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HomeMy Public PortalAboutOrdinance 384ORDINANCE NO. 384 AN ORDINANCE REGULATING THE BURNING OF MATERIALS IN THE CITY; PRESCRIBING REQUIREMENTS FOR OBTAIN- ING PERMIT THEREFOR; PROVIDING PENALTIES FOR NONCOMPLIANCE; AND REPEALING ORDINANCE NO. 260 OF THE CITY OF BEAUMONT AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH. The City Council of the City ok Beaumont does ot'dain as follows: Section 1: It shall be unlawful for anY Pierson; firm or Corporation to burn by fire any material of any nature other than in a stove or other suitable burning receptacle located intirely within a residence or other building structure; except between the hours designated by the City Council and in no event during any time that a wind of over ten miles per hour is blowing in the vicinity of such burning; provided, however, any person, firm or corporation desiring to burn tree trimmings, brush or other material attached to the soil or otherwise, and incapable of placing in an incinerator or other burning receptacle, shall first obtain a fire permit from the Fire Chief of the City of Beaumont, or his duly authorized agent. Said permit is to be in form prescribed by said Fire Chief, and will be issued for a period not to exceed thirty days. It shall be unlawful for any person, firm or corporation to place, deposit, or leave for any unreasonalbe length of time (24 hours or more shall be deemed to be an unreasonable len th of time.) any refuse material of a combustible nature of any kind in or upon any street, alley, yard, lot or any public or private place in such quantities or in such manner as may become a fire hazard, and any such person, firm or corporation placing, depositing or leaving any such refuse material in any such place in any such quantities, or in such manner as may become a fire hazard, shall remove the same as soon as reasonably possible, and in any event, shall cause the same to be removed immediately upon being so advised by the Fire Chief of the City of Beaumont, or his authorized agent, to remove the same. In the event the said material shall not be removed by such person, firm or corporation, upon being so notified, the said Fire Chief, or his authorized agent, shall take such steps as may be necessary to remove the same, and charge the cost thereof to the person, firm or corporation responsible there- for, which shall thereupon become a civil obligation, the collection of which shall be enforceable at law. Section 2: Any person or persons violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $300.00, or by imprisonment in the city or county jail not exceeding three months, or by both such fine and imprisonment. Section 3: That if any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance, and the City Council of the- City of Beaumont hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses or phrases, be declared invalid or unconstitutional. Section 4: This ordinance may be amended and/or modified to provide for the further or different regulation of the burning of materials in the City of Beaumont, and the obtaining of a permit therefor, by resolution of the City Council of the City of Beaumont. Section 5: Ordinance No. 260 and all other existing ordinances or parts thereof, of the City of Beaumont are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance. Section 6: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published once in the RECORD -GAZETTE, a newspaper of general circulation, published in the City of Beaumont, hereby designated for the purpose. PASSED, ADOPTED AND APPROVED this 23rd day of January , 1968 ATTEST: L City Clerk Mayor STATE OF CALIFORNsA ) COUNTY OF RIVERSIDE)SS CITY OF BEAUYONT ) I, Bernice Conine, City Clerk of the City of Beaumont, do hereby certify that the foregoing Ordinance No. 3$4 was intro- duced and read at a regular meeting of the City Council of said City duly held on the 9th. day of January, 1968, and that the same was duly passed and adopted at a regular meeting held on the 23rd day of January, 1968, by the following vote: Ayes: Councilman Haskell, Karnes, Kief, Muse and Houston. Noes: Councilman None. Absent: Councilman None. City Clerk.