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:
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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.
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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