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HomeMy Public PortalAboutOrd. 0678ORDINANCE No. 678 AN ORDINANCE DEFINING NUISANCES AND PROVIDING FOR THE ABATEMENT AND DESCRIBING PENALTIES AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, The City Council of the City o£ Lynwood does ordain as follows: Section l. Purpose of the ord.inance. The intent of the City Council in adopting this ordinance and the purpose thereof is to protect the inhabitants of the City of Lynwood against all forms o£ nuisances not specifically prohibited by State law growing out of any action, activity, cond.ition, circumstance, or situation permitted to exist within said city and caused or produced. by any person, beast fowl, reptile, or insect, or by any mechanical or other contrivance injurious to the public health or to the public safety or morale or which is indecent or offensive to the senses or an obstruction to the free use of property to such an extent as to interfere with the comfortable en,joyment of life or property by the entire community or neighborhood or by any consid.erable number of persons. Section 2. Nuisances declared and prohibited. The City Council d.eclares that each and every violation of the conditions hereinafter set forth constitutes a nuisance or nuisances within the meaning and.for the purpose of this ordinance, and any person, firm, company, or corporation creating, causing, committing, maintaining, or permitting such nuisances or any of them shall be guilty of a misdemeanor punishable as hereinafter provided. Section 3. Definitions, (a) "Person." The word "person" as used herein shall include the singular and the plural and shall also mean and. include any person, firm, corporation, association, club, partnership, society, or any other form of association or organization. (b) "Sound Truck." The words "sound truck" as used herein shall mean any motor vehicle, or horse-d.rawn vehicle, having mounted. thereon, or attached thereto, any sound amplifying equipment. -1- I~ 1~ ~ ~ (c) "Soiand amplifying equip~ent." Th~ Worda "souad ampli- fqing equipment" as used herein shall mesn any machine or derice tor the amplifieation oP the hu~an voice, music~ or any other sound. "Sound amplifying equipment" a~ used herein ahall not be conetrued ae including at~ndard automobile radios when used and hesrd only by occu- panta of the vehiele in which installed or aarning devieea on author- iZed emergeaey vahicles or horna or other earning devieas on other vehiclea used only for traPfic safety purposes. (d) "Foxl." The word "Po~l" as uaed herein shall mean e large or edible bird and shall not be deemed to mean eage birda. (e) The term "racing, homing pigeoas," meana "a pigeon tPained to return home Pron a distance." 3aid racing, homing pigeona can be identified by a ae~mless leg band iasned by the American Racing Pigeon Union and ~U and the Pigures deaignating the year isaued." Section 4. ANI~IALS AND POIILTRY - REEPING, GENERAL REGULATION3. Aniffial~ - Regnlations for Keeping. (a) Sanitary requirements for the keeping oP animal8 and poultry. Every place, premises, atructure, enclosure, barn, atable, shed, hutch, op coop in which any animal, poultry, or fowl is kept shall be maintained in a cl~an, well-drained, sanitary condition, free of rata and excessiae secumulations of manura, infestations of fliea or nermin, or any condition which creates Pl~g, mosquito, rodent, or other vermin breeding. The presence upon the premisea, strueture, encloanre~ or in the barn, stable, shed, hutch, or coop oP larvae or wortas shall be prima facie evidence in any eourt of competent ~urisdiction of fly or mosquito breeding. (b) The health oPfieer may require that any portion of the premisea or enclosures in which animals or Powl are kept ahall be grad~d~ repaired, spaded, or treated with suitable ehemicals, larvaeeides, or insecticides, when, in his opinioa, it is neeeasary to eliminate or abatm dust or odor, nuidanees, rodent or Plp inPeatationa, fly or mosquito breeding, or other unsenitary eonditions. (c) Purauant to the sanitarg requirements of subsection (a) hereof, all dog manure accumulations ehall be removed from the premisea or encloaure~ in which tlze doga are kept, or paoperly buried or spaded ~g~ into the ground within twenty-four (24) hours, and all other manure aecumulations shall be removed from the premisea or snimal or poultry shelters or enclosures as often as is necessary for complicance herewith~ and such manure shall be removed from the premisea at least tw3ce a week, or properlg buried or spaded into the ground, unlesa it is stored or used in such a manner that it doea not, in the opinion of the health oPficer, create a dust or odor nuisance, or fly, mosquito, rats~ or other vermin bresding. (d) Purauant to the sanitary r~quiramenta of Subsection (e) hereof, no person shall cause, suffer, or permit sn sccumulation of any ma,terial that may serwa as a harbor Por rata. 1[aterial thet can, vnder ordinsay circumstances, be reasonably suspected of being eapable of harboring rata shall be elevated not more than 18 inches aboee the grovnd, with a clear, intervening apac• thereunder. 3ection 5. ANIMAL3, PQULTRY - DISTANCES FROM DWELLING5. (a) Ao person shall keep any horse or other equine, cow, ea1P, heifer, sheep, or other similar animal, or the manvre thereProm~ cloaer than the following distances: (1) Within Pifty (50) feet of the deelling or residence occupied by the owner of such animal (2) 4Vithin seventy-fiee (75) feet of an9 other dwellinga or any place used for residential, school, church, hospital, publie assembly plaee, restaurant, food establishment, or other similar building. (b) No per~on ahall keep ang rabbit, hare, ehicken, rooster~ game cock, turkey~ peacock, goose, duck, pheasant~ or other fowl (except pigeona) or the manure thereProm cloaer than the Pollowing distance: (1) Within thirty-Pive (35) feet of the dwelling or residence of the owner of said poultry. (2) Within fifty (50) feet of any other dw•llin~, resi- dence, or lining quarters, providing that any cro~ring rooster, game cock, turkey, peacock, duck, or other foal capable oP loud erowin~ or like noise~ shall not be kept within ons -3- hundred. (100) feet of any dwelling, residence, or living quarters of persons other than the owner. Section 6. CONTROL OF FOWL. No person owning or having control of any chickens, ducks, geese, turkeys, or other fowl shall permit the same to run or go upon the premises of any other person. Section 7. No person shall keep, or suffer to be kept, more than one male rooster, or more than one male turkey, nor shall such person keep or suffer to be kept a total of more than twelve of any fowl whether they be twelYe of the same kind or a combination of twelve dif£erent kind.s. Section 8. FOWL AND ANIMALS PROHIBITED. No person shall keep any of the following fowl or animals within the city: hogs, geese, quacking d.ucks, guinea hens, mink, fox, goat, bull, steer, or any other animal whose fur is used. commercially, except rabbits, Section 9. NUMBER OF RABBITS THAT MAY BE KEPT. No person shall keep more than twelve (12) breeding rabbits or hares in said City of Lynwood. Section 10. PIGEONS, DOVES, HOUSING OF: (a) No person shall erect or maintain any pigeon house or dove cote, or other structure or place where pigeons or doves are kept, or keep any pigeons or doves within 50 feet of any dwelling, except as provided in Subdivision (e) of this section. (b) Sub,ject to the provisions of Subdivision (c) of this Section 10, pigeons and doves must be kept in a pigeon house, dove cote, cage, or other enclosure and. such pigeon house, d.ove cote, cage, or other enclosure must be enclosed. in such a manner as to prevent the escape of any pigeons or doves therefrom. (c) Racing, homing pigeons, which are not raised. or kept for the market or other commercial purposes, may be kept and liberated for exereise or racing within not less than twenty (20) feet from any door, window, or other opening o£ any dwelling, if a permit in writing authorizing the keeping and liberating for exercise and racing of such racing, homing pigeons be first applied for and obtained from the City -4- Council. Everg application for a permit to keep snd lib~rate for eaercise and racing of such raeing, homing pigeoas ahall be msde upon forma to be furnished for that purpoae bg the City Clerk. Section 11. LAUNDRY TO BE CONNECTED WImii SEWER, No pereon shall eause, an£fer, or permit an,y premisea, build- ing oF structure to be used as a laundry, launderette, or aash house catering to the public unles~ the same shall be connected xith the pub- lic sewer of said city, nor convey any alops, sosp, water, or rePuae substance Prom any laundrg, launderette, or wash house within said city into any sink, cesspool, pit, or on the ground, or in any manner dispose of same eacept by conducting the same into a public aewer of said city. Section 12. CESSPOOLS - REGULATION. (a) Sanitary requirements for cesspoola and septic tanks. Eaer,y septic tank ~nd cesspool ahall be kept free from odor and in a sanitary condition st all times, and enery person abendoning any ceas- pool shall disinfect the eame by depositing therein not less than twenty..fine (25) pounds of canstic soda and shall fill in the same xith fresh earth. (b) AIo parson ahall remove the contents of any ceaspool~ privy, or vault in said city except between the hours oP midnight and 6 a.m.~ or to carry or transport the contenta oP any cesapool, privy, or vault along the streets in said city unless the same be in a hermetically sealed contaiaer. 9ectioa 13. RUBBISH - GARBAGE, DIIMPING OF. No person shall deposit in or upon any lot or premises, atreet~ or aidemalk ang filthy xater, rubbish, garbage, debria, trash, animal or vegetable matter, or aay sweepings from any store or house, or the con- tents of ang cuspidor or ang putrid or offeneive subatances of any kind. Section 14. REFIISE - HANDLING ON STREET3. No peraon shall unload, diacharge, or deposit upon or along the line of any railroad or upon or slong any street or sidewalk, any menure, off~l, or other offenaive or nausaons substance, or allaw any -5- car having therein or thereon ang such substance to remain or stand upon or along any railroad or upon or along any street or sideRalk for any longer period than twenty-four (24) hours. Section 15. DEBRIS FALLING FRO~ VEHICLES. No person in charge of or having control oP any motor vehicle, wagon, cart, or other such vehicle while the same is standing or being propelled upon any atreet shall permit any filth, dirt, garbage, manurs, mortan, lime, rubbiah, or other debris of any kind to drop or fall Prom such vehiele upon the surface oP auch atrset, without immediately and permanently removing same therefrom. Section 16. ODOR3. No person shall bury or dispoae of any offensive or obnoxioua subatance or esuae or create any offensive or ob~ectionaBle odors in snq place that may be pre~udicisl to health or oPfensive to the sensi- bilities of ang residents or other p~rsons. Section 17. EXPECTORATING IN PUBLIC. No person shall expeetorate or apit on the Ploor of any atreet railRay car, bus, or any other publie conveyanee, hotel, or any public bnilding, or on ang side~slk. Section 18. SIDEWALAS, CLEANING OF. No person shall fail~ or refuae or neglact to keep the sido- walks in froat of his houae, place, of business or premiaes in a clean and wholesome condition. 3ection 19. PREMISES - SEEPING CLEAR. No per~on orming, leasing, or acting as agent for~ or oceupg- ing or having eharge of any premises ahall fail, rePuse, or neglect to keep such premises in a clean and wholesome condition or permit to be or remain npon sudh premises any accvmulation oP manure, garbage, offal, rubbish, stagnant water, of Pilty or offensive matter of any kind, or any material which creates oPfensive or bbnosious odors or promotes Ply breeding. Section 20. RODENT CONTROL. (a) No rubbish, xaste, or cast-off materials of any kind shall be placed, left dumped, or permitted to aceusiulate or remain in any ~~_ building, place, or upon any premiaes so that they may aPford food or a harboring place for rodents. All boxes, lumber, paper, and other materials shall be removed or ahall be stored or so piled as to elimiaste rodent harborage. (b) Sheds, coops, hutches, barnea, and si~ilar buildinga shall be so maintained as to avoid and eliminate rodent harborage. (c) All buildings, plscea, and premiaes shall be kept in a clean and sanitary condition, and free from rodenta. (d) All buildings used or intended for use for human habitation or oecupaney shall be rat-stopped by such 9taintenance and repaira as are necessarg to eliminate or prevent rodent infeatation. Section 21. PRIVIES AND WATER CLOSETS PROHIBITED EXCEPT AT CONSTRUCTION SITE3. No person shall keep or aufPer to be kept on the premisea owned~ occupied, or oontrolled by him, ang privy or water closet except that there may be kept at a construction site such number of ~ater closeta as prorlded by Section 5416 of the Health and Safetg Code~ Section 22. OBSTRUCTIO~ OF STREETS. No person ahall erect, construet, or maintain an~ building~ fence, porch, posts, poles, tracks, wires, pipes, condnits, or other obstruction in whole or in part upon any public atreet or alley in said city without express aut~ority therefor and without having complied with all the ordinaneea of the City oP Lynwood relating thereto. Section 23. IISING PUBLIC STREETS AND ALLEYS AS PLACE OF BII3INESS (a) Co~ercial use of vehieles. No person ahnll p~ ce or park any automobile, truck, or other vehicle or obstruction within the public atreets or alleya oP the city for display or advertising any bn~iness of the said antomobile, truck, nehicle, or other obstructioa in or at one particular p]a ce or location~ for more than three (3) honra oP ang one day, and as a condition precedeat he ahall file with the ChieP oP Polic• a written application giving the inPormstion reqnired in the regiatration statement under Subdivision (b) of thia aeotion. (b) P1on-co~ereiel use of streets. No person shall use or ca~ae to be plaead or parked any automol~Le, truck, or other aehicle or obatruction within the public streets or alleys oP the city for displag _~_ or advertiaing oP any non-commereial use or purpose of the said eutomoblle, truck, or vehiele, or other obstruction in the City of Lgnwood before Piling a ragistration stetement with the Chief of Police, in writin~. Thia registration atatement shall be Piled in duplicate and atate the followiag: (1) Aame and address of the applieant. (2) Address oP place of business of applieant. (3) If an autommbile, truck, or other registeFed nehicla, lieense aeamber and motor number of the motor vehicle to be used by applicant. (4) Name and address of perIIOa xho owns the automobil~, truck, or vehicle, or other obstruction. (5) Name aad address oP person having direct charge of automobile, truck, or other obstruction. (6) Namas and addr~ssea oP all persons who will use or operate the sutomobile, trnck, or other obstruction. (7) The purpose for ~hich the automobile, truck, or other obstruction ~ill be used. (8) A general atatement as to the section or sections of the eity in wh~~h the sutomobile, truck, or other obstruction will be used. (c) Nothing herein contained ahsll be conatrued as giving any person permisaion to obstruct traffic upon the public streets oP the City oP Lgnwood• Section 24• EXCAVATING IN PIIBLIC 3TREETS. No person shall dig in or eacanate upon any publlc street or alley of said city withont express wribten permission Prom the City manager of said city, and without having complied with all the ordinances oP the city relative thereto. Section 25. V~RECKED OR DILAPIDATED BUILDINGS. No person ahall kesp or ~uffer to be ~ept on aay pre~iaes in the City oP Lynwood any fallen, vreaked, dilapidated or uninhabitabla or unusable building or buildings which constitute an extraordinary fira risk or mar the buildings of the surroundiag propertg or which in sny wise jeopardize the saPety oP any person or persons or surrounding ~g~ property, or which, because o£ its unsightly and neglected condition~ depreciates the ealue of adjoin3n~ and surroundia~ lands in the vicinity oP such premises. SECTION 26. OPERATING INDUSTRY OR ~ORK IN ZONES R-l~ R-2~ R-3, AIdD P-1. No person shall keep or auffer or permit to be kept at or upon any premisea in Zones R-1, R-2, R-3, and P-1 oP said city, any workshop or ~ork or repairing or industry which is unsightly or the noise or obnoxious odors Prom which disturb the peace and quiet of the owners of ad~oininglends, or whieh depreeiate the nalue of adjoining and surrounding landa. SECTION 27. MAINTAINING MACHINERY OR OTHER IINSIGHTLY PROPERTY OR MATERIALS UPON LANDS IN ZONE R-1, R-2~ A-3~ AND P-1. No person shall thro~, deposit, or place in or upon, or esuse~ aufPer, or permi.t to be throxn, deposited, or placed in or upon any lands or premises in Zones R-1, R-2, R-3, and P-1 oP said Citg of Lynwood, any rubbish~ emptg bottles, rePuse, machinery, trucks, automobiles, parts, building materials, wrecked vehicles or parta of Rrecked vehicles, paper~ or materiels having a noxious odor or an unsightly appearance, or ex- plosives, so that the noxious odors or the unsightly appearance thereoF aill annoy or harass the oecnpants of adjoining lands or prevent the en- joyment of the peacePul and quiet occupancy of the other lands ia tho nicinity thereof, or materiallg depreciate the value oP the other lands in the vicinity thereof. SECTION 28. SIGNS OR COi~MODITIES OR OTFIER OBJECTS IMPEDING TRAFFIC UPON SIDE9VALKS. No person shall keep or cause to be kept upon ea~ sidewalk or aalkway dedicated to the use of the public for pedestrian traffic any aign or goods, wares, or merchandise or other object which impeded or interferes with the use of said side~alk or xalkwsy bp pedestrians traveling thereon. -9- Seation 29. VE~ICLE3 PARRED Q~ PRIVATE PROPERTY. No person shall eause, sufPer, or permit ang motor vehiele to remain etationar~ upon any privatelg oxned land ~ithout the conaent oP the owner or oceupant thereoP. Section 30. OPERA~ION OF WATER SPRINKLERS. No person ahall operate or cause, suffer, or permit to be operated any sprintler or sprinkling system in such manner that the water ia thrown thereProm so as to interfere with pedestrian traffic on an9 public aidewalk, or in any such manner that the water is thrown therefrom upon any street or upon the cnrb and curbing thereof. Section 31. NON-COMMERCIAL USE OF SOIIND TRIICKS. (a) Registration required. No person shall nse, or cauge to be used, a sound truck sith its aound ampliPying equipment 1n operatioa Por non-co~nercial purposes in the City of Lynwood before filing a regiatrstion statement xith the Chief of Police, in writing. This regiatration statement shell be filed in duplicate and ahall state the Yolloaing: (1) Name and home addrees of the applieant. (2) Addre~s oP plece of business of applicant. (3) License nvmber and motor number oP the sound truck to be u9ed by applicant. (4) Name and address oP person who ovms the sound truck. (5) Name and address oP person having direat charge oP sound truck. (6) Names and addreases oP all persons who ~ill use or operate the souad truck. (7) The purpose for which the aound truck eill be used. (8) A general statement as to the section or sections of the city in whieh the aound trtzek will be used. (9) The proposed hovrs of operation of the sowzd truck. (1~) The number of days oP propoeed operation oY the sound truck. (11) A general desaription of the sound ampliPging equipment which is to be used. (12) The magimum sound producing power oP the sound -10~ amplifging equipment which is to be used in or on the aound truak. State the following: (a) The wattage to be used. (b) The volume in decibels of the sound which will be produced. (c) The approximate msximum diatance Por ~hieh aound will be thrown Prom the sound truck. (b) Registration statement amendment. All persons nsing or causing to be used, sound trucks for aon-eommercisl purposes ahall amend ang registration ststement Piled pursuant to Saction 31 (a) within Portg-eight (48) hour~ aftar eny change in the information therein furnished. (c) Regiatration and Identification. Tha Chief of Policse shall return to each applicant under Section 31 (s) of this ordinance, one copy oP said registration statement duly certified by the ChieP of Police as a eorrect eopy of said application. Seid certified copy of the application shall be in the possesion of any person operating the sound truck at sll times while the sound truck's araplifgiag equipment is in operation and said copy shall be promptly displayed and ahov-n to snq polic•m~n oP the City oP Lynwood upon request• (d) Regu]a tions oP IIse. Non-commercial use of sound tr~cka in the City of Lgnwood with sound amgli~ying equipment in operation ahsll be subject to the Pollowing regu]a tionst (1) The onlg aounds permitted are music or humaa speech. (2) Operations are permitted Por eight (8) hours each day, except on Sundays and legal holidaya, when no operations shall be authorized. The permitted eight (S) houra of operation shall be between the hours of 10 a.m. and 6 p.m. ~3) Sound ampllPying equipment shall not be operated unless the sound truck upon whieh such equipment is mounted is operated at a speed of at least ten (10) milea per hour~ eacept whea said truck is stopped or impeded by traffia. Wher• stopped by traffic, the said sound ampliPying equipment shall not be operated for longer than one minute nt each such atop. ~~.Zw (4) Sound shall not be iasued within one hundred (100) yards of hospitsls, schools, churchea, or conrthousea. (5) No sovnd truck with its ampliPying device in operation shall be operated on the followin~ streets between the point~ deaignated: Ceatury Boulevard Prom Norton Avenne to Bullis Road. Imperial Highma~ Prom Californis Avenue to Stoekv-ell Drive. (6) The human speech and music smpliPied shall not be proPane, le~d, indecent, or slanderous. (7) The volume of sound shall be con~rolled so that it will not be sudible for & distance in excess of one hundred (100) Peet from the sound truck and so that said ~olume ia not unreasonably loud, raucous, 3arring, disturbing, or a nuisance to persons within tha area of audibility. (8) No sound amplifying equipment shall be opersted within exceas of fifteen (15) watts oP power in the last stage oP amplification. Section 32. COI~dERCIAL ADVERTISING BY SOIIND TRUCK LICENSED AND REGULATED, (a) License required. No person shall oparate or cause to be operated~ any sound truck 3n the City of Lynwood for commercial adaertising purposes with sound amplifying equipment in operation unless a lie~nse has been obtained from the License Collector. The fee for said license shall be as preacribed in the Citp Business License Ordinanee. (b) Applieation for license. Persons applying for the liaense required under Seetion 32 (a) shall file xith the License Collector ars application in writing ~iving in said applicetioa the information required in the registratioa statement under Sectioa 31 (a) oP this ordinsnee. (e) Issuance oP lieense. The Licenae Colleetor shall issue a licenae under Section 32 (a) oP this ordinance upon paymeat of the required license fee unless the application required in Section 32 (b) -12- reveals that applicant would violate the regulations prescribed in Section 31 (d) of this ordinance or the provisions oP some other ordinance of this eitg. (d) Posaession and displag of license. A licensee ahall keep such license in his poasession in the sound truck during the time the sound truck's sound amplif~ing equipment ia in op~ration. The lieense shall be promptly displayed and shown to any policeman of the City oP Lyn~ood upon request. (e) Regulations for uae. No person shall operate~ or cause to be operated, any sound truck Por cormnercial sound adaertising pur- poses in violation of the regulatione set forth in Section 31 (d) of this ordinance. 3ection 33. SOIIAD AB~PLIFICATION SYSTEMS OTHER TIiAN SOZTND TftIICKS . (s) NON-COMMERCIAL IISE. No person shall use, operate, or employ or cause to be used, operated, or emploged any system oP electrioal hook-up or eonneetion eaeluding sound truck as defined ia this ordinance, and includi~g but not limited to any public address system~ loud-speaker system with its sound ampliPying syatem, whether the souree thereoP is from human voica~ recording, or electrical transpription, or musical tone, in any part of the City oP Lynwood before filing a regi~tration atatesient with the ChieF of Police, in writing. The registration statement shall be filed in duplicate and shall state the following: (1) Name and eddress of the applicant. (2) Address of place of business of applicant. (3) Name and address of the person~ orgenization, firm~ or corporation who is the owner oP the equipment deacribed in Section 33 (a). (4) Name and sddress of the person heving direct charge oP the equipment described in Section 33 (a). (5) Names and addressea of all persons who Rill use or operate the equipment described in Section 33 (s). (6) The purpose for which the equipment deacribed in Section 33 (s) ~rill be used. -iS• (7) A statement of the address or addresses in the City of Lynwood where the equipment described in Section 33 (s) will be used. (8) The proposed houra oP operation oP said equip~ent described in Section 33 (e). (9) The number of days of proposed operation of the equipment described in Section 33 (a). (10) A general description of the sovnd amplifying equipment which is to be used. (11) The maximum sound producing poeer of the sound amplifying equipment to be used. 3tate the folloxing: (a) The pattage to be used. (b) Ehe aolwne in decibels of the sound which Aill be produced. (c) The approxiaiate maximum distance Por whiah sound will be throxn Prom the equipment described in Seetion 33 (a). (b) Registration statement amendment. All persotts uaing or causing to be used equipment described in Section 33 (a) Por non- commerciel purposes ahall amend ang registration ststement filed pur- auant to 3ection 33 (a) within forty-eight (48) hours after any change in the information therein furnished. (c) Regiatration and identification. The ChieP oP Polico shall return to ea¢h applicant under Section 33 (a) of this ordinance, one copy o£ sald regiatration statement dnly certified by the City Clerk as a correct copy of said applicatioa. Sa1d certified copy of the application sY~all be in the poasession of any person operating the equip- ment dascribed in Section 33 (a) at sll times while the sound amplifying equipment is in operation and said copy shall be prosytly displaged and shown to any policeman of the City of Lynwood upon request. (d) Aegulstiona Pvr use. Non-eommereial uae of egiipment deseribed in Section 33 (s) in the City oP Lynwood shall be aub3ect to the followin~ regu]a tioas: (1) The only sounda permitted are music or hnman speeeh. (2) Operations shall not be permitted bet~veen the hours -14- oP 6 p.m. and 10 a.m. (3) Sound shall not be iasued within one hundred (100) yards of hospitals, schools, churehea, or courthouses. (4) The human speech and muaia amplified shall not be proPane, lerd, indecent, or slanderous. (5) The volume of aound shall be controlled so thst it will not be sudible for a distanee in excesa oP one hundred (100) Peet from the place o£ business of the epplieant and so thst said volume is not unreasonably lond, raucous, jarring, disturbing, or a nuiaance to persons rcithin the area of audibility. Seetion 34. 30IIND AMPLIFICATION SYSTEMS OTHER THAN SOUND TRUGKS - COMMERCIAL IISE. (a) License required. No person shall operate or cause to be operated, ang eaplif9ing equipment under the provisions of this Sectioa 34 (s) in the City of Lynwood Por commercial advertiaing pur- poses xith sound amplifying equipment in operation unless a licensa has been obtained from the License Collector. The fee £or said license shall be as preacribed in the Gitg Business License Ordinance. (b) Application for license. Persons applying for the license required under Section 34 (s) shall Pile with the License Colleetor an appliaation, in erriting, giving in said application the iaformation required in the registration statement under Section 33 (a) of thia ordinance. (c) Issuance of lieense. The License Collector shall issue a license under Seetion 34 (a) of this ordinance npon. pagmettt of the required license Pee unless the application required in Seetion 34 (b) reveals that applicant xould violate the regulationa prescribed in 3eetion 34 (d) of this ordinance or the provisions of some other ordinance of thia city. (d) Regulations for uee. Commerciel use of amplifying equip- ment deacribed by this Section 34 shall be sub~eet to the following regulations: _}~. (1) Tha only sounds permitted are muaic or ht~ma3 speech. (2) Operations are permitted only bet~eea the hours of 8 a.m. and 9 p.m. (3) The human speeeh ~nd muaia amplified shall not be profane, le~d~ i~decent, or alanderous. (4) Sound ahall not be isaued within one hundred (100) yards of hospitals, aehools, churehea, or eourthouses. (5) No sound amplif~ging equipment ahall be operated within eacess oP 15 wai~ of poxer ia the last stage of ampli- fication. Section 35. ANIMALS, BIRDS. No person shall o~rn, keep, or maintain any animal or bird a~hich by causing Prequent or long coatintted noise shall disturb the comfort or regose of aay persona in the nicinity. Section 36. ENFORCEMENT OFFICERS. Aa to those provisions of this ordinance which directly afPect the health of the citizens of Lynaood and others, the Connty Health Officer of Los Angeles County is hereby charged with the duty of carrying out those pronisiona and the enforce- ment of this ordinance as Par as i~ pertains to the health mf said eitizens and others. The Chief of Police is charged with the dutg of earryiag out all of the other provisions oP this ordinance. All o£ficera and emplogees of the City oF Lynerood shall render such asaistance in the enforcement hereoP as may be, Prom time to time, reqvired by the Cottnty xealth Officer and the Chief oP Poliee. Section 37. A~A'iTs3vIEIdT OF NUISANCE. Whenever it comea to the attention of the Chief of police that anp of the provisione of this ordinance other than provisions relating directly to health, have besn violated, and whenever it comea to the attention of the County Health Officer that any of the provisions of this ordinance directlg aPfecting the health of the eitizeas or others have been violated, it shall be the duty oP the said respective officers to notiPy, in *fifting, the owner, lessee, or occupant oP the building, grovnda, or lots, or the person or persons violating the said provisions or creating, causing, -16- or Bo~itting, or maintaining the nuisance or nuisancea, or the agent of any of the Poregoing persons, which writing shall constitute sufficient and preemptory notice to abate the said nuisasce or nuisancea. The person or gersons responsible Por same shall abate the nuisanc• or nuisaneea Rithin forty-eight (48) houra of the receipt of said notice, and it shall be unlawful Por such person or persons to maintain or permit to be maintained any such nuisance aYEer the expiratioa oY said forty-eight (48) honrs. Provided, hoxever, thet such person or persona may file with either of said officers a requeat for a reasonable eatenaioa of tin• within which to abate said nuisence, which extenaion of time, if granted, ahall be duly noted on the notice to abate required by this section. Section 38. ENFORCEMENT, OFFICE, DIITIES OF. In case the oWner, lesaee, or occupant oP building, grounds, or lots or the person or persons creating, causing, committing~ or main- taining a nuisance or auisances, or the agent of any of the Foregoing persons shell negleet or refue• to comply with the terms of said notice to abate, or in ease sither the County ~ealth Offieer or the Chief of Police, after having used their diligence, are unable to locate a rea- ponsible person, then and in either ease, the Health OfPiaer or the ChieP of Police ahall have the power and it shall be his dutg to abate such nuisanee, and to this end ahall have the power to condemn and des- troy any property constituting a nuisance. IP said nuisance cannot be abated without destruction of said property, either the Countg ~ealth Offic~r or the Chief of Police is empoAered to destroy the property, and the expense of abatement sh~ll eoastitute a lien againat the pro- pertg on which the said nuisanee is maintained and a personal obligation sgainst the property o~ner. IP the nuiaance to be abated is being caused by fowl or animal, either the County Health Officer or the Chief of Police shall have the power and it shall be hi~ duty to cause said fo~l or enimal to be impounded. Any Poxl or animal so impounded shall be subject to all the rules and regulations governing the impoundinga and disposition oY -17- foxl or ani~ala as pronided by tha ordSnanee of the City of Lynwood. Sestion 39. EFF~ECm OF ORDINANCE. Any section, aubseetion, sentence, clause, or phrase oP this ordinance whieh is for ang reason held to be vnconstitutional, such deaiaion shell not affect the validitg oY the remaining portion~ of this ordinance. The City Council deelarea that it would have passed thia ordinance and each section, subaection, sentenee, clause, or phrase thereoP, irrespective of the fact that ang one or more sectiona, subsections, clauses, or phrasea be declared unconstitutional. Section 40. PENALTIES. Any yerson, Pirm, or corporation, its priacipal oPPicers~ agent, clerk, or employee, either acting for him$elf or Por any other person, firm, or eorporation which shall violate any prozisions of this ordinanc~ shall be punished by a fine of aot exceeding Five Hundred Dollars (~500.00) or bg imprisonaent in the citg or count~ jail not exceeding thirty (30) days, or by both such fine and imprisonment. Section 41. REPEAL. Ordinance ~o. 305 of this city ia herebg repeale d, and all ordinaneesor parts of ordinanees in coaflict or incon~isteat with the provisiona of this ordinance are hereby repealed, exeept that the rapeal shall not affect or prsaeat the prosecution or punishment oP ang peraon for auy set done or eommitted in violation of any ordinanee herebg repeale d prior to the taking ePPect of this ordinance. Seetion 42. ~'he City Clerk is hereby ordered and directed to eertiPy to the passage of this ordinance, and to cause the ssme to be published once 3n the Lgnrood Presa, a ne*apaper of general circulation printed and published in the City of Lynwood. -18- Firat read at s regu7a r meeting of the Citg Council oY said City held on the 17th day oP June, 1958, and finally adopted and ordered published at a regular meeting oP said Council held on the lst dag of July , 1958 by the folloving vote: Ayea: Couneilmen Compton, English, Finch, Pend.er Summers, Noes: Councilmen None. Absent: Councilmen None. ,' ATTES : ~ C , C ' 00 -19- ~ MKYOR~ ITY OF LYNINOOD STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) 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. 678 adopted by the City Council of the City of Lynwood. and that same was passed on the date and by the vote therein stated.. Dated this 3rd day of Ju_ ly _ ~9 5g T CL , 0 Y OOD