HomeMy Public PortalAboutOrd. 1279ORDINANCE N0. 1279
ORDINANCE OF THE CITY OF LYNWOOD
AMENDING CHAPTER 12 OF THE LYNWOOD
MUNICIPAL CODE TO ADD ARTICLE IV
ENTITLED "HAZARDOUS MATERIAL RELEASE
RESPONSE PLAN AND INVENTORY."
The Council of the City of Lynwood does ordain as follows:
Section 1. Chapter 12 of the Lynwood Municipal Code is hereby amended
to add Article IV to read as follows:
_ ARTICLE IV. "HAZARDOUS MATERIAL RELEASE
RESPONSE AND INVENTORY"
Sec. 12-33. Assumption of Responsibility
Pursuant to the Health and Safety Code Section 25502, the City of
Lynwood assumes responsibility for the implementation of Chapter. 6.95
"Hazardous Materials Release Response Plans and Inventory" of Division 20
of the Health and Safety Code of the State of California and shall have
exclusive jurisdiction for the enforcement of the provisions within the
City of Lynwood.
Sec. 12-34. Administrating Agency
The Fire Department of the City of Lynwood is designated as the
"Administrating Agency" as defined in Health and Safety Code Section
25501(a) and shall be responsible for the administration and the
enforcement of the provisions of Chapter 6.95 of Division 20 of the
Health and Safety Code within the City of Lynwood.
Sec. 12-35. Penalties for Violations of Health and Safety
Code Section 25507
Any person or business who violates Section 25507 of the Health
and Safety Code of the State of California, requiring immediate re-
porting of any release or threatened release of a hazardous material
to the administrating agency and the provision of access to the handlers
facilities for emergency personnel, shall, upon conviction, be punished
by a fine of not more than twenty-five thousand dollars ($25,000) for
each day of violation, or by imprisonment in the county jail for not
more than one year or by both the fine and imprisonment. If the con-
viction is for a violation committed after a first conviction under
this section, the person shall be punished by a fine of not less than
two thousand dollars ($2,000) or more than fifty thousand dollars
($50,000) per day of violation, or by imprisonment in the state prison
16, 20, or 24 months or in the county jail for not more than one year,
or by both the fine and imprisonment. Furthermore, if the violation
results in, or significantly contributes to, an emergency, including
a fire, to which the City is required to respond, the person shall also
be assessed the full cost of the City emergency response, as well as
the cost of cleaning up and disposing of the hazardous materials.
Section 2. The City Clerk is hereby ordered and directed to certify
to the passage of this ordinance and to cause same to be published once
in the Lynwood Press, a newspaper
First read at a regular meeting of the City Council of said City
held on the 16th day of September 1986, and finally
ordered published at a regular meeting of said Council held on the
7th day of October 1986.
AYES:
NOES:
ABSENT:
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'ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
City Attorney
COIINCILPERSON BYORK, MORRIS, WELhS, HENNING
NONE
NONE'
ROBERT HENNING, Mayo
City of Lynwood
APPROVED AS TO CONT T:
L~
Charles, Gomez, City Manager
STATE OF CALIFORNIA )
COUNTY OF LOS AiNGELES )
ss.
I, :the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said City,
do hereby certify that the above is a true and correct copy
of Ordinance No. 1270 adopted by the City Council of the
City of Lynwood, and that the same was passed on the date
and by the vote therein stated.
DATED this 10th day of October 19 86
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City er
City o£ Lynwood