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Home My WebLink About062FOLLOWS: ?1l ORDINANCE NO. 62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ENACTING AND ADOPTING THE IRWINDALE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS SECTION 1. There hereby is enacted and adopted the Irwindale Municipal Code as follows: 1 i� �� i�:�F�■Ulil�il��": ii�I�l�)�I ARTICLE I - GENERAL PROVISIONS Chapter 1 - ADOPTION OF CODE 1100. Short Title. Reference to Code. This Code shall be known as the"Irwindale Municipal Code", and it shall be sufficient to refer to said Code as the "Irwindale Municipal Code" in any prosecution for the violation of any provisions thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing, said Code, or portions thereof, as an addition or amendment to, or a repeal of, the "Irwindale Municipal Code", or a portion thereof. 1101. Nature of Code. This record shall consist of all of the regulatory and penal and of certain of the administrative ordinances of the City of Irwindale. 1102. Effective Date. This Code takes effect upon the effective date of the ordinance of the City Council of the City of Irwindale whereby this Code is adopted. .1.103. Validity of Code. If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. 1104. Distribution of Code. Ordinance No. 62 Not less than three copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. Additional copies shall be pre- pared in loose-leaf form and mounted to withstand heavy usage in such binders as the City Clerk may prescribe. Copies thereof shall be distributed as determined by the City Clerk. .`5 %.3 1105. Notation of Amendments. Upon the adoption of any amend - went or addition to said Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto. Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. 1106. Amendments. The City Clerk shall prepare typewritten or printed copies of such changes in the Code for insertion in the loose-leaf copies thereof. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pur- suant to which such change is adopted. At least once yearly, the City Clerk shall cause the loose-leaf pages of said Code in which changes have been made, to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least once yearly the loose- leaf copies of such Code prepared for the use and convenience of the officers and employees of the City and the general public may be brought up to date. IRWINDALE MUNICIPAL CODE TABLE OF CONTENTS Beginning with Section Number: ARTICLE I GENERAL PROVISIONS Chapter 1 - Adoption of Code ---------------------------- 1100 Chapter 2 - Penalty Provisions --------------------------1200 2200 Chapter 3 - Rules of Construction ----------------------- 1300 ARTICLE II ADMINISTRATION Chapter 1 - City Council -------------------------------- 2100 Chapter 2 - City Manager -------------------------------- 2200 Chapter 3 - Other Officers and Employees ---------------- 2300 Chapter 4 - Departments, Boards and Commissions 3113 Part 1 - Planning Commission -------------------------2400 3119 Part 2 - Park and Recreation Commission -------------- 2420 Part 3 - Civil Defense and Disaster Council ---------- 2430 Chapter 5 - City Funds and Records 3131 Part 1 - City Funds ---------------------------------- 2500 Part 2 - Claims, Demands and Warrants ---------------- 2520 Chapter 6 - Tax Procedure Law --------------------------- 2600 Chapter 7 - Purchase of Supplies and Equipment ---------- 2700 ARTICLE III PUBLIC SAFETY Chapter 1 - Traffic Regulations 4100 Part 1 - Definitions --------------------------------- 3100 Part 2 - Traffic Administration --------------- ------- 3111 Part 3 - Enforcement and Obedience ------------------- 3113 Part 4 - Traffic Safety Devices ---------------------- 3119 Part 5 -Turning Movements.--------------------------- 3126 Part 6 - One Way Streets ----------------------------- 3130 Part 7 - Special Stops Required ---------------------- 3131 Part 8 - Miscellaneous Driving Rules ----------------- 3134 Part 9 - Pedestrians --------------------------------- 31 1}6 Part 10 - Stopping, Standing and Parking ------------- 3151 Part 11 - Stopping for Loading and Unloading --------- 3164 Part 12 - Parking Restricted ------------------------- 3172 Part 13 - Restricted Use of Certain Streets ---------- 3178 Chapter 2 - Fire Protection and Prevention -------------- 3200 Chapter 3 - Bicycles ------------------------------------ 3300 ARTICLE IV PUBLIC WELFARE Chapter 1 - Disorderly, Unlawful and Immoral Conduct ---- 4100 Chapter 2 - Conduct in Public Parks --------------------- 4200 Chapter 3 - Animals -------------- ------------- --- ----- -- 4300 ARTICLE V SANITATION AND HEALTH Chapter 1 - Industrial Waste Part 1 - Administration ------------------------------5100 Part 2 - Definitions ---------------------------------5102 Part 3 - General Provisions and Regulations ---------- 5103 Part 4 - General Powers and Duties --------- ---------- 5120 Part 5 - Discharge of Industrial Liquid Waste -------- 5130 Part 6 - Discharge of Industrial Waste, Other Than to PublicSewer --------------------------------------5150 Partj - Permits ------------------------------------- 5160 5180 Part $ - Fees and Deposits --------------------------- Part 9 - Industrial Waste Treatments Plants ---------- 5190 --J,7 7 Chapter 2 - Sanitary Sewers ----------------------------- 5200 5300 Chapter 3 - Garbage and Refuse Collection --------------- Chapter 4 - Health Code ---------------------------'-"'- 5400 ARTICLE VI BUSINESSES, TRADES AND PROFESSIONS Chapter 1 - Sales and Use Tax --------------------------- 6100 6200 Chapter 2 - Business Licenses --------------------------- Chapter 3 - Regulations of Particular Businesses 9200 Part 1 - Waste or Refuse Disposal Sites -------- ------ 6 300 6310 Part2 3 - Taxicabs ---------------------- ------------ -- 6320 Part 3 - Junk Dealers and Auto Wreckers -------------- 6330 Part 4 - Trailer Parks ------------------------------- 9260 ARTICLE VII PUBLIC WORKS AND PROPERTY Chapter1 - Streets --------------------- ---------------- 7100 Chapter 2 - Excavations --------------------------------- 7200 ARTICLE VIII BUILDING REGULATIONS Chapter 1 - Building, Plumbing and Electrical Code ------ 8100 8200 Chapter 2 - Moving of Buildings ------------------------- g Chapter 3 - Building Numbering System ------------------- $400 00 Chapter 4 - Billboards ----------------------------- ARTICLE IK LAND USE Chapter1 - Zoning -------------------------------------- 9100 Chapter 2 - Subdivisions Part 1 - General Requirements ------------------------ 9200 Part2 - Tentative Maps ------------------------------ Part 3 - Final Map ----------------------------------- 9230 Part 4 - Lot Splits ---------------------------------- 9250 Part5 - Fees ---------------------------------------- 9260 Ordinance No. 62 Chapter 2 - PENALTY PROVISIONS 1200. Violations, a Misdemeanor. No person shall violate any provision, or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly. In addition to the penalties hereinabove provided, any con- dition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such con- dition continues shall be regarded as a new and separate offense. 1201. Violation of Administrative Provisions. The violation of any administrative provisions of this Code by any officer or employee of the City may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of the ordinances and rules and regulations of the City. Ordinance No. 62 Chapter 3 - RULES OF CONSTRUCTION 1300. Construction. Provisions Governing. Unless the pro- visions of the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects 10,,, and to promote justice. 1301. Readings, Effect of. Article and Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the pro- visions of any Article or Section hereof. 1302. Reference to Acts or Omissions Within this City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. 1303. Prohibited Acts. Including Causing, Permitting, or Suffering. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. 1304. Acts by Deputy. Whenever a power is granted to or is duly imposed upon a public officer or employee the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance or by an officer of the County of Los Angeles, or by a deputy or employee of such officer when by contract with the City of Irwindale such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this Code expressly provides otherwise. 1305. Writing, Includes What. Writing includes any form of recorded message capable of comprehension by ordinary visual means. k6 Ordinance No. 62 Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise. 1306. Reference Applies to Amendments. Whenever a reference is made to any portion of this Code, or to any ordinances of this City, the reference applies to all amendments and additions now or hereafter made. 1307. Notices, Service of. Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. 1308. Proof of Notice. Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code, or other pro- visions of law applicable to the subject matter concerned. 1309. Tenses. The present tense includes the past and future tenses, and the future, the present. 1310. Gender. The masculine gender includes the feminine and neuter. 1311. Number. The singular number includes the plural, and the plural, the singular. 1312. Shall and May. "Shall" is mandatory and "may" is per- missive. 1313. Oath. "Oath" includes affirmation. No. 62 1314. Person. "Person", as used in this Code or in any uniform code adopted hereby, includes any person, firm, associ- ation, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corpo- ration, district, body or agency, other than the City of Irwin- dale. 1315. State. "State" is the State of California. 1316. County. "County" is the County of Los Angeles. 1317. City. "City" is the City or Irwindale. 1318. Office. The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the City of Irwindale. 1319. Council. "Council" or "City Council" is the City Council of this City. 1320. Street. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. 1321. Owner. "Owner" applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land. 1322. Tenant or Occupant. "Tenant" or "Occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others. 1323. Sale. "Sale" includes any sale, exchange, barter or offer for sale. 1324. Goods. "Goods" includes wares or merchandise. 1325. 0 e� rate. "Operate" includes carry on, keep, con- duct or maintain. J f / Ordinance No. 62 ARTICLE II - ADMINISTRATION Chapter 1 - CITY COUNCIL 2100. Council Meetings. There shall be two regular meetings of the City Council during each calendar month and such meetings shall be held on the first and third Tuesday thereof, at the hour of 7:30 o'clock P.M.; provided, however, that if the date of any such regular meeting falls on a holiday, said regular meeting shall be held at the hour of 7:30 o'clock P.M. on the next succeeding day which is not a holiday. Any such regular meeting may be adjourned from time to time. Special meetings may be called in the manner provided by State law. 2101. Council Chambers. The meeting place of the City Council shall be at 51+0 North Irwindale Avenue, Irwindale, California. 2102. Councilmen. Reimbursement. Upon the submission of an itemized account any councilman may be reimbursed for his actual and necessary expenses incurred in the performance of official duty. 2103. Councilmen. Compensation. No compensation or salary shall be paid to councilmen whose term of office commenced prior to April, 1958. All other councilmen shall receive a salary of $50.00 per month payable monthly. r - Ordinance No. 62 Chapter 2 - CITY MANAGER 2200. Creation of office. The office of City Manager is hereby established and created. 2201. Appointment of City Manager. The City Manager shall be appointed by majority vote of the City Council and shall hold office for and during the pleasure of the City Council. He shall be chosen by the City Council solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office hereinafter set forth. He need not be a resident of the City. No Councilman shall receive such appointment during the term for which he shall have been elected nor within one year after the expiration of his term. 2202. Temporary Manager. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In case of absence or disability of the City Manager and his failure to so appoint a Manager Pro Tempore, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of said City Manager. 2203. Compensation. The City Manager shall receive such compensation as the City Council shall from time to time deter- mine and fix by resolution. Said City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been presented to the City Council for approval and has been so approved. 2204. Powers and Duties. Ordinance No. 62 The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this ordinance. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following sections. 2204.1. Law Enforcement. Enforce all laws and ordinances of the City and to see that all franchises, contracts, permits, licenses and privileges granted by the City Council are faith- fully observed. 2204.2. Authority over Employees. Control, order and give directions to all officers (except the City Attorney), heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads. 2204.3. Power of Appointment. Appoint, remove, promote and demote any officers and employees of the City of Irwindale, except the City Attorney, with the approval of the City Council. 2204.4. Reorganization of Offices. Consolidate, combine or reorganize offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business, With the approval of the City Council, the City Manager may be the head of one or more departments. r-- 2204.5. Ordinances. Recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. 2204.6. Attendance at Council Meetings, Attend all meetings of the City Council unless excused therefrom, except when his removal is under consideration. Ordinance No. 62 2204.7. Financial Reports. Keep the City Council at all times fully advised as to the financial conditions and needs of the City. 2204.8. Budget. Prepare the budget annually and submit it to the Council together with a message describing the important features and be responsible for its administration after adoption. 2204.9. Purchasing. Purchase all materials, supplies, services, and equipment for which funds are provided in the budget. No purchase shall be made, contract let or obligation for any item or service which exceeds the current budget appropri- ation without a supplemental appropriation by the City Council. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager, pro- vided, however, that provisions of this Section with respect to the actual purchase of supplies shall not apply to purchases made when required under a sealed bid presented to the Council. He shall advise the City Council on the advantages or disadvantages of contract and bid proposals. 2204.10. Investigations. Investigate the affairs of the City and any department or division thereof. 2204.11. Public Utilities - Franchises. Investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in said City, and to see that all franchises, permits or privileges granted by the City are faithfully per- formed and observed. 2204.12. Public Buildings. Exercise general supervision over all public buildings, public parks, and over all other public property which are under the control and jurisdiction of the City Council. 2204.13. Hours of Employment. Devote his entire time to the discharge of his official duties. 2204.14. Committee Meetings. Attend any and all meetings of the commissions, boards, or committees hereafter created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform said members as to the status of any matter !" being considered by the City Council and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. 2204.15. Additional Duties. Perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council. 2205. Council -Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly held meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager; but nothing herein contained shall be construed to prevent any Councilman from discussing matters of the City with the City Manager. 2206. Departmental Cooperation. It shall be the duty of ,. all subordinate officers and the City Clerk, City Treasurer, and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the City. 2207. Removal of City Manager. The Council may for cause remove the City Manager upon a three-member vote at a regular meeting, which shall not be effective, however, until at least thirty days following the Council's action. If requested, the Council shall grant him a public hearing within said thirty -day period. During the interim the City Council may suspend the City Manager from duty, but shall continue his salary. 2208. Limitation on Removal. Notwithstanding the provisions of this Chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the per- formance of the powers and duties of his office. After the expiration of said ninety -day period aforementioned, the pro- visions of the preceding Sections as to the removal of said City Manager shall apply and be effective. 2209. Emergencies. In case of accident, disaster, or other circumstance creating a public emergency, the City Manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. SECTION 2. Ordinance No. 9, passed and approved the 6th day of August, 1957, Ordinance No. 10, passed and approved the 6th day of August, 1957, Ordinance No. 13, passed and approved the 6th day of August, 1957, Ordinance No. 24, passed and approved the 3rd day of September, 1957, Ordinance No. 25, passed and approved the 16th day of September, 1957, Ordinance No. 26, passed and approved the 3rd day of September, 1957, r Ordinance No. 27, passed and approved the 3rd day of September, 1957, Ordinance No. 28, passed and approved the 14th day of October, 1957, Ordinance No. 30, passed and approved the 16th day of September, 19571 Ordinance No. 31, passed and approved the 14th day of October, 1957, Ordinance No. 35, passed and approved the 25th day of November, 1957, Ordinance No. 41, passed and approved the 16th day of December, 1957, Ordinance No. 46, passed and approved the 17th day of March, 1958, Ordi- nance No. 53, passed and approved the 23rd day of June, 1958, Ordinance No. 58, passed and approved the 18th day of November, 1958, Ordinance No. 59, passed and approved the 18th day of November, 1958, Ordinance No. 60, passed and approved the 2nd day of December, 1958, and Ordinance No. 61, passed and approved the 2nd day of December, 1958, are hereby repealed. SECTION 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be posted in the manner provided by law. 1959. Passed and approved this 6th day of January r ,1 Chapter 3 - OTHER OFFICERS AND EMPLOYEES 2300. Assessor and Tax Collector. Pursuant to the authority granted by Section 51501 of the Government Code of the State of California the assessment and tax collection duties performed by the City Assessor and Tax Collector hereby are transferred to the Assessor and Tax Collector of the County of Los Angeles. 2300.1. Same. Abolishment of Offices. The offices of City Assessor and Tax Collector hereby are abolished. 2300.2. Same. Transfer of Duties. Pursuant to the authority granted by Section 51507 of the Government Code of the State, the duties of the City Assessor, other than the assessing of City property and the duties of the Tax Collector, other than the col- lection of taxes, hereby are transferred to and shall be performed by the City Clerk, or such officer of the County of Los Angeles as may by contract with the City be designated and authorized to perform such duties. 2301. City Clerk. Duties. Any applications required to be filed with the City or fees required to be paid to the City, pursuant to the provisions of this Code, shall be filed with or paid to the City Clerk, unless otherwise by this Code provided. 2302. Official Bonds. The officers hereinafter named are each hereby required to execute to the City, official bonds in the following penal sums hereinafter set forth. Such bonds, or renewals, or substitutes thereof shall be maintained and kept in force by the incumbents of said offices during the entire time that they shall occupy said offices respectively. The premiums on such bonds shall be paid by the City. The terms of such bonds shall not exceed one year. City Clerk. The sum of whose bond shall be $5,000.00 City Treasurer. The sum of whose bond shall be $5,000.00 Secretary -Clerk. The sum of whose bond shall be $5,000.00 City Manager. The sum of whose bond shall be $15,000.00. l � � 2303. offices and Positions. The offices and positions in the City employment, other than those created or established by State law or by this Code, shall be fixed and established by resolution of the City Council. 2304. Compensation officers and Employees. The salaries and compensation of officers and employees of the City shall be as fixed and determined by resolution of the City Council, except those fixed herein. 2305. City Clerk, City Treasurer and City Attorney. The City Clerk, City Treasurer and City Attorney shall be appointed by and serve at the pleasure of the City Council. 2306. City Treasurer. Salary. The City Treasurer shall receive a salary of Fifty Dollars per month, payable monthly. Chapter 4 - DEPARTMENTS, BOARDS AND COMMISSIONS OF THE CITY Part 1 - PLANNING COMMISSION 2400. Created. A Planning Commission for the City or Irwin- dale is hereby created. 2401. Members. The Planning Commission shall consist of five appointive members and two advisory members consisting of the City Engineer, or acting City Engineer, and a member of the City Council, to be selected by the City Council. The advisory members shall have no vote, and any advisory member having a deputy or alternate may at any time designate the deputy or alternate to act in his place. No less than three of the appointive members shall be residents of the City and registered voters during their respective terms of office. The appointive members of the Planning Commission shall be appointed and removed in the manner specified in the Planning Law. 2402. Compensation and Expenses. The members of the Plan- ning Commission shall not receive any compensation for their services. They may receive reasonable traveling and incidental expenses when attending planning conferences, meetings of plan- ning executives, or hearings on planning legislation or matters affecting planning within the City, and actual and necessary expenses incurred in the performance of official duties. No expense of any kind shall be incurred by the Planning Commission, or members thereof, unless first authorized and approved by the City Council. 2403. Meetings. There shall be one regular meeting of the Planning Commission during each calendar month and such meeting shall be held on the first Monday thereof at the hour of 7:30 o'clock P.M., provided, however, that if the date of any such regular meeting falls on a holiday, said regular meeting shall be held at the hour of 7:30 o'clock P.M. on the next succeeding day which is not a holiday adjourned from time to time. Any such regular meeting may be 2404. Special Meetings. Special meetings may be called at any time by the Chairman at the request of two appointive members, by written notices served upon each appointive member of the Commission at least three hours before the time specified for the proposed meeting.. 2405. :Quorum. A majority of the appointive members shall constitute a quorum for the transaction of business. 2406. Adoption of Rules; Record of Proceeding. The Plan- ning Commission shall adopt rules for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations. 2407. Chairman and Vice Chairman; Secretary. The appointive members of the Planning Commission shall elect from the appointive members a Chairman and a Vice Chairman. The Planning Commission shall appoint a Secretary, who need not be a member of the Com- mission. 2408. Powers and Duties. The Planning Commission shall perform the duties and shall have all the rights, powers, and privileges specified and provided for in this Part and by State law. The decision of the Planning Commission in the legis- lative matter of amending zone boundaries or use classifications or other matters established by any ordinance of this City and State law shall be advisory only. �l Part 2 - PARK AND RECREATION COMMISSION 2420. Created. There is hereby established a Park and Recreation Commission in and for the City of Irwindale consisting of five members to be appointed by the Mayor with the approval of the City Council. 2421. Members. The members of the present Park and Recreation Commission established by motion of the City Council are hereby continued in office and shall determine their respective terms by lot so that the terms of two shall expire on December 31, 1961, the terms of two shall expire on December 31, 1960, and the term of one shall expire on December 31, 1959. Thereafter members appointed shall serve for terms of three years. 2422. Vacancies. Vacancies occurring on the Park and Recreation Commission shall be filled by appointment for the unexpired term of the preceding incumbent. 2423. Compensation. Members of the Park and Recreation Commission shall serve without compensation but shall be reim- bursed for any necessary traveling expenses and other expenses incurred on official duty when such expenses have been authorized by the City Council. 2424. Rules and Procedures. The Park and Recreation Com- mission may prescribe its own rules and regulations for the con- duct of its meetings and affairs. As soon as practicable follow- ing the first of January of each year, the commission shall elect one of its members as Chairman to serve as such at the pleasure of the commission. The commission shall hold regular meetings at least once a month at such time or times as it shall prescribe and may hold such special meetings as it may desire. 2425. Powers and Duties. The Park and Recreation Commission shall have.the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and community recreation. (b) Assist the City Council and City Manager in the planning of parks and recreation programs for the inhabitants of the City, j promote and stimulate public interest therein, and solicit the cooperation of school authorities and other public and private agencies interested therein. (c) Assist and make recommendations to the City Council and City Manager for the implementation and enforcement of all ordinances of the City relating to parks and recreation. (d) Consider the annual budget for parks and recreation during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager. (e) Perform such other duties not inconsistent with this Part as may be prescribed by the City Council. Chapter 5 - CITY FUNDS AND RECORDS Part 1 - CITY FUNDS 2500. Revolving Fund. There is hereby established a Revolving Fund in the amount of Five Hundred Dollars, to be established, maintained, and replenished out of the General Fund of the City, and there shall be deposited in said Revolving Fund from said General Fund the sum of Five Hundred Dollars. 2500.1. Expenditures. All moneys in said fund shall be expended exclusively for municipal purposes. 2500.2. Limit of Expenditures. No single expenditure out of said fund shall exceed the sum of One Hundred Fifty Dol- lars, and the expenditures therefrom may be made upon signatures of the Mayor and the City Clerk. 2500.3. Replenishment. Upon presentation to the City Council by the City Clerk of an itemized statement of expendi- tures out of said fund, audited and approved by the City Council, the Council shall authorize the reimbursement to said fund of the amount so audited and approved. 2501. Special Gas Tax Street Improvement Fund. There is hereby created in the City treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund". 2501.1. Deposits. All moneys received by the City from the State of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of, streets or highways other than State highways shall be paid into said fund. 2501.2. Expenditures. All moneys in said fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of Article 5, Chapter 1, Division 1 of the Streets and Highways Code. 2502. Cash Bond Fund. A special fund is hereby created in the City treasury to be known as the "Cash Bond Fund" into Ordinance No. 62 which fund shall be deposited all cash bonds accepted by the City Council pursuant to the provisions of this Part or any ordinance or resolution of said City, under the terms of which a cash bond is deposited with the City guaranteeing the faith- ful performance of any agreement with the City. Funds may be withdrawn from said Cash Bond Fund only upon warrant drawn and approved in the normal manner and upon certification by the proper officer having supervision of the performance of such agreement as to the partial completion or final completion and acceptance of the work to be performed under any such agreement. 2503. Capital Outlay Fund. There is hereby created and established a Capital Outlay Fund for the City of Irwindale. Money may be transferred to or paid into said Capital Outlay Fund from any legally permitted fund or source. Said fund shall be used only for the purposes and shall be subject to the limitations set forth in Title 5, Division 2, Part 1, Chapter 4, Article 4 of the Government Code of the State of California. Disbursements from such fund for permitted capital outlay purposes shall be made only when authorized by resolution of the City Council. T Ordinance No. 62 J Part 2 - CLAIMS, DEMANDS AND WARRANTS 2520. Person to Present Claim. No City officer shall, except for his own service, present any claim, account or demand for allowance against the City, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person. Any person may appear before the City Council and oppose the allowance of any claim or demand made against the City. 2521. Claims to be Itemized. The City Council shall not hear, credit, audit, consider or allow or approve any claim, bill or demand against the City unless the same be itemized giving names, dates, and particular services rendered, char- acter or process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefor, and other pertinent details as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills or demands against the City hereunder. No demand shall be audited, passed upon or allowed by the City Council unless made out as prescribed in this Part and presented and filed with the City Clerk three days prior to the time of the meeting of the City Council at which it is asked to be allowed. 2522. Presenting and Filing. Claims and demands arising out of tort and all claims and demands not founded upon contract shall set forth the time and place the claim arose, the public property, officers or employees alleged to be at fault, the nature and extent of the injury or damage claimed, and full details as to the nature of the claim, shall be signed and verified to be correct by the claimant or someone authorized by him, and shall be filed with the City Clerk within ninety days after the accident or event occurred. All other claims and demands shall be presented in writing to and filed with the City Clerk within one year after the last item of the account or claim accrued and need not be signed or verified. Unless so presented and filed, no such claim or demand shall be approved, allowed or paid, and the City shall not be liable upon any suit or action based upon any such claim or demand which is not filed in the form and within the time herein pro- vided. 2523. Suit. Any claim or demand against the City or against any City officer in his official capacity, payable out of any City fund or any fund under control of the City Treasurer shall be filed and presented to the City Council as herein pro- vided before any suit may be brought thereon. No suit may be brought on any claim until it has been rejected in whole or in part. If the City Council refuses or neglects to allow or reject a claim for ninety days after it is filed with the City Clerk, the claimant may treat such refusal or neglect as final action and rejection on the ninetieth day. 2524. Audit Method of Approval. Each claim or demand shall be presented to the City Clerk, who shall cause the same to be stamped showing the date and time of filing, and he shall examine and verify it as to its validity, accuracy, certification, and the availability of funds for payment thereof. He shall pre- pare for approval, without signing, a warrant upon the City Treasurer representing such demand, which warrant shall specify in whose favor it is drawn, the purpose for which it is drawn, and the amount thereof, together with the name of the fund and '- of the bank out of which it is payable when executed and approved. The City Clerk. shall note such demands and warrants which he determines should be approved or allowed upon a register book of demands and warrants, setting forth the number of the demand and warrant, in whose favor the warrant is drawn, and the amount thereof, together with dates and the name of the fund and of the bank out of which the warrant is payable, and shall certify 10, thereon by his signature that the demands are correct as to computations and are payable out of the funds stated in the amounts set opposite their respective names. 2525. Procedure on Disallowance. The City Clerk shall prepare a separate written list of all claims or demands which he fails to approve and which he believes should be rejected in whole or in part, together with his reasons therefor, and such list shall be submitted separately, together with the register book of demands and warrants, to the Finance Committee of the City Council, who shall audit the same, and if found authorized, correct and legal, shall signify by their signatures upon the register book of demands and warrants, those payment which are approved or disapproved by the Finance Committee. The Finance Committee shall then cause all demands approved or disapproved by the Finance Committee, together with the register book of demands and warrants, including separate sheets of disapproved demands, if any, together with the supporting documents, to be returned to the City Clerk, who shall present the same to the City Council for audit and allowance or disallowance. 2526. Authorization of Demands by Council. All payments presented in accordance with the provisions of this Part shall be audited by the City Council and, if found authorized, correct and legal, shall be allowed by the City Council and ordered paid. Such action of the City Council shall be evidenced by a motion entered in its minutes, stating the number of the demands allowed and the total amount thereof, and the number and the total amount of those disallowed. Any claim or demand may be allowed in whole or in part or rejected in whole or part by the City Council. If any claim or demand is rejected in whole or in part, the fact of such rejection shall be plainly endorsed upon the claim or demand by the City Clerk. 2527. Forms of Demands and Warrants; Method of Drawing Warrants; Manual Signature Required. The City Council shall v� by resolution prescribe printed forms for demands and warrants, and shall prescribe a method of drawing warrants or checks in payment of demands allowed or ordered paid as aforesaid; pro- vided, however, that such method shall require the manual signa- ture of at least one municipal officer who has executed an official bond to the City, covering the faithful performance by such officer of the duties of his office, as provided by Section 37203 of the Government Code. Ordinance No. 62 Chapter 6 - TAX PROCEDURE LAW 2600. Tax Procedure Law. Adoption of. From and after the effective date of this Chapter the duties of assessing property and of collecting taxes, provided by law to be performed by the Assessor and the Tax Collector of the City, shall be performed by the County Assessor and the County Tax Collector of the County of Los Angeles, State of California, in accordance with the provisions of Sections 51500 through 51519 of the Government Code of said State, Ordinance No. 62 ARTICLE III - PUBLIC SAFETY Chapter 1 - TRAFFIC REGULATIONS Part 1 - DEFINITIONS 3100. Definitions of Words and Phrases. (a) The following words and phrases when used in this Chapter shall for the purpose of this Chapter have the meanings respectively ascribed to them in this Part. (b) Wherever any words or phrases used in this Chapter are not defined herein, but are now defined in the Vehicle Code of this State, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. 3101. Loading Zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 3102. Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in the City. 3103. Official Traffic Control Devices. All signs, signals, markings and devices not inconsistent with this Chapter placed or erected by authority of a public body or official having juris- diction for the purpose of regulating, warning or guiding traffic. 31o4. Official Traffic Signals. Any device, whether manually, electrically or mechanically operated, by which traffic is alter- nately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. 3105. Park. To stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. 3106. Parkway. That portion of a street other than a road- way or a sidewalk. 1- 3107. Passenger Loading `Lone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 3108. Police Department and police officer shall include, when applicable, the Los Angeles County Sheriff's Department and the California Highway Patrol and the officers thereof, respectively. 3109. (a) Stop. When required means complete cessation of movement. (b) Stop or Stand. When prohibited means any stopping or standing of a vehicle, whether occupied or not, except when neces- sary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. 3110. Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel. Part 2 - TRAFFIC ADMINISTRATION 3111. City Traffic Engineer. The office of City Traffic Engineer is hereby established. The City Manager shall serve as City Traffic Engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this Chapter. 3112. Duties of City Traffic Engineer. It shall be the general duty of the City Traffic Engineer to determine the proper timing and maintenance of traffic control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by this Code or ordinances of the City. -"31 Part 3 - ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS 3113. Authority of Police and Fire Department Officials. (a) It shall be the duty of the officers of the Police Depart- ment or such officers as are assigned by the Chief of Police to enforce all street traffic laws of the City and all of the State vehicle laws applicable to street traffic in the City. (b) Officers of the Police Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. (c) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. 3114. Obedience to Police and Fire Department Officials. No person shall wilfully fail or refuse to comply with any lawful order of a police officer or fire department official when directing traffic. 3115. Persons Other Than Officials Shall not Direct Traffic. No person other than an officer of the Police Department or a person deputized by the Chief of Police or person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal (except that persons may operate when and as herein provided any mechanical pushbutton signal erected by the City Traffic Engineer). 3116. Public Employees to Obey Traffic Regulations. The provisions of this Chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Govern- ment, this State, any county or city and it shall be unlawful for any such driver to violate any of the provisions of this Chapter except as otherwise permitted in this Code or by State statute. 3117. Exemptions to Certain Vehicles. (a) The provisions of this Chapter regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police or Fire Department, any public ambulance or any public utility vehicle or private ambulance which has qualified as an authorized emergency vehicle, when any such vehicle is operated in the manner specified in the Vehicle Code in response to an emergency call. (b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard of the safety of others. (c) The provisions of this Chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a City department or public utility while necessarily in use for con- struction or repair work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. 3118. Report of Damage to Certain Property. (a) The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any prop- erty publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, tele- phone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic*biftrol device or other property of a like nature located in or along any street, shall within twenty-four hours after such accident make a written report of such accident to the Police Department. (b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. Ordinance No. 62 (c) A driver involved in an accident shall not be subject to the requirements or penalties of this Section if and during the time such driver is physically incapable of making a report, but in such event said driver shall make a report as required in subdivision (a) within twenty-four hours after regaining ability to make such report. Part 4 - TRAFFIC CONTROL DEVICES 3119. Authority to Install Traffic Control Devices. (a) The City Traffic Engineer shall have the exclusive power and duty to place and maintain or cause to be placed and main- tained official traffic control devices when and as required under this Chapter or by order of the City Council. (b) Whenever the Vehicle Code of this State requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the appli- cation of such law the City Traffic Engineer is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. 3120. When Traffic Control Devices Required for Enforcement Purposes. No provision of the Vehicle Code or of this Chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws. 3121. Obedience to Traffic Control Devices. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this Chapter or the traffic ordinances of the City unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls. 3122. Installation of Traffic Signals. (a) The City Traffic Engineer is hereby directed to recommend to the City Council the installation of official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard, and to install and maintain the same when ordered to do so by resolution of the City Council. (b) The City Traffic Engineer shall ascertain and determine the locations where such signals are required by resort to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State Department of Public Works. Whenever the City Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any said inter- section. 3123. Lane Markings. The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. When authorized signs have been placed designating off -center traffic lanes, no person shall disobey the instructions given by such signs. 3124. Authority to Remove, Relocate or Discontinue Traffic Control Devices. The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by State law or this Chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. 3124a. No person other than the City Traffic Engineer or a person acting under his directions shall install, place, damage or remove any traffic control device except as otherwise expressly provided in this Code. 3125. Traffic Control Devices - Hours of Operation. The City Traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are speci- fied in this Chapter. Part 5 - TURNING MOVEMENTS 3126. Authority to Place and Obedience to Turning Markers. Intersections. Multiple Lanes. (a) The City Traffic Engineer is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the City Traffic Engineer is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. (b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. 3127. Authority to Place Restricted Turn Signs. The City Traffic Engineer is hereby authorized to determine those inter sections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or such signs may be removed when such turns are permitted. 3128. Obedience to no -turn signs. Whenever authorized signs are erected indicating that no right or left or U turn is permitted, 1� no driver of a vehicle shall disobey the directions of any such sign. 3129. Authority to Prohibit Right Turns Against Traffic Stop Signal. The City Traffic Engineer is hereby authorized to determine those intersections within any business or residence district at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign. Part 6 - ONE-WAY STREETS AND ALLEYS 3130. The City Traffic Engineer to Sign One -Way Streets and Alleys. Whenever this Code designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Part 7 - SPECIAL STOPS REQUIRED 3131. The City Traffic Engineer to Erect Stop Signs. When- ever this Code designates and describes any street or portion thereof as a through street, or this Code or resolution of the City Council describes any intersection at which vehicles are required to stop at one or more entrances thereto, the City Traffic Engineer shall erect and maintain stop signs as follows: A,stop sign shall be erected on each and every street intersecting such through street or portion thereof so desig- nated and at those entrances of other intersections where a stop is required. Every such sign shall conform with and shall be placed as provided in Section 471 of the Vehicle Code. 3132. Stop at Through Street or Stop Sign. (a) Those streets and parts of streets designated by ordi- nance or resolution of the City Council as such shall be through streets. (b) The provisions of this Part shall also apply at one or more entrances to the intersections as such entrances and inter- sections are described by ordinance or resolution of the City Council. (c) When stop signs are erected as herein provided at the entrance to any intersection, every driver of a vehicle shall ✓ stop as required by the Vehicle Code. 3133. Emerging from Alley or Private Driveway. The driver of a vehicle emerging from an alley, driveway or building, shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across an alley way. Part 8 - MISCELLANEOUS DRIVING RULES 3134. Driving Through Funeral Processions. No driver of a vehicle, except an emergency vehicle,, shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such processions are conspicuously so designated. 3135. Clinging to Moving Vehicles. Any person riding upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle shall not attach the same or himself to any street car or moving vehicle upon any roadway. 3136. Vehicles Shall Not be Driven on the Sidewalk. The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway. e 3137. New Pavement. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pave- ment or marking, or when a sign is in place stating that the street or any portion thereof is closed. 3138. Restricted Access. No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. 3139. Restrictions on Use of Freeways. No person shall drive or operate any bicycle, motor driven cycle, or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway, as defined by Sec. 604.5 of the Vehicle Code, nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians, provided official signs are in place giving notice of such restrictions. 3140. Crossing Fire Hose. No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street or across an entrance to any private driveway, for the purpose of being used at any fire, without the consent of the Chief of the Fire Department or the assistant in command. 3141. Racing. No person while operating any automobile, motorcycle or other motor vehicle, either upon the public streets or anywhere else within the City, shall engage in any race, con- test or game of "follow the leader", "hare and hound" or any other similar game or contest. 3142. Bicycle Riding Restricted. No person shall ride, or park or leave a bicycle upon any sidewalk. The rider of a bicycle upon a roadway shall ride as nearly as practicable within five feet of the right hand curb or edge of the roadway except when passing a standing vehicle or making a left hand turn at an intersection. 3143. Riding on Handlebars Prohibited. No operator of any bicycle when upon the street shall carry any other person upon the bar, handle or tank of any such vehicle, and no person shall so ride upon any such vehicle. 3144. Use of Coasters, Roller Skates and Similar Devices Restricted. No person mounted upon roller skates or riding in, on or by means of any coaster, toy vehicle or similar device 10- shall go upon any roadway or upon the sidewalk in any business district. 3145. Permit for Parades. No person shall hold or be a participant in any parade, procession or other assemblage or demonstration upon any public street unless a permit therefor has been granted by the City Council. Such permits may be granted by the City Council upon written application filed with the City Manager in such form as he may prescribe. Part 9 - PEDESTRIANS 3146. City Traffic Engineer to Establish Crosswalks. (a) The City Traffic Engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows: Crosswalks shall be established and maintained at all inter- sections and other places where the City Traffic Engineer deter- mines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in (b) of this section. (b) Other than crosswalks at intersections no crosswalk shall be established in any block which is less than four hundred feet in length. Elsewhere not more than one additional crosswalk shall be established in any one block and such crosswalk shall be located as nearly as practicable at mid -block. 3147. When Pedestrians Must Use Crosswalks. No pedestrian shall cross a roadway other than by a crosswalk in any business district. %N/ 3148. Crossing at Right Angles. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. 3149. Standing or Sitting in Roadways. No person shall stand in any roadway other than in a safety zone or in a cross- walk if such action interferes with the lawful movement of traffic. No person shall sit or lie in any roadway. This Section shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in line of duty. 3150. Selling Newspapers in Roadway. No person shall sell or give away any newspaper or other printed matter from a position or place in or upon any roadway. Part 10 - STOPPING, STANDING AND PARKING 3151. Application of Regulations. (a) The provisions of this Chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic con- trol device. (b) The provisions of this Chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code or of this Code prohibiting or limiting the standing or parking of vehicles in specified places or at speci- fied times. 3152. Standing in Parkways or Sidewalks Prohibited. No person shall stop, stand or park a vehicle within any parkway or sidewalk. 3153. Use of Streets for Storage of Vehicles Prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of one hundred twenty hours. (b) In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of one hundred twenty hours, any member of the Police Department authorized by the Chief of Police may remove said vehicle from the street in the manner and subject to the requirements of Sections 585 and 585.1 of the Vehicle Code. 3154. Parking for Certain Purposes Prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: 1. Displaying such vehicle for sale. 2. Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. 3155. Signs or Markings Indicating Angle Parking. (a) Whenever this Code designates and describes any street or portion thereof upon which angle parking shall be permitted, the City Traffic Engineer shall mark or sign such street indi- cating the angle at which vehicles shall be parked. (b) When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the road- way indicated by such signs or markings. 3156. Permit for Loading or Unloading at an Angle to the Curb. The City Traffic Engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. 3157. Parking Adjacent to Schools. (a) The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon either side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected indicating no parking upon a street adjacent to any school property, no person shall park a vehicle in any such designated place contrary to the pro- visions of such signs. 3158. Parking Prohibited on Narrow Streets. (a) The City Traffic Engineer is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet. (b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. 3159. Parking on Hills. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent within any business or residence district without blocking the wheels of said vehicle by turning them against the curb or by other means. 3160. Stopping or Parking Prohibited - Signs Required. The City Traffic Engineer shall appropriately sign or mark the follow- ing places and when so signed or marked no person shall stop, stand or park a vehicle in any of said places: 1. At any place within twenty-five feet of an intersection in any business district except that a bus may stop at a designated bus stop. 2. Within twenty-five feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device. 3. At any place where the City Traffic Engineer determines that it is necessary in order to eliminate unusual traffic hazard. 3161. Unlawful Parking - Peddlers, Vendors. (a) Except as otherwise provided in this Section no person shall stand or park any vehicle, wagon or push -cart from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within the City, except that such vehicles, wagons or push -carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (b) No person shall park or stand on any street, any lunch wagon, eating cart or vehicle, or push -cart from which tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the City Council which shall designate the specific location in which such cart shall stand. (c) No person shall park or stand any vehicle, or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle, or wagon without first obtaining a written permit to do so from the City Council which shall designate the specific location where such vehicle may stand. (d) Whenever any permit is granted under the provisions of this Section and a particular location to park or stand is speci- fied therein, no person shall park or stand any vehicle, wagon, or push -cart on any location other than as designated in such permit. In the event that the holder of any such permit is con- victed in any court of competent jurisdiction for violating any of the provisions of this Section, such permit shall be forth- with revoked by the City Council upon the filing of the record of such conviction with the City Council, and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. 3162. Emergency Parking Signs. (a) Whenever the City Traffic Engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Traffic Engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the City Traffic Engineer shall cause such signs to be removed promptly thereafter. 3163. Display of Warning Devices When Commercial Vehicle Disabled. Every motor truck having an unladen weight of four thousand pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Section 618 of the Vehicle Code shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semi -trailer is disabled upon streets or highways outside of any business or residence district upon which street or highway there is insuf- ficient street lighting to reveal a vehicle at a distance of two hundred feet during any time mentioned in Section 618 of the Vehicle Code, a warning signal of the character indicated above shall be immediately placed at a distance of approximately one hundred feet in advance of, and one hundred feet to the rear of Ordinance No. 62 such disabled vehicle, by the driver thereof. The warning sig- nals herein mentioned shall be displayed continuously during the times mentioned in said Section 618 while such vehicle remains disabled upon such street or highway. Part 11 - STOPPING FOR LOADING OR UNLOADING ONLY 3164. Authority to Establish Loading Zones. (a) The City Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in any business district. 2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. (b) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes. (c) Loading zones shall be indicated by a yellow paint line stenciled with black letters, "LOADING ONLY", upon the top of all curbs within such zones. (d) Passenger loading zones shall be indicated by a white line stenciled with black letters, "PASSENGER LOADING ONLY", upon the top of all curbs in said zones. 3165. Curb Markings to Indicate No Stopping and Parking. Regulations. (a) The City Traffic Engineer is hereby authorized, subject to the provisions and limitations of this Chapter to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth. 1. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. y6i 2. Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m, of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, pro- vided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes. 3. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m, and 6:00 p.m. of any day except Sundays and holidays and except as follows: When such zone is in front of a hotel the restrictions shall apply at all times. When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed. 4. Green shall mean no standing or parking for longer than twenty minutes at any time between 7:00 a.m, and 6:00 p.m. of any day except Sundays and holidays. (b) When the City Traffic Engineer as authorized under this Chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this Part. 3166. Effect of Permission to Load or Unload. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes. (b) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail. (c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (d) within the total time limits above specified the provisions of this Section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without per- mitting abuse of the privileges hereby granted. 3167. Standing for Loading or Unloading Only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 3166. 3168. Standing in Passenger Loading Zone. No person shall stop, stand or park a vehicle in any white loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 3166. 3169. Standing in Any Alley. No person shall stop, stand or park a vehicle in any alley for any purpose other than the loading or unloading of persons or materials. 3170. Bus Zones to be Established. (a) The City Traffic Engineer is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein. (b) The word "bus" as used in this Section shall mean any motor bus, motor coach, trackless trolley coach, or pas- senger stage used as a common carrier of passengers. (c) No bus zone shall exceed eighty feet in length, except that when satisfactory evidence has been presented to the City Traffic Engineer showing the necessity therefor, the City Traffic Engineer may extend bus zones not to exceed a total length of one hundred twenty-five feet. (d) Bus zones shall normally be established on the far side of an intersection. (e) The City Traffic Engineer shall paint a red line stencil with white letters "NO STANDING", together with the words "BUS ZONE" upon the top or side of all curbs and places specified as a bus zone. (f) No person shall stop, stand or park any vehicle except a bus in a bus zone. 3171. Painted Red, Stenciled Taxi Stand. No person shall stop, stand or park any vehicle other than a taxicab in any street where the adjacent curbing is painted red and has stenciled thereon the words "TAXI STAND". Part 12 - STOPPING, STANDING OR PARKING RESTRICTED 3172. Parking Time Limited in Business Districts. When authorized signs are in place giving notice thereof no person shall stop, stand or park any vehicle within a business district between the hours of 8:00 a.m. and 6:00 p.m, of any day except Sundays and holidays for a period of time longer than one hour. 3173. Parking Time Limited on Certain Streets. When authorized signs are in place giving notice thereof no person shall stop, stand or park any vehicle on any street designated by resolution of the City Council for a period of time longer than one hour at any time between the hours of 8:00 a.m. and 6:00 p.m. of any day except Sundays and holidays. Whenever the City Council shall, by resolution, designate certain parking res- trictions upon certain streets and shall, by resolution, order signs posted thereon giving notice of such restrictions, after such signs have been posted, no person shall park any vehicle upon such streets in violation of said restrictions. 3174. Same, During Certain Times. Whenever, in the opinion of the City Council, the parking of vehicles in any area consti- tutes a traffic hazard during certain times or hours, the City Council may by resolution designate the same as a hazard during rMa such times or hours and order signs to be erected in such area or along the curbing adjacent thereto prohibiting parking in such area during such times or hours, and parking thereafter in such area during such times or hours is hereby prohibited. 3175. Parking Prohibited at all Times on Certain Streets. When signs are erected giving notice thereof no person shall park a vehicle at any time upon any of the streets described by reso- lution of the City Council. 3176. All Night Parking Prohibited. Exception - Permit Required. No person shall stop, stand or park a vehicle on any street for a period of time longer than thirty minutes between the hours of 2:00 a.m. and 4:00 a.m. of any day. 3177. Public and Private Property. No person shall park any vehicle, whether attended or unattended, in any private driveway or upon any public or private property, except a highway, without the express or implied consent of the owner or person in lawful possession of such driveway or property. This Section does not prohibit any act, either expressly authorized or expressly prohibited by either Section 602 of the Penal Code, or Section 603 of the Vehicle Code of the State of California, or by any other State law. Part 13 - RESTRICTED USE OF CERTAIN STREETS 3178. Horse -Drawn Vehicles. No person shall drive any animal -drawn vehicle into or within a business district between the hours of 4:30 p.m, and 6:00 p.m. of any day. 3179. Truck Routes. (a) Whenever this Code designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the City Traffic Engineer is hereby authorized to designate such street or portion by appropriate signs as "Truck Traffic Routes" for movement of vehicles exceeding maximum gross weight limit of three tons. r - (b) When any such truck traffic route or routes are estab- lished and designated by appropriate signs, no person shall drive or park any vehicle exceeding a maximum gross weight limit of three tons on any street or portion of a street except those so designated as truck traffic routes, provided, however, that this Section shall not prohibit the uses set forth in subsection (e) of Section 713 of the Vehicle Code. The provisions of this Section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission. (c) The following streets and parts of streets are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight of three tons: 3180. Commercial Vehicles Prohibited From Using Certain Streets. (a) Whenever this Code designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Traffic Engineer shall erect and maintain appropriate signs on those streets affected. (b) The following streets and parts of streets are hereby declared to be streets the use of which is prohibited by any commercial vehicle. The provisions of this Section shall not apply to passenger buses under the jurisdiction of the Public Utility Commission: le - 3181. Parking Rules, Regulations and Laws. It is the intention of the City to provide reasonable traffic and parking rules, regulations and laws. All intersections, safety zones, crosswalks, roadway or curb parking, loading, standing, regu- lation markings, stop signs, boulevard stop signs, speed limit signs, slow signs, danger signs, caution signs, warning signs, traffic signals, and all other traffic control signs and devices, parking limit signs, roadway markings relative to traffic direction and control, and also relative to parking, now painted or marked or posted or in place or designated or authorized by existing county ordinances, or by county road commission, or by county Sheriff or by State Highway Patrol, or by other agencies to whom such authority was delegated by the State or County shall so con- tinue as if found, established or designated by this City Council 1, and shall be enforced pursuant to this Chapter as part of the traffic regulations of the City of Irwindale until the City Council adopts rules or regulations, or laws to the contrary. No person shall drive, stand, or park a vehicle in violation thereof. The foregoing shall remain enforceable as long as they conform with the provisions of the Vehicle Code of the State of California or until changed by the City Council. Hereafter, future designations 7_< ARTICLE V - SANITATION AND HEALTH Chapter 1 - INDUSTRIAL WASTE Part 1 - ADMINISTRATION 5100. Title. This Chapter shall be known as the "Industrial Waste Ordinance", and may be cited as such. 5101. Scope. The provisions of this Chapter shall apply to the discharge, deposit, or disposal of all wastes, including any material which may cause pollution of underground or surface waters in, upon, or affecting the incorporated territory of the City, and alteration and use of public sewers, industrial con- nection sewers, treatment plants, industrial liquid waste pre- treatment plants, dairy screen chambers, sand and grease inter- ceptors, sand interceptors, grease interceptors, and appurtenances; the issuance of permits and the collection of fees therefor and fees to pay the cost of checking plans, and making record plans of the facilities permitted hereunder. Part 2 - DEFINITIONS 5102. Definitions. The definitions in this Part shall govern the construction of this Chapter, and any permits issued thereunder unless otherwise apparent from the context. 5102.1. Boiler Blow -Off. "Boiler Blow -off" means the con- densed steam or hot water from a boiler when "blown off" to remove scale and slime or "blown -down" for cleaning and repair. 5102.2. Cesspool. A "cesspool" is a lined excavation in the ground which receives the discharge of a drainage or collection system including any part thereof, so designed as to retain all received material with the exception of liquids which are allowed to seep through the bottom and sides. 5102.3. Chief Engineer. "Chief Engineer" means the Chief Engineer of the County Sanitation District or the County Flood Control District, or his authorized deputy, agent, or representa- tive. The District referred to shall be that one stipulated by the context. Ordinance No. 62 5102,4. Conductor or Roof Leader. "Conductor" or "Roof Leader" means any piping which carries storm or rain water from any roof or building; yard or court. The term "downspout" is usually applied to the vertical portion. 5102,5. City Engineer. "City Engineer" means the City Engineer of the City of Irwindale, duly appointed by resolution by the Council, or his authorized deputy, agent, representative or inspector. 5102.6. City Health Officer. "City Health Officer" means the City Health Officer of the City, or his authorized deputy, agent, representative, or inspector. 5102.7. Clerk. "Clerk" means the City Clerk or his authorized deputy. 5102.8. Dairy Screen Chamber. "Dairy Screen Chamber" means a screening device of a type approved by the City Engineer. 5102.9. Dairy Wastes. "Dairy Wastes" means the waste liquids incident to operation of a dairy, including wash water from the milking barn, milk house, bottle washing equipment, and similar devices. 5102.10. Disposal Pit. "Disposal Pit" means an open excavation or sump constructed or maintained for the purpose of receiving and retaining various materials, with the exception of liquids, which are allowed to seep into the ground. 5102.11. Domestic Sewage. "Domestic Sewage" means the water borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system. 5102.12. Effluent. "Effluent" means the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of sewage or liquid industrial waste. 5102.13. House Lateral. "House Lateral" as used in this Chapter means that part of the horizontal piping beginning at the r property line or sewer right of way line and extending to its connection with the main line sewer, through which sewage is dis- charged. 5102.14. Industrial Building. "Industrial Building" means any building, structure, or works which is, or which is designed to be used for the manufacture, processing, or distribution of materials, equipment, supplies, food or commodities of any des- cription; or which is used or designed to be used as a school, sanitarium, hospital, penal institution, or charitable institution; together with all appurtenances thereto and the surrounding premises under the same ownership or control. 5102.15. Industrial Connection Sewer. "Industrial Connection Sewer" means that part of the horizontal piping beginning at the property line or sewer right of way line and extending to its con- nection with the main line sewer, through which is discharged liquid industrial waste. 5102.16. Industrial Waste. "Industrial Waste" means any and all waste substances, liquid or solid, except domestic sewage and includes among other things radioactive wastes and explosive, noxious or toxic gas when present in the sewerage system. 5102.17. Industrial Liquid Waste. "Industrial Liquid Waste" means any and all liquid or waterborne waste from industrial or commercial processes or operations, except domestic sewage. 5102.18. Industrial Waste Treatment or Disposal Facility. "Industrial Waste Treatment or Disposal Facility" means any works or device for the treatment of Industrial waste, prior to discharge. 5102.19. Inspector. "Inspector" means the authorized inspector, deputy, agent or representative of the City Engineer. 5102.20. Interceptor. "Interceptor" is a device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from wastes. 5102.21. Main Line Sewer. "Main Line Sewer" means any public sewer in a dedicated right of way in which changes in alignment and grade occur only at manholes, or where angle points, curves, >y 7% or changes in grade between manholes have been approved by the City Engineer. Such sewers are generally eight inches or more in diameter. 5102.22. Ordinance. "Ordinance" means an ordinance of the City of Irwindale or the Irwindale Municipal Code. "This Ordinance" shall mean this Chapter of said Code. 5102.23. Permittee. "Permittee" means the person to whom a 1' permit has been issued pursuant to the provisions of this Chapter. 5102.24. Person. "Person" means an individual human being, a firm, partnership or corporation, his or their heirs, executors, administrators, assigns, officers or agents; the City of Irwindale and any municipal, quasi -municipal, government agency, or district or officers thereof. 5102.25. Pollution of Underground or Surface Waters. "Pol- lution of Underground or Surface Waters" means affecting such waters in a manner which, if allowed to continue, would render them unfit for human or animal use or toxic to vegetation to an extent adversely affecting plant growth or curtailing crop yield. 5102.26. Public Sewer. "Public Sewer" means a main line sanitary sewer, dedicated to public use. 5102.27. Radioactive Material. For the purpose of this Chapter "Radioactive Material" is defined to be any material composed of or containing chemical elements which spontaneously change their atomic structure by the emission of alpha or beta particles or gamma rays or any other particles or rays or forms of energy. 5102.28. Section. "Section" means a section of this Code unless some other ordinance or statute is mentioned. 5102.29. Seepage Pit. A "Seepage Pit" is a lined excavation in the ground which receives the discharge of a septic tank, or otherwise, so designed as to permit fluids to seep through its bottom and sides. 5102.30. Sewage. "Sewage" means any water -borne or liquid wastes except storm water, ground water, roof or yard drainage and includes domestic sewage and industrial liquid waste. 5102.31. Street Property Line. As used in this Chapter, "Street Property Line" means a building line, where one has been established by ordinance, otherwise the street property line itself. 5102.32. Tapping. "Tapping" means the form of a Tee or Wye branch connection to a main line sewer by installing a Tee or Wye Saddle after the sewer is in place. 5102.33. Tee or T. "Tee" or "T" means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately ninety degrees. 5102.34. Trunk Sewers. "Trunk Sewer" means a sewer under the jurisdiction of a public entity other than the City of Irwindale. 5102.35. Wye or Y. "Wye" or "Y" means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately forty-five degrees. Part 3 - GENERAL PROVISIONS AND REGULATIONS 5103. Reference Includes Amendments. Whenever reference is made to this Chapter or any portion thereof, such reference applies to all amendments and additions thereto now or hereafter made. 5104. Delegation of Powers. Whenever a power is granted to, or a duty is imposed upon the City Engineer, the City Health Officer, or other City Officer, by provisions of this Chapter, the power may be exercised or the duty may be performed by a deputy of the officer of a person authorized pursuant to law by the officer or by anyone acting pursuant to contract with the City for the performance of such function, unless this Chapter expressly provides otherwise. 5105. City Engineer to Enforce. The City Engineer shall enforce all the provisions of this Chapter and for such purpose shall have the powers of a peace officer. Such powers shall not limit or otherwise affect the powers and duties of the City Health Officer. 5106. Minimum Standards. Treatment plants and facilities shall be designed so as to produce an effect which will not pol- lute underground or surface waters, create a nuisance, or menace the public peace, health, or safety. The City Engineer shall con- sult with the Health Officers and Officials of industrial and public agencies, and from time to time, promulgate standards which may vary according to location, topography, physical conditions, and other pertinent factors. 5107. Notice. Unless otherwise provided herein, any notice required to be given by the City Engineer under this Chapter shall be in writing and served in the manner provided in the Code of Civil Procedure for the service of process, or by Certified Mail. If served by mail, the notice shall be sent to the last address known to the City Engineer. adhere the address is unknown, service may be made as above provided upon the owner of record of the property. 5108. Time Limits. Any time limit provided for in this Chapter may be extended only by written mutual consent of the officer or department concerned and the permittee or applicant, or other person affected. 5109. Identification. The City Engineer shall provide means of identification for inspectors and sewer maintenance men which shall identify them as such. Inspectors and sewer maintenance men shall identify themselves upon request when entering upon the work of any contractor or property owner for any inspection or work required by this Chapter. 5110. Maintenance Inspections. The City Engineer may inspect, as often as he deems necessary, every main line sewer, sewage pumping plant, sewage treatment plant, industrial liquid waste pre-treatment plant, industrial connection sewer, interceptor, dairy screen chamber, dilution basin, neutralization basin, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance with the provisions of this Chapter. All persons shall permit and provide the City Engineer with access to all such facilities at all reasonable times. 5111. Access -Requirements. No object, whether a permanent structure, or a temporary structure, or any object which is diffi- cult of removal, shall be placed in such a position as to inter- fere with the ready and easy access to any facility described in Section 5110. Any such obstruction, upon request of the City Engineer, shall be immediately removed by the permittee at no expense to the City and shall not be replaced. 5112. Interference with -Inspectors. No person in the incorpo- rated area of the City shall, during reasonable hours, refuse, resist, or attempt to resist the entrance of the City Engineer into any building, factory, plant, yard, field, or other place or portions thereof in the performance of his duty within the power conferred upon him by law or by this Chapter. 5113. Maintenance -of -Plants; -Interceptors; -and -Other Facilities. The requirements contained in this Chapter, covering the maintenance of industrial liquid waste pre-treatment plants, dairy screen chambers, interceptors, or other appurtenances, shall apply to all such facilities now existing or hereafter constructed. All such facilities shall be maintained by the owners thereof in a safe and sanitary condition, and all devices or safeguards which are'required by this Chapter for the operation of such facilities shall be maintained in good working order. This Section shall not be construed as permitting the removal or non -maintenance of any devices or safeguards on existing facilities unless authorized in writing by the City Enginter. 5114. Maintenance of -house-Laterals-and House Sewers. All industrial connection sewers, and appurtenances thereto, now existing or hereafter constructed, shall be maintained by the owner of the property served in a safe and sanitary condition, and all the devices or safeguards which are required by this Chapter for the operation thereof shall be maintained in good working order. Ordinance No. 62 Part 4 - GENERAL POWERS AND DUTIES 5120. Record of -Fees. The City Engineer shall keep in proper books a permanent and accurate account of all fees received under this Chapter, giving the names and addresses of the persons on whose accounts the same were paid, the date and amount thereof, and the number of applications accepted, which books shall be open to public inspection. The City Engineer shall retain all fees received by him and shall make such disposal thereof as the Council shall direct. 5121. Permits -Exempt -from -Fee. This Chapter does not require the payment of any fee where the collection of such fee is pro- hibited by Section 6103 of the Government Code or by any other statute. 5122. Refunds. Any person having paid a fee in accordance with provisions of this Chapter may receive a refund upon written request to the City Engineer, and the City Engineer finds that no work has been done. The refund shall be paid as provided by law for the payment of such claims. 5123. Educational -Work. The City Engineer, may perform educational work, and may cooperate with Civic organizations, industries, water companies, and public agencies whenever, in the opinion of the City Engineer, such work and cooperation is essential to the development of standards or procedures which will prevent creation of a public nuisance, or menace to the public health or safety, or pollution of underground or surface waters. 5124. Joint Action with Other Public Agencies, The City Engineer may contact, confer and negotiate with officials of any public agency and may recommend to the Council a contract by which the City and one or more public agencies may jointly exercise any powers pertinent to the enforcement of this Chapter and any similar statute, ordinance, rule or regulation of such public agencies, common to all. The City Engineer may also recommend to the Council a contract between the City and any public agency. 5125. City Engineer to Accept Applications and Issue Permits. If it appears from the application for a permit required by this Chapter that the work to be performed thereunder is to be done according to the provisions of this Chapter, the City Engineer shall accept the fees hereinafter required, and the application, and shall subsequently issue a permit in accordance with the provisions hereof including such attached Conditions as the City Engineer may consider necessary. Part 5 - DISCHARGE OF INDUSTRIAL LIQUID WASTE TO THE PUBLIC SEWER 5130. Scope of This Part. The provisions of this Part shall pertain to the disposal of industrial waste to the public sewer only. 5131. Industrial -Waste -Disposal -Permit Required. A person discharging industrial liquid waste into a public sewer shall obtain a permit from the City Engineer if the City Engineer determines that either, or both, of the following are true: (a) Industrial waste treatment plants or facilities are required by the provisions of this Chapter. (b) Periodic inspection or tests of the character of liquid industrial wastes discharged into a public sewer are necessary to prevent increased mainten- ance costs or damage to the sewerage system or to insure compliance with the provisions of this Chapter. The City Engineer shall not issue such a permit unless he finds that sufficient capacity exists in the public sewer to allow for such industrial waste. For the purpose of this Section, garbage grinders powered by motors of one horse power or less, and grease interceptors installed in restaurants are not considered to be industrial waste treatment plants or facilities. 5132. Revocation of Permit. The City Engineer may recommend revocation to the Council of any permit issued to any person, and may upon revocation by the Council, disconnect from the public sewer any industrial connection sewer which is used contrary to the provisions of this Chapter, or fails to conform with conditions of such permit. 5133. Application -Form. Either the City Clerk or the City Engineer shall supply printed application forms for the permit required by this Part, which shall indicate thereon the informa- tion to be furnished by the applicant. The City Engineer may require, in addition to the information furnished by the printed form, any additional information from the applicant which will enable the City Engineer to determine that the proposed disposal complies with the provisions of this Chapter. 5134. Industrial Liquid Waste Disposal. Before recommending the granting of an Industrial Waste Disposal Permit to any applicant, the City Engineer shall determine either that the waste is one which will not damage or destroy the public sewer or cause an unwarranted increase in the cost of maintenance of the public sewer or retard or inhibit the treatment of the sewage or is one that can be made acceptable by pretreatment. 5135• Pretreatment Plans Required. In event pretreatment or special facilities are required to make the waste acceptable as provided under the provisions of this Chapter, the applicant for an Industrial Waste Disposal Permit may be required to furnish plans showing the method of collections and pretreatment proposed to be used, and a permit shall not be issued until said plans or required modification thereof have been checked and approved by the City Engineer. 5136. Limitations on Use of Sewer. A person shall not place, throw, or deposit, or cause or permit to be placed, thrown, or deposited in any public sewer or main line sewer any dead animal, offal, or garbage, fish, fruit, or vegetable waste, or other solid matters, or materials or obstructions of any kind whatever of such nature as shall clog, obstruct or fill such sewer, or which shall interfere with or prevent the effective use or operation thereof. A person shall not cause or permit to be deposited or discharged into any such sewer, any water or sewage or liquid waste of any kind containing chemicals, greases, oils, tars, or other matters in solution or suspension, which may clog, obstruct or fill the same, or which may in any way damage or interfere with or prevent the effective use thereof, or which may necessitate, or require frequent repair, cleaning out or flush- ing of such sewer to render the same operative or which may obstruct or cause an unwarranted increase in the cost of treat- ment of the sewage. Storm runoff water shall not be discharged into a sanitary sewer. 5137. Cooling Water, No uncontaminated cooling water shall be discharged into a drainage system connection with the public sanitary sewer except by written permission from the City Engineer. 5138. Garbage Condition. Garbage resulting from the pre- paration of food may be discharged into the public sewer if ground to a fineness sufficient to pass through a 3/8 -inch screen. Excessive unnecessarily large quantities of water shall not be used to flush ground garbage into the sewer. 5139. Temperature of Effluent. A person shall not discharge into the public sewer effluent of a temperature exceeding one hundred forty degrees Fahrenheit. 5140. Control of pH. Before any person shall discharge acids or alkalis into the public sewer, he shall control the pH to the extent which the City Engineer finds adequate. 5141. Toxic Substances. All toxic chemical substances shall be retained or rendered acceptable before discharge into the public sewer. 5142. Water from Milking Barn. No person shall permit wash water from a milking barn to be discharged into the public sewer unless such barn is equipped with a dairy screen chamber designed, ^ constructed, and maintained in accordance with the requirements of the City Engineer. 5143. Wash Rack Waste. No person owning or operating a private or public automobile wash rack shall permit any water or effluent therefrom to flow into any public sewer or house lateral unless such washrack is roofed over and is equipped with an interceptor approved by the City Engineer. Part 6 - DISCHARGE OF INDUSTRIAL WASTE OTHER THAN TO THE PUBLIC SEWER 5150. Scope of This'Part. The provisions of this Part shall pertain to the disposal, discharge, or deposit of all industrial waste including effluents from public sewers and sewage treatment plants except where such wastes are discharged to a public sewer in accordance with the provisions of Part 5 of this Chapter. 5151. Industrial Waste Disposal Permit Required. A person shall not maintain a deposit of waste material, or discharge or deposit or cause or suffer to be discharged or deposited, except as otherwise provided in this Chapter, any waste material, effluent, or other material which may cause pollution of under- ground or surface waters in or upon incorporated territory of the City, or into streams or bodies of surface or subsurface water, or storm drains, or flood controls channels, where the same is deposited upon incorporated territory of said City without first securing in the manner hereinafter provided a permit from the City Engineer so to do, and at all times having an unrevoked permit therefor, unless otherwise exempted by the provisions of this Chapter. 5152. Industrial Waste Disposal Permit Not Required. No permit shall be required for the disposal of waste which consists only of domestic sewage or uncontaminated cooling water or innocuous materials into septic tanks, cesspools or seepage pits. 5153. Application for Permit. Any person requiring a permit under the provisions of this Part shall make written application thereof to the City Engineer giving such information as the City Engineer may require. The City Engineer or City Clerk shall supply printed application forms, indicating thereon the information to be furnished by the applicant. The City Engineer shall accept such application only after he has received the fees as required herein. 5154. Plans Required. The City Engineer may require that in addition to the application for a permit, that suitable plans be submitted showing the proposed method of collection, treatment And disposal, and a permit shall not be issued until said plans or required modification thereof have been checked and approved by the City Engineer. The City Engineer may submit the application or plans, or both, to any public agency for comment or recommendation. 5155. Use of Public Property. Whenever facilities for the discharge of industrial waste connect to structures, or encroach on the property or rights of way owned or controlled by a public agency, the City Engineer may either (a) require that the applicant obtain a property use permit, license,.easement, or other right to use said properties prior to the issuance of a permit to dispose of industrial waste; or (b) issue such permit subject to the execution of a property use permit, license, easement, or other right to use said properties. 5156. City Engineer May Notify Other Public Agencies. When- ever an application for permit is accepted by the City Engineer notification thereof may be forwarded to the City Health Officer and such other public agencies, as in the opinion of the City Engineer appear necessary, and shall request a prompt reply containing their recommendations. Upon request, the applicant shall furnish the affected department or agency, such additional plans or information as may be required, relative to such appli- cation. 5157. Investigation by City Departments. Whenever notified that an application for permit has been accepted, the City Health Officer, the City Engineer, and other City Departments affected, shall make such investigations as in their opinions are required. The Health Officer and such other departments shall, within twenty days of notification of the filing of the application, make and file reports of their investigations with the City Engineer. Such reports shall narrate all facts found and shall recommend that the application be denied, or be granted in whole or in part, and if granted, subject to what conditions, if any. Such report may also disclaim interest in the application. -/ 5 y 5158. Action by Health Officer. When the City Health Officer finds that industrial waste or effluent or any other material is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of violation upon the person owning or operating the premises, describing the conditions and requiring the prompt correction thereof and shall so notify the City Engineer, 5159. Issuance of Permits. The City Engineer shall not a issue a permit as provided in this Chapter until he has determined that all of the following conditions have been met: (a) All fees or deposits hereinafter required have been paid. (b) Recommendations and conditions of the various City Departments, as contained in their reports, if any, have been met. The City Engineer may waive this provision except as to the requirements of the City Health Officer. Part 7 - PERMITS 5160. When Discharge is Prohibited. A person shall not discharge or deposit or cause or suffer to be discharged or deposited at any time or allow the continued existence of a deposit of any materials which may create a public nuisance, or menace to the public health or safety or which may pollute under- ground or surface waters or which may cause damage to any storm drain channel or public or private property. 5161. New Construction. Every person applying for a permit for construction of new industrial building or for an addition or alteration to an existing industrial building shall furnish to the City Engineer such plans, information, data, statements, or affidavits as the City Engineer may require for determination of the nature and quantity of industrial waste involved and the facilities to be provided for the disposal thereof. 5162. Industrial Waste Disposal Requirements. An application for a permit to construct a new industrial building or for an addition or alteration to an existing industrial building will not be approved until provision has been made for the installation of such pretreatment facilities and disposal . _D/ methods or both as, in the opinion of the City Engineer, are necessary to carry out the provisions and intent of this Chapter. 5163. Violations to be Investigated. Notwithstanding any exception mentioned in this Chapter, the City Engineer shall promptly investigate every complaint charging violation of any of the provisions of this Chapter, and shall take action to correct any violation discovered. 5164. Notice to Applicant. The City Engineer shall either recommend granting or denial of a permit after the receipt of the application. The City Engineer shall immediately notify the applicant whenever he grants a permit, denies a permit, grants a permit subject to Special Conditions or Limitations, or adds to or eliminates any Conditions or Limitations of an existing permit. 5165. Permit Subject to Limitations. The City Engineer may issue a permit containing limitations or conditions or both, or may modify an existing permit by addition or elimination of such conditions and limitations as may be necessary to accomplish the purpose of this Chapter, but in a permit covering the discharge or disposal of wastes other than to the public sewer, he shall include all limitations and conditions recommended by the City Health Officer. 5166. Request for Hearing. Within thirty days after receipt of notice of denial of a permit, granting of a permit subject to conditions or limitations, or the addition of conditions or limita- tions to an existing permit, the applicant or permittee may file with the Council a written demand for a public hearing. If he does not do so, he shall be deemed to have consented to the action of the City Engineer and such action shall be final. 5167. Notice to Correct Violations. When the City Engineer finds, as a fact, that industrial waste, effluent, or any other material is being maintained, discharged, or deposited in such a manner as to create a public nuisance, a menace to the public safety, pollution of underground or surface waters, or which may adversely affect or damage any public sewer, storm drain, channelo or public or private property, he may serve notice of violation upon the person owning or operating the premises, describing the conditions and requiring prompt correction thereof, and failure to comply with such notice shall constitute a violation of this Chapter. 5168. Permit Shall be Obtained. A person who is required to, but does not have a permit and who has been notified by the City Engineer that he is required to obtain a permit pursuant to the provisions of this Chapter, shall immediately apply for the required permit and shall rectify and cure all violations. Failure to do so shall constitute a willful violation of this Chapter. 5169. Suspension of Permit. When the permittee fails to conform with his permit or the conditions described in Section 5167 are so aggravated that immediate cessation of operation is necessary and the City Engineer so finds, as a fact, he shall suspend the permit. He shall serve notice of such suspension on the permittee. The City Engineer may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance with Section 5167, are not corrected within the time specified in such notice. 5170. Recommendation -to -Revoke -Permit. The City Engineer may recommend to the Council that a suspended permit be revoked. 5171. Notice of Suspension. The City Engineer shall immediately notify the permittee of suspension of permit or recommendation to the Council that such permit be revoked, or both. 5172. Discontinuance of Discharge or Deposit. A person whose permit has been suspended or who has been notified of violation, as provided in this Chapter, shall immediately dis- continue the deposit or discharge of industrial waste, sewage, -e' < ,or effluent, and shall not resume such deposit or discharge until a permit has been issued or reinstated by the City Engineer or Council as hereinafter provided. Failure so to do shall constitute willful violation of this Chapter. 5173. Rights of Permittee. Within the time specified in the notice of violation or suspension, the permittee shall: (a) Correct and remedy the conditions so specified, to the satisfaction of the City Engineer, or (b) File with the Council a denial that all of the conditions which the permittee admits do exist, or (c) File with the Council a denial that any of the conditions so specified exist and request a public hearing. 5174. Reinstatement of Permit By Engineer. The City Engineer shall reinstate a suspended permit when all violations are corrected. 5175. Notice of Public Hearing: Within thirty days after application for a hearing has been requested, the Council shall give notice of the time and place of public hearings to the applicant or permittee, the City Engineer, and the City Health officer when matters pertaining to public health are involved, at least ten days in advance of the date set for such hearing. 5176. Public Hearing. After a public hearing, requested by an applicant, or a permittee, the Council may: 1. Confirm the action of the City Engineer denying a permit or issuance of a permit, subject to Special Conditions and Limitations. 2, Instruct the City Engineer to issue a permit without conditions or limitations or with special conditions and limitations, as the Council may designate. 3. Continue suspension of an existing permit invoked by the City Engineer pending correction of objectionable conditions by the permittee. 4. Remove the suspension of an existing permit invoked by the City Engineer pending correction of object- ionable conditions by the permittee. 5. Deny that objectionable conditions exist and rein- state an existing permit. 6. Revoke an existing permit on any of the following grounds: (a) I+'ailure of the permittee to correct conditions as required by the City Engineer. (b) Conditions which would justify the denial of a permit. (c) Fraud or deceit was employed in the obtaining of a permit. (d) Any other violation of this Chapter or of any permit, license, or exception granted hereunder. 5177. Judicial Powers Not Delegated. In granting, denying, suspending, or revoking any permit, the City Engineer and the Council act in a purely administrative capacity. This Chapter does not delegate any judicial or quasi-judicial power to either the City Engineer or to the Council. Any person affected by such action shall be entitled to a trial du novo and an independent determination of the reasonable- ness and legality of such administrative action in a court of competent jurisdiction on all the issues of law, facts, and mixed questions of law and facts and opinions therein involved. 5178. Transfer Of Permits To Successor In Interest, The City Engineer shall transfer a valid permit to the successor in title or interest of the premises for which the permit was granted if such successor files with the City Engineer a written application signed by such successor, agreeing to comply with all the condi- tions of the permit, giving his mail address and such evidence of the transfer of title, or interest as the City Engineer may require. 5179. Permits Not Transferable From One Location Another. Permits issued are not transferable from one location to another, and discharge of wastes shall be made strictly in accord- ance with all provisions contained in the permit, at the location specifically designated therein. Part 8 - FEES AND DEPOSITS 5180. Permits Exempt From Fee. This Chapter does not require the payment of any fee where the collecting of such fee is pro- hibited by Section 6103 of the Government Code of the State of California, or by any other statute. 5181. Industrial Waste Disposal Permit Fee. Before accepting an application or issuing an Industrial Waste Disposal Permit, as required by this Chapter, the City Engineer shall collect a fee as the City Council shall establish from time to time by resolution which shall be separate and apart from any fees or deposits collected or imposed under other City ordinances, or regulation, or by reason of any license, agreement, or contract between the applicant and any other Public Agency. Part 9 - INDUSTRIAL WASTE TREATMENT PLANTS OR FACILITIES 5190. Industrial Waste Treatment Plants Or Facilities Required. Industrial waste treatment plants or facilities shall be installed whenever the City Engineer shall find, as a fact, that such facilities are required to safeguard the public health; prevent pollution of streams, or bodies of surface or underground water, prevent pollution of water wells or storage reservoirs, either natural or artificial; prevent damage or increased maintenance costs in the sewerage system; prevent damage to public or private property; prevent a public nuisance; or to comply with applicable regulations of any other Public Agency. 5191. Industrial Waste Treatment Facilities Not Required. Installation of industrial waste treatment facilities may not be required if the affected industry guarantees to separately dispose of any objectionable waste, in a manner which meets with the approval of the City Health Officer and the City Engineer, and receives a permit so to do from the City Engineer. 5192. Installation. Interceptors or other industrial waste treatment plants or facilities shall be so installed and constructed that they shall be at all times easily accessible for inspection and maintenance. 5193. Maintenance And Operation Of Treatment Plants Or Facilities. All industrial waste treatment plants or facilities, and all appurtenances thereto, now existing or hereafter constructed under jurisdiction of this Chapter shall be maintained by the owner or person having jurisdiction of the property affected in good operating condition and in a safe and sanitary condition at all times. All devices and safeguards which are required by this Chapter for the operation thereof, and all records of such operation shall be maintained in good order. 5194. Inspection Of Industrial Waste Treatment Plants Or Facilities, The City Engineer may make tests of industrial wastes, periodic inspections of Industrial Waste Treatment Plants or Facilities to determine whether such treatment plants or facilities are maintained in accordance with requirements of this Chapter. The City Engineer may also make periodic tests of samples of industrial waste or effluents obtained at the point of discharge or deposit to determine whether such discharges or deposits are made in accordance with the provision of this Chapter. 5195. Access To Properties, The City Engineer shall be permitted at all reasonable hours to inspect Industrial Waste Treatment Plants or Facilities, and to enter and inspect the place, enclosure, or structure where industrial wastes or effluent are discharged or deposited. A person shall not refuse to permit, and shall not hinder or obstruct in any way any reasonable inspection or investigation of such treatment plant or facilities or deposits or discharges by the City Engineer. 5196. Owner's Safety Regulations. Inspector shall comply with any special safety regulations brought to his attention by the owner or operator. 5197. Test Manholes Or Structures, The City Engineer may require the installation of a test manhole or other structure, r through which all industrial waste shall pass. Said structure shall be so designed that flows may be measured and samples readily obtained therefrom. ARTICLE vI - BUSINESSES, TRADES AND PROFESSIONS Chapter 1 - SALES AND USE TAX 6100. Short Title. This Chapter shall be known as the Uniform Local Sales and Use Tax Ordinance of the City of Irwin- dale. 6101. Purpose. The City Council of the City of Irwindale hereby declares that this ordinance is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of Cali- fornia; (b) To adopt a sales and use tax ordinance which incorpo- rates provisions identical to those of the Sales and Use Tax Law of the State of California in so far as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the said Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which imposes a one percent tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equali- zation in administering and collecting the California State Sales and Use Taxes; (d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible con- sistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance; (e) To adopt a sales and use tax ordinance which can be administered in a manner that will exclude the receipts of par- ticular sales from the measure of the sales tax imposed by this City which have.been included in the measure of the sales tax imposed by any other city and county, county other than the county in which this City is located, or city in this State, and avoid imposing a use tax on the storage, use or other con- sumption of tangible personal property in this City when the gross receipts from the sale of, or the use of, that property has been subject to a sales or use tax by any other city and county, county other than the county in which this City is located, or city in this State, pursuant to a sales and use tax ordinance enacted under the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code. 6102. Operative Date. Contract with State. This Chapter shall become operative on October 1, 1957, and prior thereto this City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; provided, that if this City shall not have contracted with the said State Board of Equalization, as above set forth, prior to October 1, 1957, this Chapter shall not be operative until the first day of the first calendar quarter following the execution of such a con- tract by the City and by the State Board of Equalization; 6103. Sales Tax. (a) (1) For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate of one percent (1%) of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the City of Irwindale on and after the operative date of this Chapter. (2) For the purposes of this Chapter, all retail sales shall be presumed to have been consummated at the place of busi- ness of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. Delivery charges shall be included in the gross receipts by which the tax is measured, regardless of the place to which delivery is made, when such-eharges are included in the measure of the sales or use tax imposed by the State of California. In the event a retailer has no permanent place of business in the State of California, or has more than one place of business, the place or places at which retail sales are consummated shall be as determined under rules and regulations prescribed and adopted by the Board of Equalization. (b) (1) Except as hereinafter provided, and except in so far as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended and in force and effect on October 10 1957, applicable to sales taxes are hereby adopted and made a part of this Section as though fully set forth herein. (2) Wherever, and to the extent that, in Part 1 of Division 2 of said Revenue and Taxation Code the State of Cali- fornia is named or referred to as the taxing agency, the City of Irwindale shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the City of Irwindale for the word "State" when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, or the name of the State Treasury, or of the Constitution of the State of California; nor shall the name of the City be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the City or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter; and neither shall the substitution be deemed to have been made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the State .- under the provisions of Part 1 of Division 2 of the said Revenue and Taxation Code; nor to impose this tax with respect to certain gross receipts which would not be subject to tax by the State under the said provisions of that Code; and, in addition, the name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 67151 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted. (3) If a seller's permit has been issued to a retailer under Section 6068 of the said Revenue and Taxation Code, an additional seller's permit shall not be required by reason of this Section. (4) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) Receipts from the sale of tangible per- sonal property upon which a sales or use tax has become due by reason of the same transaction to any other city and county, county other than the o=ty in which this City is located, or city in this State under a sales or use tax ordinance enacted by that city and county, county other than the county in which this City is located, or city in this State in accordance with Part 1.5 of Division 2 of the said Revenue and Taxation Code. (111) Receipts from sales to operators of common carrier and waterborne vessels of property to be used or consumed in the operation of such common carriers or waterborne vessels principally outside of this City. blo4. Use Tax. (a) An excise tax is hereby imposed on the storage, use or other consumption in the City of Irwindale of tangible per- sonal property purchased from any retailer on or after the operative date of this Chapter, for storage, use or other consumption in the City at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made. (b) (1) Except as hereinafter provided, and except in so far as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended and in force and effect October 1, 1957, applicable to use taxes are hereby adopted and made a part of this Section as though fully set forth herein. (2) Wherever, and to the extent that, in Part 1 of Division 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the City of Irwindale shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the City of Irwindale for the word "State" when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, or the name of the State Treasury, or of the Con- stitution of the State of California; nor shall the name of the City be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the City or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution �^ would be to provide an exemption from this tax with respect to certain storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such storage, use or other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the said Revenue and Taxation Code, or to impose this tax with respect to certain storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; and in addition, the name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted. Section: (3) There shall be exempt from the tax due under this (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts 1� from the sale of or the cost of which has been subject to sales or use tax under a sales or use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the said Revenue and Taxation Code by any other city and county, county other than the county in which this City is located, or city in this State. (iii) The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the genera- tion, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. (iv) The use or consumption of property pur- chased by operators of common carrier and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally outside the City. 6105. Amendments. All amendments to the said Revenue and Taxation Code enacted subsequent to the effective date of this Chapter which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the said Revenue and Taxation Code shall automatically become a part of this Chapter. 6106, Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this Chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. ARTICLE VIII - BUILDING REGULATIONS Chapter 1 - BUILDING, PLUMBING AND ELECTRICAL CODE 8100. Adoption of Los Angeles County Building Laws. Subject to the changes and amendments hereinafter set forth in this Chapter, that certain code entitled "Los Angeles County Building Laws, 1958 Edition", consisting of a published compi- r- lation of rules, regulations and standards adopted by the County of Los Angeles, an agency of the State of California, set forth therein in three parts, to -wit, Building Code, Electrical Code and Plumbing Code, three full printed copies of which, printed as a code in book form, were by the City Council ordered filed and which have been actually filed in the office of the City Clerk, and which as so on file are hereby referred to and by this reference expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same is hereby adopted and established as the rules, regulations, standards, provisions and conditions to be observed and followed in the construction, erection, enlargement, razing, alteration, repairing, removal, maintenance, moving, use, area and height of buildings and structures and certain equipment therein, and grading, in the installation, arrangement, alteration, repair, use and operation of electric wiring, connections, fixtures and other electrical appliances, and in the regulation of sanitary plumbing and drainage systems, house sewers and private sewage disposal ,- systems within the City of Irwindale, and the various parts of said code shall constitute the Building Code, Electrical Code and Plumbing Code, respectively, of and for the City of Irwindale. 8101. Same. Interpretation. Wherever in said Los Angeles County Building Laws, reference is made to the unincorporated territory of the County of Los Angeles, or similar phrases referring to said unincorporated territory, these phrases shall be construed to refer to the incorporated territory of the City of Irwindale. Whenever in said Los Angeles County Building Laws, reference is made to the Division of Building and Safety or the Bureau of Public Safety, the same shall be deemed and construed to refer to the Building Department of the City of Irwindale. Whenever reference is made in said Los Angeles County Building Laws to the County Engineer or to the Chief Electrical Inspector or to the Chief Plumbing Inspector, the same shall be deemed to refer to the person employed by or under contract with the City of Irwindale to act as the Building Inspector of the City or as the head of the Building Department of the City. 8102. Same. Amendment of Section 1601. Paragraph (a) of Sec. 1601 of said Building Code is deemed to be amended to read as follows: "(a) Fire Zones Defined. For the purpose of this Code, the entire territory of the City of Irwindale is hereby declared to be a Fire District and said Fire Dis- trict shall be divided into and shall be designated as Fire Zones Nos. 1, 2 and 3, and each of said zones shall include such territory or portions of said City as shall be set forth in ordinances heretofore or hereafter adopted. In the absence of any ordinance to the contrary, all of said City shall be included in Fire Zone No. 3." 8103. Penalties. No person, firm or corporation shall violate or fail to comply with any of the provisions of this Chapter or of the Los Angeles County Building Laws adopted by reference herein. Any person, firm or corporation violating any of the provisions of this Chapter or of the code adopted hereby shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine or not more than Five r Hundred Dollars or by imprisonment in the City Jail of the City of Irwindale or in the County Jail of the County of Los Angeles for not more than six.months or by both such fine and imprison- ment. Each such person, firm or corporation shall be deemed 8103.Penalties guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, relative to the foregoing shall be done pursuant to authorization given or granted by the City Council to any person, agency, or organization. ARTICLE IX - LAND USE Chapter 1 - ZONING 9100. Reference. Reference is hereby made to Ordinance No. 1494, as amended, of the County of Los Angeles, being the Zoning Ordinance of the County of Los Angeles. 9101. Adoption. There is hereby adopted as the Zoning Ordinance of the City of Irwindale, except as it is hereafter amended, Ordinance No. 1494 of the County of Los Angeles as it existed on August 6, 1957. 9102. Substitution. Wherever the words "Regional Planning Commission" and "Zoning Board" appear in said Ordinance No. 1494, the words "Planning Commission of the City of Irwindale" shall be substituted therefor, and wherever the words "Board of Super- visors" appear in said Ordinance No. 1494, the words "City Council" shall be substituted therefor. The staff of the City Regional Planning Commission may be used as the staff of the City Planning Commission. 9103. Geographical Area. Wherever in said Ordinance No. 1494 reference is made to the unincorporated area of the County of Los Angeles, such area shall be deemed to include in its true geographical location the area of the City of Irwindale. 9104. Previous Permits. All variances, special permits, and exceptions granted by the Regional Planning Commission or the Board of Supervisors and validly in effect upon the date of the incorporation of the City of Irwindale, are hereby approved, ratified and confirmed as to the entire premises to which the same relate with the same force and effect as if the same were reissued as of said date of incorporation and in accordance with the provisions thereof. r^ STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF IRWINDALE I, MAXINE HORST, City Clerk of the City or Irwindale, do hereby certify that the foregoing Ordinance No. 62 was regularly introduced and placed upon its first reading at a adjourned regular meeting of the City Council on the 16 day of December , 1958. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 6 day of January , 1959, by the following vote, to -wit: AYES: Councilmen: DIAZ, MARTINEZ, MIRANDA, ORNELAS. NOES: Councilmen: NONE ABSENT:Councilmen: COUNCILWOMAN SILVA My MR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF IRWINDALE ) MAXIM M. HORST, being first duly sworn, deposes and. says: That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On January 7, 1959, she securely and conspicuously posted at each pf:.the public places in said City, to -wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and. Irwindale Avenue. a copy of Ordinance No. 62 of the City of Irwindale, being in all respects the same as that attached and made a part hreof. Dated: January 7, 1959. City Clerk of the City of Irwindale, California