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Ordinance - 363ORDINANCE NO.363 AN ORDINA,NCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING FOR FIRE PROTECTION AND REGULATING THE USE OF FIRE IN SAID CITY AND DECLARING THE URGENCY HEREOF. THE CITY COUNCIL OF THE CITY OF WEST COVINA.'DOES ORDAIN AS FOLLOWS: SECTION 1. Notwithstanding any provision of any other ordinance of the City of West Covina to the contrary, after the effective date of this Ordinance and before February 22, 1955, it shall be unlawful for any -person, firm or corporation to ignite, 4 set fire to or burn in any open, exposed or outdoor fire, or to build or allow any fire in any incinerator on any lot or parcel of i land in the City of Iffest Covina except between the hours of 4:00 o'clock P.M., and 7:00 o'clock P.M., of any day; provided, however, that a special written permit may be obtained from the Chief of the Fire Department, in his discretion, to operate an incinerator at other times. SECTION 2. This Ordinance is urgently required for, the immediate preservation of the public health, peace and safety and is hereby declared to be an urgency measure therefor and shall take effect and be in full force immediately upon its adoption and passage. A declaration of the facts constituting its urgency is as follows: The City of West Covina and other cities in the County • of Los Angeles are currently faced with an emergency caused by the accumulation of all the gases, solids and liquids put into the air by man to create pollution of the air commonly called "smog" and which is causing a deleterious effect upon the health, peace and safety of the residents of 'West Covina; that the County of Los Angeles and the several municipal subdivisions thereof.are making a serious effort to control and eliminate smog; that one of the -1- factors involved in the problem referred to is the solid material going into the air daily from incinerators of which there are more than 19500,000 in the City of West Covina and the County of Los Angeles; that by this Ordinance the City Council of the City of West Covina expects that the problem arising from air pollution including the danger to the health, peace and safety of the Scitizens of West Covina may be alleviated. At the present time private incinerators are operated between sun -up and 11:30 o'clock A.M., and it is recognized that this is the period of the day when smog appears to build up throughout the area. This Ordinance would allow such burning at a more favorable time of the day. SECTION 3. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by im- prisonment in the County Jail for a period of not more than ninety (90) days, or both such fine and imprisonment. Bach such person, firm or corporation shall be deemed guilty'of a separate offense • for every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this Ordinance. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted with the names of the members voting for and against the.same in three -2- public places within the City, in the manner required by the laws and ordinances of the City of West Covina, and thereupon and thereafter this Ordinance shall take effect and be in force. ivlayor of zne city of ivest Covina ATTEST 1 y 'Clerk I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of West Covina, held on the 22nd day of November 1954, by the r affirmative vote of four -fifths of the members of the City Council, to wit: AYES: Council men JAMES W. KAY BERT C. VAN HG;,IV J. CAL SPEtUNE JAY D. BROWN NOES: lV 0 IV- e jr)- HURc T, MAYOR ABSENT : IV a VC 7-fy Clerk of the City o West Covina • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY.OF WEST COVINA. ) ROBERT FLOTTEN, being by me first duly sworn, deposes and says: That he is the City Clerk of the City of West Covina-, California; a citizen of the United States and over the age of 21 years; that on the ,��-"=a day of November, 1954, he posted- -3- E three copies of Ordinance No.363 of the City of Nest Covina, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST CQ,VINA., CA.LIFOGRNIA, PROVIDING FOR FIRE PROTECTION AND REGULATING THE USE GF FIRE IN SAID CITY AND DECLARING THE URGENCY HEREOF", in three public places in said City, to wit: One at the Police Office, 1444 West -Garvey Boulevard, one in front of the West Covina School House, and one at the northwest corner of Puente Street and Lark Ellen Boulevard City Clerk Subscribed and sworn to before me this — day of November, 1954. NotarY Public -in an or 6e count— y of Los Angeles, State of lifornia My Commission Expires August 12, 1956 ZAC