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HomeMy WebLinkAbout0409 , r. #l ' t:l' , 11f/.\" "iii . \,f~' oil , w[,1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROHIBITING THE POSSESSION OF CERTAIN DEVICES, AND PROVIDING A PENALTY FOR VIOLATION THEREOF; DECLARING CERTAIN DEVICES TO BE NUISANCES AND PROVIDING FOR THEIR ABATEMENT. ORDINANCE NO. 409 THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Any machine, contrivance, appliance, device, game, ticket, chance, sbar'e, intere~t, instrument or art icle, op- erated, used, kept, possessed, placed or maintained in violation of the ,provisions of: (a) Section 330a of the Penal Code of the State of Callf- ornia; or (b) Any section 'enumerated in Part 1, Title, 9, Chapter 9 of the Penal ~ode of the State tif California; or (c) Sectlon 2 of this ordinance, is hereby d,eclared to be a nuisance arid shall be subject to abatement as herein- corporation to keep, maintain or have in his or its possession or under his or its control, either as ovmer, lessee, agent, employ- ee, mortgagee, or -otherwise, any punchboard" any table, game or device,',commonlyknow~ asa,~lmarble game", or "pin game", or any claw, scoop or grab machine, or any horse racing'machihe or game, or any device similar thereto, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key or other device or by the payment of any fee. SECTION 3" Any article declared by Section 1 hereof to be a nuisance, as a result of the operat.ion,use, keeping, pos- session, placing or maint€ining of whlch any person, firm or cor- poration has, in thl3 City Court of the City of Arcadia, been con- vlctedofor has pleaded guilty to any violation of Section 330a, or any section enumerated in Part 1, Title 9, Chapter 9, of the Penal Code of the State of California shall be destroyed by the Chief of Police after such plea or after such judgment of con- -1- lNDIlXED O.A/'~ 1/CJ>' , , viction becomes, final., The contents of such machine shall be de- stroyed, or if money, shall be deposited in the general,:fund. " , If said articles, subject to de~truction as herein provid- ed are in the custody of the City Court of the City of Arcadia, the '6hief of Police ~hall cause to be'made an application to the G,ity,Judge of,said Court for, an order releasing ,said art!_ . ,'~;J:M to him 'for the purpose of complying with this Section. , SECTION 4. Any person, firm ,or corpor.ation violating , any of the provisions ,of this' ,ordinan~e shall be deemed guilty of a misdemeanor,and'upon conviction thereof spall be p~ish- able ~y a fine of riot more than' thr~e hundred dollars (~300.00); or by imprisoDmentin.the City Jail'of .~aid city of Arcadia, or in the County Jail'ofthe County of Los .Angeles, state of California at 'the discreti?n of the Committing Magistrate, for " ,a period not exceeding tliree '(3) months" or ,by both such fine, and 'imprisonment., SECTION, 5. ',If any ,sect~6n, sen'tence, clause or phrase of this ordinance,,' be for any reason be: he ld to 'beunconstitut- ional, void, or invalid, the validity'of the r~maini~g portions . . . , , , thereof, shall'notbe:affe~ted thereby, it being the intent of , , .the City Council of, tthe City, of Arcadia,' in enaqting this ',ordinance, that no portion ,or provision thereof shall.become inopera ti va 'by reason of , . the, unconstt~utionaiityor invalidity 'of any, other portion or~rovision. , ' SECTION 6. ' The City Clerk shall certify to'the adop- tion of this ordinance,. and shall cause the' same to be publish- ed once in the Arc'adia Tribune and News,' a newspaper of general ?irculation, 'published and, c1rcula ted in said City of Arcadia, 'and thirty (30) days from and after the, passage hereof, 'the same ,shall take'effeQtand be~:f~~ v' I hereby certify,that the foregoing ordinance was , . adopted at a ~egular meeting of the City Council of the City of Arcadia, he'ld on the 7th day of July , 1939, by the 't-lDSlEl7 "-2- a~ '1J;;> , , affirmative vote of a't least thrf;1e Gouncil~en, to-wit:,' AYES: Councilmen Bolz, Griffitts, Leeper and Perkin~ NOES:. None , , ABSENT: None ~~. - Cr' - .. . Signed and approved this 5th 'day of , July , 1939. ~~ ,.' ayo~ PROT~Ml'.oiu; ATTEST: ~~' ~~ :~f~3> " ~ ~. ~""". ':.. .: ~:;:.:~ ~ " ~--' " , ---- ,'- ~ .... . " ',' :.~- .> , .1NDEXED ' UA-C/ {It;; 7'