HomeMy Public PortalAboutOrd. 0448 ��tl �
ORDINANCE N0. 448
AN ORDTNANCE PRUVIDING FOR THE ALLEVIATZUN
OF AIR POLLUTION� CITY OF LYNWOOD.
The City Council of the City of Lynwood doea ordain as
Pollowe:
ARTICLE I. General Provisions.
Section 1: "Article" meana an article of this ordinance
unlesa some other ordinance or atatute is mentioned.
Section 2: "Board" means the City Gouncil of the City
of Lynwood. .
9ection 3: "�iirector" means the Director of Air
Pollution Control provided for by OrBinance of the County of Los
Angelea No. 4460, New Seriea, entitled, °An ordinance creating a
Director of Air Pollution Control and preacribing h!a duties thereof",
adopted February 20, 1945.
Section 4: "Person'� means any individual, firm, co=part-
nership, ,joint adventure, association, social club, fraternal organi-.
zation, corporation, estate, trust, busineas trust, receiver, syndi-
' cate, this, anci any other county, city and county, municipality,
diatrict or other political subdivision, or any other group or
combination acting ae a unit, and the plural as well as the singular
number. �
Section 5: "3ection�' meana a eection oP this ordinance
unless some other ordinance or etatute is mentioned.
.8eetion 7: ��Shall" is mandatory and "may" is permiasive.
�. Section 8: Whenever a power ia granted to, or � duty ia
imposed upon, the Dlrector, or any other public officer, the power
may be exerciaed or the duty may be performed by a. deputy of the
officer or by a pereon authorized, purauant to law, by the officer, '
unless thia ordinance expreasly provides otherwise.
Section :y;: The present tenee includes the past and
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future tenses, and the future the present.
Section 10: The masculine gender includea the feminine.
Section 11: The singular number includea the plural, and
;the plural the singular.
Section 12: The prohibitiona of this ordinance do not
apply to any action either positively permitted or prohibited by
conatitutional provision or by general law,
Section 13: If any provisfon of this ordinance, or the
applicatibn thereof to any peraon or circumstance is held invalid,
the remeinder of the ordinance, and the application of such pro-
vision to other peraons or circumstances shall not be affected thereby,
Section 14: An9 person�guilty oP violating any provision
of this ordinance sha.11 be aub�ect to a fine of not to exceed Three
Hundred Dollars (�300.00) or by imprisonment in the County Jail for
a period of not more than Ninety �90) days, or both such fine and
imprisonment.
ARTICLE I2.
Section,l: Every person ia guilty of a miademeanor v�ho,
either by himself, hie employee or agent, or ae an employee or agent
of another, cauaes, auffers, or permite to be discharged from any
source whatsoever, any amoke, duet, soot or flzmes for a period or
f
periode aggregating more than three minutee in any one hour which ie:
s. Equal to or greater in denaity than that designated as
No. 2 on the Ringelmann Chart, as published by the
�nited Statea Bureau of Minea, or
b. So denae as to obscune the passage of light to a
degree equal to or greater than does smoke described
in sub�aection "a'� of this section.
Section 2: Every peraon is guilty of a miademeanor who,
either by himself, his employee or agent, or ae an employee or
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agent of another, causes., suffers, or permits to be discharged from
any source whatsoever such quantities of charred paper, smoke, duat,
soot, grime, carbon, noxious acids, fumes, gases, particulate matter,
or other material �vhich cauae inJury, detriment, nuisance or annoy-
ance to any conaiderable number of peraona or to the public or which
endanger the comfort, repose, health or safety oP any such persona
or the public or which cause or have a natural tendency to cauae
in�ury or.damage to bueiness or property.
Section 3: This ordinance doea not apply to amoke from
firea set by or permitted by the Los Angeles County Forester and
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Fire 'Narden,for the purpoae of weed abatement, the prevention of a
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fire hazard, or the inatruction of inembere of �s-staffsin the
methoda of fighting Pire.
section 4: The Director, during reasonable hours, for the
purpose of enforcing or administering this ordinance, raay enter every
building, premiaea, or other place, except a private residence.
Every person is guilty of a misdemeanor who in any way denies, ob-
atructa, or hampera such entrance.
ARTICLE III. Variationa. ,
Section 1: The provisions of this ordinance do not pro-
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hibit the discha,rge of matter to a greater extent or for a longer
time, or both, than permitted by Article II, if not of a greater
extent or long�er time than the Director finda necessary pursuant to
the provisions of this article.
Section 2: The Director on his own motion or at the
requeat of any person may hold a hearing to determine under what
conditiona and to what extent the diecharge of matter to a�reater
extent or for a longer time or both than that permitted by Article II
ia neceasary.
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�� Section 3: If the Director finde that because of conditions
beyond control, necessary equlpment is not obtainable with which to
make changes necessary to reduce auch discharge in extent or time, or
both, to that permitted by Article II, he may preacribe other and
dlfferent atandarda applicable to plants and equipment operated either
by named classes of industriea or persona, or to the operationa of
separate persons.
Section 4: If the Director finds that the burnin� oP rub-
bish or refuse ia necessary to prevent a fire or health ha.zard and
also finds that neither adequate equipment nor facilities are anailable
for the diaposal of such rubbiah in a manner conforming with Article II,
he may prescribe other and different standarda not more oneroua applic-
able either to named classea of rubbiah disposal or persons, or to
the operationa ef separate pereons.
Section 5: The Director may revoke or modify any order
permitting a variation after a public hsaring held upon not less
tha.n ten days notice.
$ection.6: The Director shalleerve notice of the time and
place of a hearing to revolce or mod.ify any order permitting a varia.tion •
not less than ten days prior to such hearing upon all persone who will
be aub�ec.ted to greater reetrictions if such order. is revoked or modi-
fied as proposed and upon all other persone who have filed with the
Direetor a written request for such notification, either in the manner
required by law for the aervice of summona or by Pirst class mail
postage prepaid. •
Section 7: The Director in making any order permitting
a variation may specify the time d.uring which auch order will be
efPective.
Sectlon 8: The City Clerk shall cert3fy to the passage
of this ordinance and cause same to be published once in the Lynwood
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Press, a newspaper of general circulation, printed, published,
and circulated in the City of Lynwood.
ADOPTED and APPROVED thia 18th day of Februarv ,1947.
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VIlAYOR OF u Y OF' LYI�V 00�—
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STATE OF' CALIFOR,IIA ) ,,.
COUNTY OF LOS AiQGELES : as.' . •
CITY Oi� LY'd':'JOGD )
I� tlie undersigned, City Clerk.o.f the City of
Lyn��iood, Californ_ia, do hereby certify that the above
and foregoing Ordinance �ias nuly adopted by the City
. Council of said Cit,y at a - -- - - regular ''
meeting thereof held in the City Hall of said�City,,'
on the 18th day of, Februar.y .. , 1947 and ,
passed by the follovaing vote; •
- AYES: . COi7DTCILMEDT; Dot.y,,.Jensen, Shrock,°.
Wiggins, and Williems.'
NOES: � COU"dCILivIEii: None.
ABSENT: COUi�iCILNI�N: None. .. � �
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; C' ,. GITY OF. N� 100ll,