Loading...
HomeMy WebLinkAbout0599 !/L ." 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 ,totoJ:....'0 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- od 5"7;7 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 -5- ac/ 6'7r 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