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HomeMy Public PortalAboutOrd. 1179 ORDINANCE N0. 1179 AN ORDINANCE OF THE CITY CDUNCIL OF THE CITY OF LYNWOOD PROHIBITING ANY INSTALLATION OF AMUSEMENT GAME MACHINES OPERATED BY COIN OR TOKEN, OR ELECTRICALLY OR MECHANICALLY CON- TROLLED IN ANY COMMERCIAL ZONE, PENDING COM- PLETION OF A STUDY AND REPORT BY THE PLANNING DIVISION PERTAINING TO THE PROPER REGULATIONS FOR THE FUTURE INSTALLATION AND MAINTENANCE OF SUCH GAMES, AND ESTABLISHING AN INTERIM ZONING ORDINANCE AND SETTING FORTH FACTS CONSTITUTING SAME AS AN URGENCY ORDINANCE. The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: Section 1. The City Council finds and determines that amusement game machines operated by coin or token may now be in- stalled and maintained in connection with any business in the C-2 C-2A or C-3 Zones pursuant to the Zoning Ordinance, as amended; Section 2. The City Council finds and determines that the installation of such machines has occurred in connection with many diverse businesses; Section 3. The City Council finds and determines that at some of the businesses where amusement game machines have been installed, noise and traffic problems have been generated. Such businesses have resulted in the congregation of juveniles and certain undesirable and criminal activity. Section 4. The City Council further finds and determines that, pending a review and study of the Planning Division as to the most appropriate land use regulations for the installation and maintenance of such games in any place of business, further instal- lation of any such game machines in any commercial zone should be prohibited. Section 5. The City Council directs the Planning Division to immediately commence studies and hearings to determine the proper classification and/or regulations that should be adopted for the future installation of such game machines in connection with any business or amusement arcade. Section 6. This ordinance is an interim urgency zoning ordinance enacted pursuant to Section 65858 of the Government Code of the State of California, and in accordance therewith shall be of no further force and effect four (4) months from the date of adoption hereof. However, after notice pursuant to Section 65856 of the Government Code and public hearing, the City Council may extend this ordinance for eight (8) months, and subsequently extend this ordinance far one (1) year, subject to Section 65858 of the Government Code. Section 7. The City Council hereby finds and determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this ordinance as an urgency measure. A declaration of facts consti- tuting its urgency is as follows: L of 3 A. There is a need to review the Zoning Ordinance and the provisions contained therein pertaining to amusement arcades in order to determine the proper location(s) for such businesses. B. The Los Angeles County Sheriff's Department has reported that the proliferation of electrically or mechanically controlled amusement game machines has generated problems in terms of juvenile con- gregation, and that it is imperative to establish adequate controls to prevent unlawful activity, and to promote the public health, safety and wel- fare. C. The increasing installation of such game machines in all kinds of businesses may result in claims of vested rights which could interfere with proper planning for the location and operation of such businesses. D. Pending a study of the aforementioned matters by the Planning Division and the ti'oiding of pub- lic hearings thereon before the Planning Commis- sion and the City Council, any further installa- tion of such game machines in any place of busi- ness shall be prohibited in order to protect the public health, safety and welfare. Section 8. In order to protect the public health, safety and welfare, it is necessary to enact this ordinance as an urgency measure, to go into effect immediately upon adoption. To enact this ordinance after giving notice, the holding of public hearings daystfor(therordinancehtoebecomedeffectiveewill be~det~imentalyto30) the public health, safety and welfare in that numerous game machines have been established in all kinds of businesses which may be contrary to the regulations proposed by the Planning Commission and City Council. Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, 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 or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions, or the appli- cation thereof to any person or place, be declared invalid or un- constitutional. Section 10. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circ~.alated in the City of Lynwood. 2 of 3 APPROVED ANO ADOPTED this by the following vote: 2---~St daY of September -~, 1982 AYES: Councilmen Byork, Green, Morris, Rowe, Thompson NOES: None ABSENT: None LOUIS THOMPSON, MAYO ~~ City of Lynwood ;9TTES7; Andre~~ ~" °-~ a Hoorer, Ctty Jerk Cit Y o. Lynwood APPROV D AS TO FORM: APPROVED AS TO CONTENT: ,Q/I ~ ~~-r-a~~ 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ 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. 1179 _ 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 22nd day of Se tember p 1982. (SEAL ) ""v`~'L.ttE-- o` /'-r-c.~ City Clerk, City of Lynwo- od