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Ordinance - 526ORDINANCE N0. 526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO THE POSSESSION OF CERTAIN COIN GAMES AND SIMILAR MACHINES AND DEVICES. The City Council of the City of West Covina does ordain as follows: SECTION 1. Games and Similar Contrivances - Possession Prohibited. A. Definitions. For the purposes of this Section, the following terms arse neUas hereinafter set forth; 1. "Pin Game": Any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregu- larities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player. 2. "Marble Game": Any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot or.rolled so as to drop or come to rest in holes, slots, cups or traps, resulting in a score or tally being electrically or otherwise registered or shown which score or tally depends upon the course fol- lowed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors. 3. The phrase "any game similar to a marble game" shall mean: "Bailey -Alley" and any other miniature mechanical bowling game device, by whatever name called; any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the • table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled or guided, and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the playing off or awarding of a prize or reward upon the operation or play of the game. 4. "Claw, Hook or Grab Machine Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered or removed by the operation of any contrivance simulating in miniature a power -shovel, clam -shell, dragline or similar excavating tool or machine. -1- 5. "Horse Racing Machine": Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in the manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof. B. No person shall keep, maintain or possess in any place of business or in any place of public resort: 1. Any pin game, any marble game or any game similar to a marble game, any claw, hook or grab machine, or any horse race machine, the operation of which game or machine is controlled, permitted or made available by placing therein a coin, plug, disk, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase; 2. Any mechanical device or mechanically operated con- trivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key, or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase. C. The provisions of this Section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance or device at or in any mercantile store in which such mechanical contrivances or devices are kept solely for sale and which mechanical contrivances or devices.members of the public are not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale. SECTION 2. Same. Unlawful Possession - Declared to be a. Nuisance. A. Any machine, contrivance, appliance, device, game, ticket, chance, share interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions • of: 1. Section 330a of the Penal Code of the State of Cali- fornia; or 2. Any Section enumerated in Part I, Title 9, Chapter 9 of the Penal Code of the State of California; or 3. Section 1 of this ordinance; is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided. -2- B. When any person has been convicted of or pleaded guilty to any violation of any provisions of this ordinance or of any law of this state, which offense involved the operation, use, maintenance or possession of any article declared by subsection A hereof to be a nuisance, then such article shall be destroyed by the Chief of Police after the plea or after the judgment of conviction has become final. If any article subject to destruction as hereinabove pro- vided is in the custody of any court, the Chief of Police shall cause an application to be made to the judge of said court for an order releasing such article to him in order that he may comply with this Section. SECTION 3. Any person, firm or corporation violating any of the provisions of this ordinance shall, for each violation thereof, be deemed guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punishable by a fine of not more than $500.00 or by imprisonment in the West Covina City Jail or the Jail of the County of Los Angeles for a period of not exceeding six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this ordinance occurs or con- tinues shall be deemed to constitute and shall constitute a separate offense. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 2 th day of March , 1957. ayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I, ROBERT FLOTTEN, City Clerk of the City of West Covina, • do hereby certify that the above Ordinance No. 526 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 1-1th, day of M&mc:h , 1957. That, thereafter, said ordinance was duly adop ed and passed at regular meeting of the City Council on the 2 th day of March , 1957, by the following vote, -to -wit: AYES: Councilmen: Mottinger, Crumley, Kay, Pittenger, Broom, NOES: Councilmen: Norm ABSENT:Councilmen: None City Clerk -3-