoever such quantities of charred paper, smoke, dust, soot, grime,
carbon, noxious acids, fumes, gases, particulate matter, or other
material which c~ause injury, detriment, nuisance or annoyance to any
considerable numb er of persons or to the public or which endanger the
comfort, repose ~t health or safety of any such persons or the public
or which cause or have a natural tendency to cause injury or damage
to business or property.
SECTION 7. The provisions of Section 5 do not apply to the use
of an orchard or citrus grove heater which:
(a) Does not produce unconsumed solid carbonaceous matter at
a rate in excess of one (1) gram per minute, and
(b) If petroleum, or any product thereof is used as fuel, does
not produce products of combustion arising therefrom containing uncon-
sumed solid carbonaceous matter in excess of twenty (20) grams per
pound of fuel co:nsumed.
SECTION 8 This ordinance does not apply to smoke from fire$
set '-by or permitted by the Chief of the City of Arcadia Fire Department,
or the street Superintendent for the purpose of weed abatement or the
prevention of a fire hazard.
SECTION 9. The Director, during reasonable hours, for the purpose
of enforcing or administering this ordinance, may enter every building,
premises, or other place, except a private residence. Every person is
guilty of a misdemeanor who in any way denies, obstructs, or hamper$
such entrance.
-2-
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ARTIBLE III. VARIATIONS.
SECTION 10. The provisions of this ordinance do not prohibit
the discharge of matter to a greater extent or for a longer time,
or both, than permitted by Article II, if not of a greater extent-
or longer time than the Director finds necessary pursuant to the
provisions of this article.
SECTION n. The Director on his own motion or at the request
of any person may hold a hearing to determine under what conditions
and to what extent the discharge of matter to a greater extent or
for a longer Ume or both than that permitted by Article II is
necessary.
SECTION 12. If the Director finds that because of conditions
beyond control, necessary equipment is not obtainable with which
to make changes necessary to reduce such discharge in extent or time,
or both, to that permitted by Article II, he may prescribe other and
different standards applicable to plants and~uipment operated either
by named classes of industries or persons, or to the operations of
separate persons.
SECTION 13. If the Director finds that the burning of rubbish
or refuse is necessary to prevent a fire OP health hazard and also
finds that neither adequate equipment nor facilities are available
for the disposal of such rubbish in a manner conforming with Article
II, he may prescribe other and different standards not more onerous
applicable eithE!r to named classes of Dubbish dispos al or persons,
or to the operations of separate persons.
SECTION 14. The Director may revoke or modify any order permitt-
ing a variation after a public hearing held upon not less than ten
days notice.
SECTIom 15. The Director shall serve notice of the time and
place of a hearing to revoke or modify any order permitting a variation
not less than ten days prior to such hearing upona11 persons who will
be subjected to greater restrictions if such order is revoked or
-3-
c.d SYy
modified as proposed and upon all other persons who have filed with
the Director a written request for such notification, either in the
manner required by law for the service of summons or by first class
mail postage prepaid.
SECTION 16. The Director in making any order permitting a
variation may specify the time during which such order will be effect-
ive, which in no event shall be longer than six months after the term-
ination of thl~ war in which the United States is now engaged.
SECTION 17. Unless an earlier date is specified in the order,
every order permitting a variation shall expire six (6) months after
the termination of the war in which the United State s is now engaged.
ARTICLE XV. PENALTY AND CONSTITUTIONALITY PROVISIONS.
SECTION 18. If any provision of this ordinance, or the applica-
tion thereof to any person or circumstance is held invalid, the
remainder of the ordinance, and the application of such provision
to other persons or circumstances shall not be affected thereby.
SECTION 19. Any person violating any of the provisions of this
ordinance is guilty of a misdemeanor and upon conviction thereof,
shall be punishable by a fine of not to exceed Two Hundred Dollars
($200.00). Each separate day or any portion thereof during which
any violation l:lf this ordinance occurs or continues shall be deemed
to constitute II separate offense, and upon conviction therefor shall
be punishable as herein provided.
SECTION 20. The City Clerk shall certify to the passage of this
Ordinance and cause the same to be published once in the Arcadia Tribune
and Arcadia News, a newspaper of general circulation, printed and pub-
lished in this City, within fifteen (17) days after the date of its
passage, and said Ordinance shall become effective and be in force
thirty (30) days from and after the date of its final passage.
August
INTRODUCED this 20th day of August,
SIGNED, APPROVED and ADOPTED THIS
, 1946.
1946.
26th
day of
. /J. ".yI'.~
Mayor of the City of Arcadia, Cal.
ATTEST:
~
~C"-A'"
City elerk
-4-
c7~ 6"97'
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF ARCADIA )
I, ~, '0, Billig, City Clerk of the City of Arcadia, C'al1fornia,
do hereby cerf.ify that the foregoing Ordinance No. ,99. was duly and
regularly adopted, passed and approved by the City Council of the
City Council held at the regular meeting place thereof, on the 26th
day of August , 1946, by the following vote:
AYES: Councilmen Adcock, Ormsby and Russell
NOES: None
ABSENT: Councilmen Leeper and Nugent
DATED thi.s 26th
day of August
, 1946.
~ (C? ~~'
City Clerk of the City Arcadia,
State of Ca1ifornia~h
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AFFIDAVIT OF PUBLICATION.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) S S
'muu_'m:r.,~umfl,!1:,+':9.,;!"gumB.9.,!1:,Q.~um'muu_mum_m_'___m
of said county and State. being duly sworn. says:
That he is Bnd at all times herein mentioned WB8
a citizen of the United States. over eighteen years
of age, and not a party to nor inte.rested in the a;'bove .
entitled matter. that he ta the_J!~4.1.t.O.r__m,_,__,Of
TIlE ARCADIA TlRIBUME
AND NEWS
a newspaper printed and pubUshed weeldy In the
CllY at ArOadla. CounlY of Los Angel..; tlbat 8lI4d
newspaper has been continuously printed and pub-
lished onct each week for a period. of more than one
year prior to OIle date hareot; that aald newsp...... Is
a paper of general clrculatlon. having a bona fide
B~b.crlP,tlon Ust of pald sublleJ1bers; that the
___m~,dlIlallc,e___fJm__::i9,'iL_u,__.__.......__._______.,_,_._
In the above entitled matter. of which Uhe .'1_
ta a printed copy. waa pub'''''''' ~, aald newspaper
and not In a supplement thereof 011 the tollowlna
day_____..to.,'U:
..._m.u9..~,I1,h;?,.,;k~,iJl,'_m'___""_m'_'_'_.m___.u.._
.........-....-..........-....--........--........-..............--.-....-.........--
:::;'-';~:?~~';-;7~~...~~ ~~ /
~.--/y;ac~g..o .
, SUbocrIbed and sworn to befOl'll me. thla.u_____
,__umuuu.,[.~,uum_mday 'Of__~~.194...~,
um'm_uu.________~--h_--[J.f!..t.()/ '.t1.1 AJJ~
MV Commls$lon r.xplrei~l9stf.
Notary Ptlbl1c In and tor the County ot Los Ange-
les. State of OIlllfomJa.
ORDINANCE NO. 599
AN ORDINANCE OF THE CITY
OF ARCADIA CALIFORNIA.
PROVIDING FOR THE ALLEVI-
ATION OF AIR POLLUTION.
THE CITY COUNCIL OF THE
CITY OF ARCADIA DOES OR-
DAIN AS FOLLOWS:
ARTICLE L GE.'lERAL PROVI.
SIONS.
SECTION 1. The office of Direc-
tor of Air Pollution of the CIty of
ArcadIa is hereby created. SaId
Director shaU be a person to be ap-
poInted by the Council of the CIty
of Arcadia, and may be the person
serving from time to time as Direc-
tor of AIr Pollution Control of the
County of Lo-s Angeles.
SECTION 2. "Person" means any
individual, firm. copartnership, joint
adventure, association, social club,
fraternal organization, corporatIon,
estate, trust, business trust, receiver,
syndicate, or any other group or
combination acting as a unit, and
the plural as well as the singular
number.
SECTION 3. Whenever a power
is granted to, or a duty is imposed
upon, the Direct~:, or any other
pUblic ofncer, the power may be
exercised or the duty may be per-
formed by a deputy of the officer
or by a person authorized, pursuant
to law, by the officer, unless this
ordinance expressly provides other-
wise.
SECTION 4. The prohibitions of
this ordinance do njt apply to::> any
action either posItively pe:'mitted or
prohibit~d by constituti:mal provi-
sion or by general law.
ARTICLE II, REGULATIONS.
SECTION 5. Every person is
guilty of a misdemeanor who, either
by himself, his employee or agent,
or as an employee or agent of an-
other, causes, sutfers, or permits to
be discharged from any source
whatsoever, any smoke, dust, soot or
fumes for a period or perIods aggre-
grating more than three mInutes in
anyone hour which is:
(a) Equal t::l or greater in density
than that desIgnated as No. 2 on
the Ringelmann Chart, as pubUshed
by the United States BUreau of
Mines, or
(b) So dense as to obscure the
passage of light to a degree equal
to or greater than does smoke de-
scribed In subsection (a) of this
section.
SECTION 6. Every per son Is
guilty of a misdemeanor who. either
by himself, his employee or agent,
or as an employee or agent of an-
other, causes, suffers, or permits to
be dIscharged from any source
whatsoever such quantities of
charred paper, smoke. dust, soot,
grime, carbon, noxious acids, fumes,
gases, particulate matter, or other
materIal which cause injury, detrt.
ment, nuIsance or annoyance to any
considerable number of persons or
to the public or whIch endanger
the comfort. repose, health or safety
of any such persons or the publ1c
or which cause or have a natuml
tendency to cause injury or damage
to business or property.
SECTION 7. The provisions of
Section 5 do. not apply to the use
of an orchard or cItrus grove heater
which:
(a) Does not produce unconsumed
solid carbonaceous matter at a rate
in excess of one (1) gram per mIn-
ute, and
(b) If petroleum, or any product
thereof is used as fuel, does not pro-
duce products of combustion arising
therefrom contaIning unconsumed
solid carbonaceous matter in excess
of twenty (20) grams per pound 01
fuel consumed.
. SECTION a. This ordInance does
not apply to smoke from fires set by
or permitted by the Chief of the
City of Arcadia Fire Department, or
the Street Superintendent for the
purpose of weed abatement or the
p:'eventi:::n of a fire hazard.
SECTION 9. The DIrector, during
reasonable hours, for the purpose of
enforcing or administerIng this ordi-
nance, may enter every bulldlng,
premIses, or other place, except a
private residence. Every person is
gullty of a misdemeanor who in any
way denies, obstructs, or hampers
such entrance.
ARTICLE III_ VARIATIONS.
SECTION 10. The provisIons of
thIs ordinance do not prohIbIt the
discharge of matter to a greater
extent Qr for a longer time, or both,
than permitted by Article II, 1t not
of 0. greater extent or longer time
.than the Director finds necessary
pursuant to the provlsIoIl8 of thIs
arUcle.
SEXJTION 11. The Director on
his own motion Or at the request of
any person may hold a hearIng to
determine under what conditions
and to what extent the discharge of
matter to a greater extent or for a
longer time or both than that per.
mitted by Article II 15 necessary.
ad- ~-yy
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) S S
'mumuuh_uF...uJi(!l''Q'l4uuRQ'l!.'glLmu'nnn'm_n_mnu_u'
of said County and State, being duly sworn, says:
That he is and at all tImes herein mentioned. We:!
a cltlzen of the Unlted States. over eighteen years
of age, and not a party to nor interested in the Bibove
entitled matter. that he Is theummEd1,torumnmof
THE ARCADIA TlRlBUME
AND MEWS
a newspaper printed and publlSh"d weekly In the
CIty of Azoadla. County of Los Angel..; 1Ihat I!84d
newspaper I1as been continuously printed and pub-
lIShecl once ee.ch wool< for a perlod of more than one
year prior to llhe date hereof; that said newspa-,er Is
B paper of general circulation. havtng a bona fide
IlUbscrlptlon Ilst of pa1d IlUbocrtbera; that the
mm'..nOr il1 n" n ae'mD.nh5_9,9nhnh'..u....m'nu_'m.um__u
in the above entitled matter, of which Ub.e Al'I~
Is a printed copy. waa I",hltd".<\ b. Ill1d newspaper
and not In a IlUDDlement thereof an the folIowiDa
daYum,..to-wtt:
,..........'m'mmS,lUl:t,~,.19.~,6...____m_________,_.__.,..,_
-....---..........-..-........-..-...--.-.-...-.---
...-....--..-.....-..-..---...-..-...---..-.--.-----.--
:::;._';z~;;;;;.;;....~_...
Bubsor1bed and sworn to E' tI1Is.,_,...._:___
n,mnm,__.m,S!t..______nuoay oL___u n ~,l94.,'_n
c;: J (j), .
...._..._....._.........~mml;!to~.&pr~5r;
Notary Publlc In and for the County of Los Ange-
l... state of OaI1tornJa.
SEe T ION 12. If the Director
finds that because of conditions be-
yond contrel, necessary equipment
is not obtainable with which to
make chang~s necessary to reduce
such diGcha:ge in extent or time, or
b::'th, to that permitted by Article
II, he may prescribe other and dif-
ferent standards applicable to plants
and equipment operated either by
IIamed classes of industries or per-
sons, or to the operations of sep-
ara te persons,
SECTION 13. II the Director
finds that the burning of rubbish
or refuse is necessary to prevent a
fire or health hazard and also finds
that neither aaequate equipment
nor facilities are available for the
disposal of such rubbish in a man-
ner conforming with Article II, he
may prescribe other and different
standards not more onerous applIca-
ble either to named classes of rub-
bish di.spooal 0:' persons, or to the
operations of separate persons.
SECTION 14. The Director may
revoke or modify any order permit-
ting a variation after a public hear-
ing held upon not less than ten days
notice.
SECTION 15. The Director shall
serve notice of the time and place
of a hearing to revoke or modify
fmy order permitting a variation
not less than ten days prior to such
hearing upon all persons who will
be subjected to greater restrictions
if such order is revoked Qr mQdified
as pr.:)p::sed and upop all other per-
sons who have filed with the Di-
recto:' a written request for such
notification, either in the manner
required by law for the service of
.c;ummcns or by first class mail pos-
tage prepaid.
SECTION 16. The Director in
making any order permitting a vari- .
ation may specify the time during
which such order will be effective,
which in no event shall be longer
than six months after the termina-
tion of the war In which the United
States is now engaged.
SECTION 17. Unless an earlier
date is specified in the order, every
crder permitting a variation shall
expire six (6) months after the
termination of the war in which the
United States is now engaged.
ARTICLE IV, PENALTY AND
CONSTITUTIONALITY PRO V 1-
SIONS.
SECTION 18. If any provision of
this ordinance, or the application
thereof to any person or circum-
stance is held invalid, the re-
mainder of the ordinance, and the
application of such provision to
other persons or circumstances shall
not be affected thereby.
SECTION 19. Any person violat-
ing any of the provisions of this
ordinance is guilty of a misde-
meanor and upon conviction there-
of, shall be punishable by a flne of
not to exceed Two Hundred Dollars
($200.00>' Each separate day or any
portion thereof during which any
violation of this ordinance occurs
or continues shall be deemed to
COD1itltute a separate offense, and
upon conviction therefor shall be
punishable as herein provided.
SECTION 20. 'The City CleM
shall certifY to the passage of this
Ordinance and ca use the same to be
published once in the Arcadia
Tribune and Arcadia News. a news-
paper of general circulation, printed.
and published in this city, within
fifteen (15) days after the date of
its passage. and said Ordinance
shall bec:,me effective and be in
force thirty (30) days from and
nfter the date of its final passage.
INTRODUCED this 20th day or.
August. 1946.
SIGNED, A PPROVED and
ADOPTED THIS 26th day or Au-
gust. 1946,
M ,H. ORMSBY.
Mayor of the City of
Arcadia. Cat.
ATTEST:
W, C, BILLIG.
City Clerk.
STATE OF CALIFORNlA )
COUNTY OF LOS ANGELES ) os,
CITY OF ARCADIA )
I, W. C. B1llig, City Clerk of the
City of Arcadia, California. do here-
by certify that the foregoing Ordi-
nance No. 599, was duly and regu-
larly adopted, passed and approved
by the City Council of the City of
Arcadia held at the regular meeting
place thereof, on the 26th day of
August, 1946, by the following vote:
AYES: C au n c II m en Adcock,
Ormsby and Russell.
NOES: None.
ABSENT: CounCilmen Leeper Bnd
Nugent. .,
Dated this 26th day of August,
1946,
W, C, BILLIG.
City Clerk or the ctty or
Arcadia, State of Cali-
fornia.
cubllsh Sept, 5. 1946,
cd. .F;?y