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Home My Public Portal AboutM 1940-02-27 - CC83 ADJOURNED REGULAR MEETING FEBRUARY 27L 1940 The City Council of the City of Lynwood met in an adjourned reg- ular session, in the Council Chamber of the City Hall, ll331 Plaza Street, on above date, at 1:00 P.M. Mayor Lake in the chair. Councilmen Nation, Christensen, Meyer, and Lake were present. .Councilman Snyder was absent. It was moved by Councilman Meyer and seconded by Councilman Christensen that the minutes of the previous regular meeting of February 20th, 1940 be approved as written. All members of the Council present voting aye, the Mayor declared the motion duly carried and it was so ordered. ~+layor Lake announced that the purpose of the meeting was for the purpose of discussing and taking action in. connection with whether or not to submit to the voters several propositions at the Municipal Election on April 9, 1940, suggesting that the marbel table issue be taken up first. The following spoke in favor of the placing of the issue of marble tables on the ballot: Mrs. W. I. Humphrey, A. D. Couse, Rev. Ed Goodell. The following spoke in opposition of placing the marble table issue on the ballot: Dr. Smith, Nir. Parker Childs, Ray J. Vile, Frsnk Thelman and Mrs. Bristol. After due consideration of the matter a proposed Ordinance, entitled: "AN ORDINANCE PROHIBITING THE POSSESSION OF PIN GAMES, MARBLE GAMES AND OTHER SIMILAR DEVICES IN PLACES OF BUSINESS OR OTHER PLACES OF PUBLIC RESORT; DECLARING SUCH DEVICES AND E~,UIPMENT TO BE A NUISANCE; PROVIDING FOR THE ABATEIu1ENT THEREOF;,MAKING A PENALTY FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITHN, was read, the contents of said proposed Ordinances reading as follows: THE PEOPLE OF THE INCORPORATED CITY OF LYNWOOD, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS, TO R~IT: Section 1: Any machine, contrivance, appliance, device or game operated, used, kept, possessed, placed or maintained in violation of Section 2 of this Ordinance is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided in Section 3 hereof. Section 2: It shall be unlawful for any person, firm or cop- oration to keep, maintain possess or have under control in any place of business or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee, or otherwise, any table game or device common- ly known a "pin game" or "marble game" or any "horse racing" machine or game or any device similar therto, the operation, use or play or which is controlled by the placing herein of any coin, plab', disk, plug, key or other device, or by the payment of any fee. Section 3: Any article declared by Sections 1 or 2 here of to be a nuisance and which shall be kept or maintained in any place of busi- ness or other place of public resort shall be seized by the police of the City of Lynwood and broughtbefore the City Court of said City. The Chief of Police shall then make application to said court for an order to abate said article by the destruction thereof. The City Court shall then order five days' notice of a hearing on said. application to be given to the party owning or clai~ing the same or in whose possess- ion it was found, and shall set a day for hearing on said application. If upon said hearing the court shall find that such article was kept and maintained in violation of the provisions of this ordinance, the courts shall order the abatement of such article as a nuisance, by the destruction thereof. It shall then be the duty of the ChiE#' of Po11ce to destroy such article or articles in accordance with the Court's order. Except that if any article shall have money deposited therein such money shall be de- posited in the general fund of said city. If any article or articles subject to destruction under the terms of this ordinance are in the custody of the Court within the.said City of Lynwood it shall be the duty of the Chief of Police to make an application for an order bf Court for the destruction of the same as above provided. Section 4: Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than X150.00 or by imprisonment in the city or county ,fail for a period of not more than 75 days, or by both such fine and imprisonment. Section 5: It is further ordained that allordinances or parts of ordinances of the said City of Lynwood inconsistent therewith are hereby repealed, and that neither the license collector nor the City Council of said City shall hereafter issue any license or permit for the operation within the City of Lynwood of any of the games or devices or machines prohibited by the sections 1 and 2 of this ordinance. Section 6: If any section, sentence, clause or phrase of this Ordinance be for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions thereof shall not be affected thereby, it being the intent of the people of the City of Lynwood in en- acting this ordinance that no portion or provision thereof shall become inoperable by reason of the unconstitutionality or invalidity of any other portion or provision. Thereupon it was moved by Councilman Nation and seconded by Councilman Meyer that said Ordinance be submitted to the voters of the City of Lynwood at the General Municipal Election to be held_on April 9, 1940; that same be included in the Resolution calling the Election, and that the City.Clerk be instructed to include a proposition irj(the NOTICE OF ELECTION as to whether or not such Ordinance shall be enacted, sent teach electorate, together with a sample ballot, as required by law. Roll Call: Ayes: Councilmen. Nation, Christensen, Meyer and Lake Noes: None Absent:Councilman Snyder. The Mayor announced that the proposed measure as to whether ~r not to submit the sale of firecrackers and fireworks to the electorates on April 9, 1940 would now be considered. Mrs. Catherine Haskell, Mr. Emery and Mrs. Slater addressed the Council in favor of submitting an Ordinance to the voters eliminating the sale of all firecrackers and all fireworks, excepting that fireworks may be discharged under the supervision of a party making proper applica- tion therefor. Thereupon a proposed ordinance,; entitled: ~~AN ORDINANCE PRO- HIT~TTNG THE RETAIL SALE OF OR THE USE Ok DISCHARGE WITHIN THE CORPORATE LIhTITS OF THE CITY OF LYNWOOD, CALIFORNIA, OF ANY FIFtECRACKEHS OR FIRE- WORKS HAVING OR CONTAINING POWDER OR OTHER EXPLOSIVE MATERIAL: MAKING THE VIOLATION HEREOF PUNISHABLE AS A MISDEMEANOR: AND REPEALING ALL ORDINANC- ES OR. PARTS OF ORDINANCES INCONSISTENT HEREWITH, was read, the contents of the proposed ordinance reading as follows: THE PEOPLE OF THE INCORPORATED CITY OF LYNWOOD, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: Section 1: It is unlawful for any person, firm or corporation to sell or cause to be sold at retail, or to discharge or cause to be discharged or used within the corporate limits of the City of Lynwood, California, any firecrackers or fireworks having or containing powder or other explosive material, except that fireworks may be discharged under supervision of a party making proper application therefor, as provided in accordance with Sections 12507 and 12508 of Chapter 60 of the Laws of the State of California, passed in 1939. Section 2: Any person, firm or corporation violating the pro- visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than X150.-80 or by imprisonment in the city or county ~_ail not longer than 75 days or by both such fine and imprisonment. Section 3: It is further ordained that all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Thereupon it was moved by Councilman Christensen and seconded by Councilman Meyer that said Ordinance be submitted to the voters of the City of Lynwood at the General ItAUnicipal Flection.to be held on April 9, 1940; that same be included in the Resolution calling the Elec- tion and that the City C1_erk be instructed to"include a propostion iin the NOTICE OF ELECTION as to whetheror not such Ordinance shall be en- acted, and the City Clerk be instructed to send copies of the proposed Ordinance to each electorate, to~~ether with a sample ballot, as required by law. Roll Call: Ayes: Councilmen Nation, Christensen, Meyer and Lake Noes: None Absent:Councilman Snyder. ~5 It was moved by Councilman Nation and seconded by Councilman Christensen that a proposition be submitted to the electorates of the City of Lynwood as to whether or not the salary of the member of the City Council shall be increased from X10.00 per month to35.00 per month, which the City Clerk is hereby directed to include in his NOTICE OF ELECTION. Roll Call: Ayes: Councilmen Nation, Christensen, Meyer, 'and Lake Noes: None Absent:Councilman Snyder. Thereupon RESOLUTION N0. 1223, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' LYN1`+~OOD, CALIFORNIA, CALLING A GENERAL MUNI- CIPAL ELECTION IN ACCORDANT WITH THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA", ~cas read. Thereupon it was moved by Councilmen Meyer and seconded by Councilman Nation that said Resolution No. 1223 be adopted. Roll Call: Ayes: Councilmen Nation, Christensen, Meyer and Lake Noes: None Absent:Councilman Snyder It was moved by Councilman Christensen and seconded by Council- man Meyer that the meeting adjourn to March 5, 1940, at ?:30 P.M. All members of the Council present voting aye, the Mayor declared the motion duly carried, and it was so ordered. ,~~ /'"~' YOR OF H CI OF LYN OOD ATTES'P t Y L , F LYN OOD /