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HomeMy WebLinkAbout069r - ORDINANCE NO. 69 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE IRWINDALE MUNICIPAL CODE BY THE ADDITION THERETO OF CERTAIN PRO- VISIONS RELATING TO DISORDERLY, UNLAWFUL AND IMMORAL CONDUCT. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The Irwindale Municipal Code is hereby amended by the addition thereto of a new Article IV entitled "Public Welfare" and a new Chapter 1 thereof entitled "Disorderly, Unlawful and Immoral Conduct consisting of Sections 4100 to 4126, inclusive. reading as follows: ARTICLE IV - PUBLIC WELFARE Chapter 1 - DISORDERLY, UNLAWFUL AND IMMORAL CONDUCT 4100 Drunkenness on Public Property. No intoxicated person or person in an intoxicated condition, shall appear, remain or be in or on any public highway, street, alley, way, park, play- ground or public place in the City, whether such person is or is not in or upon any automobile, street or interurban car, vehicle or conveyance. 4101. Drunkenness in Public Place. No intoxicated person or person in an intoxicated condition shall appear, remain, or be in or on any place open to public view or in any store, railroad depot, stadium, or other place to which the public is admitted or invited. 4102. Drunkenness on Private Property. No intoxicated person or person in an intoxicated condition shall appear, remain, or be in or on any private premises or in any private house to the annoyance of any other person. 4103. Drinking on Public Highway. No person shall go upon or be or remain upon any part of a public highway while he is consuming any alcoholic beverage. 4104. Drinking in Vehicle. No person shall enter or be Ordinance No. 69 or remain in any vehicle while such vehicle is on any part of any public highway when such person or any other occupant of such vehicle is consuming any alcoholic beverage. 4105. False Reports of Crime. No person shall report to or inform any peace officer or other law -enforcing officer, person, or agency that any crime has been committed, whether felony or mis- demeanor, who does not in good faith believe that such crime has been committed. 4106. Loitering. Obstructing Passage. No person shall loiter or stand or sit in or upon any public highway, alley, side- walk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same, or so as in any manner to annoy or molest persons passing along the same. 4107. Obstructing Entrance. No person shall loiter or stand or sit in or at the entrance of any church, hall, theatre or place of public assemblage so as in any manner to obstruct said entrance. 4108. Minors. Curfew. No person under the age of eighteen years shall loiter about the public streets, avenues, alleys, parks or public places between the hour of 10:00 P.M. and the time of sunrise of the following day when not accompanied by his parent or legal guardian having legal custody and control of such person, or by the spouse of such person over twenty-one years of age. 4109. Parents. Curfew. No parent, guardian, or other person having legal care, custody, or control of any person under the age of eighteen years shall allow or permit such person to violate any provision of Section 4108 of the Code. 4110. Sexual Intercourse. Soliciting. No person shall in any rooming house, lodging house, hotel, inn, or any public highway, or in any other place in the City, solicit any person of the Ordinance No. 69 opposite sex to whom he or she is not married to have sexual inter- course with such person so soliciting, or solicit any person to have sexual intercourse with any person to whom the person so solicited is not married. 4111. Lewdness. Soliciting. No person shall in any room- ing house, lodging house, hotel, or inn, or on any public highway or in any other place in the City, solicit any person to commit any lewd or lascivious act. 4112. Resorting. No person shall resort to, visit or be present at, any rooming house, lodging house, hotel, inn, or other place in the City for the purpose of having therein sexual intercourse with a person to whom he or she is not married, or for the purpose of committing therein with any person any lewd or lascivious act. 4113. False Registration. No person shall register at any rooming house, lodging house, hotel, inn, or other place in the City under the name of any other person or of a fictitious person, or give or sign or cause to be signed upon the register of any rooming house, lodging house, hotel, inn, or other place, any assumed, false or fic- titious name, or any name other than the true and correct name of the person so registering, or so giving or signing or causing his or her name to be signed. 4114. Games Prohibited. No person shall deal, play, carry on, open, or conduct any game of chance played with cards, dice or any other device, for money, checks, credits or other thing of value; and no person shall bet at any of said prohibited games. 4115. Permitting Games of Chance on Premises. No person shall knowingly permit any game prohibited by this Chapter to be played, conducted, or dealt in any house or other premises owned by, rented by or in the lawful possession of such person. 4116. Games of Chance. Conducting. No person, either as owner, lessee, manager, employee, agent or servant, shall carry on, maintain, operate, open, deal or deal in any game, operation of Ordinance No. 69 transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is the determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, charac- ter, symbol, letter, design or mark of any device, apparatus or equipment, or by any means or in any manner, or by the drawing, select- ing, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, refer- ring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person, where, by any pre -determined or pre- arranged, or by any rule, method, scheme, design or procedure any person is found, declared or determined to be, or is, or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or !^ Ordinance No. 69 pledges, either directly or indirectly, or agrees, promises, or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of play- ing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any place or premises. Provided, however, that no provision of this Section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 320a, or of Section 330 of the Penal Code, or of any other code section or general law of the State of California, it being the intent of the City Council to prohibit by this section all games, operations or transactions herein described, not prohibited by the provisions of any general law of this State, including all games, operations or transactions for profit commonly known as Keno, Tango, Movie Tango, Bingo, Beano, Sill Ball, Fortune, Quintain, Fascination or Inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated. 4117. Same. Playing. No person shall participate in play, play in or engage in, either directly or indirectly any game, opera- tion or transaction prohibited by the provisions of Section 4116. 4118. Same. Owner of Premises. No person, owning, leasing, managing, controlling or having any interest in any property or premises lying within the City shall cause or permit the maintenance or opera- tion in or on such property or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of Section 4116 hereof to be unlawful. 4119. Bookmaking. Leasing Wire Service. No person, either Ordinance No. 69 as principal, agent, employee or otherwise, shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a pool room, or for the purpose of conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest; and no person shall transmit any message over any telephone or telegraph line or wire owned, controlled or leased by any person engaged in conducting or carrying on a pool room or in conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest, knowing that such message is to be used in conducting or carrying on such pool room or business as defined in Section 4121. 4120. Possession of Certain Gaming Information. No person shall have in his or its possession in the City any written or printed form, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or represented as giving, any list, or probable or possible list, of entries for any horse race or other contest thereafter anywhere to take place or which is anywhere taking place, if there by written or printed or published as part thereof, or in connection therewith, or in any other publica- tion, printing or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction, or selection r - of, or advice as to, or any key, cipher, or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or Ordinance No. 69 contest, or the actual, probable or possible state, past, present, or future, of the betting, wagering or odds upon or against any horse or other contestant named in such list, or probable or possible list, of entries unless the names of such horses or other contestants shall be arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all an equal distance therefrom. 4121. Pool Room Defined. For the purposes of Section 4119 a pool room is defined to be a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business. 4122. Lookouts. Every person who acts as a guard or lookout for any building, premises, or establishment used for gambling, prostitution, or any other form of vice or illegal act, or where alcoholic beverages are illegally kept, sold, or pur- chased, or for any person soliciting, offering, or engaging in prostitution, gambling, or any other form of vice, or illegal act, is guilty of a mesdemeanor. 4123. Same. Signals. Every person who gives any signal intended to, or calculated to warn, or give warning of the approach of any peace officer to any person in or about any building or prem- ises or places mentioned in Section 4122 of this Code is guilty of a misdemeanor. 4124. Destruction of Gaming Equipment. The Sheriff, or other law enforcement agency of this City, shall destroy any device, game, cards, or other thing which is used, kept, placed or maintained in violation of any statute or of this Chapter or any other ordi- nance after the person, firm, corporation, or association, owning, possessing or having control of such cards, game or thing has pleaded guilty to or has been convicted of such violation and such Ordinance No. 69 plea of guilty or conviction has become final. 4125. Deposit of Money. The Sheriff, or other law enforce- ment agency of this City, shall deposit with the City Clerk to the credit of the general fund all money contained in any game or thing he destroys pursuant to the provisions of Section 4124 of this Code. He shall destroy all other contents of such game or thing. 4126. Application to Court. The Sheriff, or other law enforcement agency of this City, shall apply to the judge of any court which has custody of any thing subject to destruction under the terms of Section 4124 of this Code for any order releasing such cards, game or thing to him for the purpose of complying with this Chapter. SECTION 2. Ordinances Nos. 6 and 7 adopted August 6, 1957, Ordinances Nos. 14, 15, 17 and 18 adopted August 13, 1957, Ordinances Nos. 21 and 22 adopted August 24, 1957, and Ordinance No. 51 adopted May 19, 1958, are hereby repealed. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted as pre- scribed by law. APPROVED AND PASSED this 7th day of April, 1959. i STATE OF CALIFORNIA ) COUNTY OF LOSANGELES) SS CITY OF IRWINDALE ) I, MAXINE HORST, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 69 was regu- larly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of April, 1959. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 21st day of April, 1959, by the following vote, to -wit: AYES Councilmen: Diaz, Martinez, Miranda, Silva, Ornelas. NOES . Councilmen: None ABSENT: Councilmen: None City Cleric STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF IRWINDALE ) MAXINE 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 April 9, 1959, she securely and conspicuously posted at each of 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 a copy of Ordinance No. 69 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: April 9, 1959 City Clerk of the City of Irwindale, California