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HomeMy WebLinkAboutCC ORD 1943-703 Traffic (Repealed by 827)ORDINANCE NO. 2 3 4 AN ORDINANCE PROHIBITING THE POSSESSION, USE OR OPE_RA.TION OF ANY PINBALL, MACHINE OR MARBLE MA- CHINE OR SIMILAR CONTRIVANCE WITHIN THE CITY OF NATIONAL CITY, OALIFORNIA, PRESCRIBING THE PENALTY FOR VIOLATION THEREOF AND PROVIDING FOR THE CONFISCATION OF SUCH DEVICES. 5 The City Council of the City of National City, California, do ordain es follows: 7 Section 1® Every person who manufactures, owns, stores, 8 keeps, possesses, sells, rents, leases, lets on shares, lends or 9 rives away, transports or exposes for sale or lease or offers to self 10 :client, lease, let on shares, lend or give away or who permits the operation of or permits to be placed, maintained, used or kept in any room, J2 space or building pwned, leased or occupied by him or 13 under his management or control, any pinball or marble machine or 14 device as hereinafter defined, and every person who makes or permits 15 to barnacle with any person any agreement with reference to any 16 machine or device, as hereinafter defined, pursuant to which the 17 user thereof, as a result of any element of chance or ±mx other 18 outcome unpredictable to hire, may become entitled to receive any 19 money, credit, allowance, or thing of value or additional chance 20 or right to use szch machine or device, or to receive any check, 21 slug, token or memorandum entitling the holder to r eceive any money, 22 credit, allowance or thing of value, is guilty of a misdemeanor and 23 shall be punishable by a fine of not more than Five Hundred Dollars 24 or by imprisonment inxtka not exceeding six months or by both such 25 fine and imprisonment. Any machine, apparatus or device is a 26 pinball or marble machine or device within the provisions of this 27 section if it is one that is adapted, or may readily be convert- 28 ed into one that is adapted, for use in such a way that, as a 29 result of the insertion of .any piece- of money or coin or other 30 object such machine or device is caused to operate or-W. be operated, 31 andby rensont of any element of chance or of other outcome of such 32 operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memor.andv ., whether of value — f - 6 11 1 2 3 4 5 6 7 8 9 10 11 or otherwise, which may be exchanged for any money, credit, allow- ance or thing of value, or which may be given in trade, or the user may secure additional chances or rights to use such madhi_ne, apparatus or device; irrespective of whether it may, apart from any clement of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise, indication of weight, entertainment or other things of value. Section 2. The pinball machine or marble machine, contrivance, appliance or mechanical device, the use or operation or possession of which machine is prohibited by Section 1 hereof, isusually, but not exclusively, described as consisting of a table 12 on legs, the table being in the shape of a box with the upper side 13 coveredby glass. Inside the box is a surface studded with pins, 14 plugs,buffers, springs and holes and when a ball is re lased by a 15 plunger uponthis surface the ball wends its way from the top to 16 the bottom and during its journey may fall into one of the numerous 17 holes, or in its course along the surface of said table may hit 18 many of the springs, pins, or plugs, thereby and by means of 19 electrical or other recordings, giving to the player a score, or 20 other result from the operation of such machine which indicates the 21 probable or possible return to the player of any consideration 22 mentioned in Section 1 hereof. 23 The description of the pinball machine or marble machine 24 or other contrivance, appliance, or mechanical device given in this 25 Section does not in any way limit the penal provisions of Section 1 26 hereof, and is not to be construed as making legal any pinball 27 machine or marble gach.ine or other contrivance, appliance or 28 mechanical devicewhich is prohibited ix the general terms of 29 Section 1 hereof, but may not be specifically described in thAs 30 Section 2 hereof. 31. -Section 3. In addition to any other remedy provided by• 32 law any etch machine, contrivance, appliance or mechanical device may; be seized by any of the officers designated by Section 335 of the Penal Code of the State of California, and a notice of intention. 1 .ummarily to destroy such machine or device must thereupon be posted 2 n a conspicuous place upon the premises in or upon which such machin_ 3 it device was seized. Such machine or device shall be held by such 4 .fficer for thirty (30) days after such posting, and if no action commenced to recover possession of suchmachine or device, within ch time, the same shall be summarily destroyed by such officer, or 7 f such machine or device is held , by the court, in any civil or riminal action, to be in violation of this ordinance the same shall 9 ••e summarily destroyed by such officer immediately after the decision Z0 if the court has become final, 11 Any and all money seized in or in connection with such 12 (. chine or device, immediately after such machine or device has been 13soJdestroyed, is to be paid into the Treasury of the City of National 141ity to the credit of the General Fund , 15 Section 4. The provisions of this ordinance are not 16 ntended to conflict with, but shall upplement all laws of the State 17.If California, prohibiting lotteries, gaming, or gambling and these 18 provisions must be invoked by alllaw enforcement officers whose 19iuty it is to enforce the laws of the State of California against 20 otteries, gaming or gambling, when by operation of this ordinance 21ihe use, ownership or possession, as defined in Section 1 hereof, 22f any such game • or mechanical device or contrivance is prohibited 23y this ordinance but might be not prohibited by the laws of the 24tate of California. 25 Section 5, It is specifically declared that the mere 26;ossession or control, either as owner, lessee, agent, employee, 27rortgagor, or ttherwise of any pinball machine or marble machine, 28 contrivance, appliance or mechanical device as defined in Section 29 hereof, is prohibited and penalized by the provisions of this 30 ordinance, whether or not the mere possession or control, either 14 31 =s owner, lessee, agent, employee, mortgagor or otherwise, of any 32 inball machine or marble machine, contrivance, appliance or mechanic evice as defined in Section 1 hereof, might be an ir_feaction of the 1•ws of the State of California against lotteries, gaming or gambling. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 It is specifically declaredthat every person who has in his possession or under his control, Either as owner, lessee, agent employee, mortgagor or otherwise or who permits to be placed, main- tained or kept in any room, space, enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any pinball machine or marble machine, appliance or electrical or mechanical device, as described in Section 1 hereof, is guilty of a misdemeanor and punishable as provided in Section / hereof. .It is further declared that the provisions of this ordinanc specifically make the mere possession of such machine or contrivanc or device illegal and render such machine or contrivance subject to confiscation as provided in Section 3 hereof. Section 6. It is further expressly provided that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or therwise, or who permits to be placed, maintained or kept in any room,, space, enclosure or build ng o:rned leased a d or occupied by him, or under his manage -lent or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any pinball machine or marble machine of the type and character described mm in Section 1 and. 2 hereof, is guilty of a misdemeanor and punishable by a fine of dive hundred dollars ( g 500.00) or imprisonment for six months or by both such fine and imprisonment, even though such person claims that such device is a game of amusement only and that there is no return of any kind to the player. It is the purpose of the City Council of the City of National City, California, by this particular provision to absolut ban and prohibit the use in the City of National City of any mechanicaldevices which are operatod by the insertion of a coin or slug. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The City Council of the City of National City, California expressly state as a reason for the adoption of this legislation that the individuals who operate such machines obtain illegal power, prey upon the public, particularly childr. efil and the unwary, inexperienced and credulous individuals. Section 7. It is further expressly provided that any pinball machine Pr other contrivance or device of a mechanical nature which. is operated by the insertion of a coin. in a slot constitutes a public nuisance, and the City Attorney of National City is required to and it shall be his duty to institute abatement proceedings against tb owner or lessee of any building in which such machine is located after this ordinance takes effect. Section 8. It is further expressly provided that this ordinance shall not apply to music machines, weighing machines and machines which vend cigarettes, candy, icecream and the life upon which there is deposited. an exact consideration and in which in every case the customer obtains that Which he purchases. J,�/ Section 9. If any section, subsection, sentence, clause 7�i S or PeC of this ordinance is for any reason held to be unconstitut- ional, the City Council hereby declares that it would have passed this ordinance irrespective of the fact that any one or more section subsections, sentences, clauses or phrases thereof be declared unconstitutional. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. The City Council of the CiLy of National City, California, state that -the reason for the adoption of this ordinance is as follows: That th , Grand Jury of San Diego County maglmit regularly drawn and impaneled for the year 1941, aid by unanimous resolution of said 1941 Grand Jury, passed and adopted on January 22, 1942, find as a fact after a considerable investigation of the operation of pinball or marble machinesand other similar mechanical contrive.n'es and devices, as follows: That in practically all parts of the County of San Diego 2 machines of the type prohibited b, Section 1 hereof and subsequent 3 sections of this ordinance are numerous and are operating in general 4 violation of the gambling laws of the State of California; that 5 without gambling directly or indirectly these machines cannot be 6 financially successful; that tiv- I ;ambling profits from these 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 machines are enormous; thqt as a practical :matter to control the of operation of these machines and compel compliance 2m the laws. against gambling, is beyond the power of law enforcement officers; that the intake of huge sums by the perators of these machines places great power in the hands of such operators; that almost inevitably they use that power in trying to eliminate smaller operators of such machines; and further and more significant, that such large operators attempt to secure immunity for themselves for their unlawful operations; that the operation of trfse machines has become a racket and cons'Fitutes a serious menace to good govern- ment; that as long as these machines continue in operation there can be no considerable improvement in the County of San Diego with reference to proper enforcement of the 1.ws and in good government. The grand jury further recommends that the City Council as soon as possible by suitable ordinance and legislation containing appropriate penal provisions for violation of such ordinance or legislation, outlaw and make illegal the possession or operation of such machines. Section 12. That the Grand Jury of San Diego County regularly drawn and impaneled for the yeat 1942, have concurred in and repeat the request of the 1941 Grand Jury in connection with this subject matter. Section 13. That the United States of America is at war with several enemy nations, and a state of emergency exists and therefore this ordinance is passed as an emergency ordinance for the immediate preservation of the public peace, health and/or safety and shall be in full force and effect as and of the date of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 final passage. Section 14. the City Clerk of the City of National City, California, shall cause •this ordinance to be published once in the National City News, a weekly of F.eneral circulation y newspaper/printed paper printed and published in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City, California, this day of 19 by the following vote, to -wit: AYES: Councilmen NAYS: Councilmen ABSENT • ATTEST • City Clerk. Mayor of theC i'ty of National City, California. hereby approve the foregoing Resolution } this / day of Ordinance 19 Mayor of the jify of National City, California. 1 hereby certify that the above and foregoing is a full and true copy of Resolutinn No `7 Ordinance C of the { f�esolutio�s of the City of National City, California, as adopted by the CityCouncil of said Ordinances / City, and approved by the Mayor of said City, on the .day of City Clerk of the City of National City, California. Deputy L ORDINANCE NO. 7032, AN ORDINANCE REGULATING TRAVEL AND TRAFFIC UPON THE PUBLIC STREETS IN THE CITY OF NATIONAL CITY, CALIFORNIA AND REPEALING ORDINANCE NOS. 670 AND 50S OF SAID CITY The City Council of the City of Nat- ional City, California, do ordain as follows: TERMS DEFINED Section 1. The following terms, whenever used in this ordinance ex- cept as otherwise specifically indi- cated, shall be deemed to have and shall be held to include each of the meanings respectively set forth In this section and any such term used in the singular shall be held to include the plural. Street: Every avenue, boulevard, highway, roadway, lane, alley, square or place used or laid out for the use of vehicles. Curb: The lateral boundaries of that portion of the street designated or intended for the use of vehicles whether marked by curbing construct- ed of stone, cement, concrete or other roe terial, or not so marked. Vehicle: Every hack, wagon, coach, carriage, bus, omnibus, pushcart, bi- cycle, tricycle, automobile, motorcycle, street car or other conveyance, except baby carriages, in whatever manner or by whatever force or power the same may be driven, ridden or pro- pelled which is or may be used for or adapted to pleasure riding or trans- portation of passengers, baggage, merchandise or freight upon any street; and every draft or riding animal whether driven, ridden or led excepting that an animal or animals attached to any vehicle shall with such vehicle constitute one vehicle. SLOW -MOVING VEHICLES Section 2. Every person riding, driv- ing. propelling or in charge of any vehicle moving slowly in, along or upon any street within said City of National City shall keep such vehicle as close as possible to the curb on the right. allowing more swiftly moving vehicles free passage to the left. OBEY POLICE ORDERS Section 3. It shall be unlawful for any nerson in control of any vehicle to fail. neglect, or refuse to obey the orders of any police officer as to the movement of such vehicle , upon any street. PROTECTION OF TIRES Section 4: It shall be unlawful for any person to throw, deposit, or place within the City of National City any nai•s, tacks, crockery. scrap iron, tin, wire, bottles, glass, thorns, or thorny clippings, or thorny branches of trees er bushes, or any other article or thing tikely to injure or puncture the t.ire of any vehicle: or for the owner or person in charge of any automobile on aev street in said City toleave or permit to remain on any street of said City any broken glass from the wind -shield of said automobile. USE OF SIDEWALKS ,Section 5: It shall be unlawful for any person to ride, drive, or cause to be ridden or driven, any hnrse or any animal, or to ride, drive or propel or cause to be ridden. driven. or pro- pelled any wagon, bicycle, motorcycle, automobile, or other gas, steam, or electrically driven vehicle upon or along any public sidewalk or foot bridge in the City of National City. HANGING TO VEHICLES Section 0: That it is hereby de- clared to be unlawful for any person travelling upon roller skates, or riding in or upon any coaster, tricycle, velocipede, bieycle, er motorcycle, upon any public thoroughfare within the City of National City, to hold to, cling to, or in any manner attach either himself or the vehicle upon which he is riding, to any street car, automobile, truck. wagon, buggy Of other moving vehicle. STOPPING AT CURB Section 7: That except when load- ing or unloading merchandise or rlis- harging passengers. no person shall park or leave standing any vehicle at the, curb or edge of any public street In the City of National City. unless both right wheels of the vehicle are v'ithin eighteen (18) inches of the right curb or edge of said public street. STOPPING NEAR CROSSINGS Section 8: It shall be unlawful fee any person riding, driving. propelling oe in charge of any vehicle to stop the same, or to cause to be stopped 1n or upon any street in the City of National City. with the left side of stud" vehicle toward or along or next to the curb. Section 9: It shall be unlawful for any person to hitch or cause or permit to be hitched any horse, mule, or other animal, or to leave standing, or cause or permit to be left standing, any bicycle, motorcycle, automobile, buggy, carriage, wagon or other ve- hicle upon any street within the City of National City, within ten (10) feet of either property line adjoining any street that crosses, intersects or ter- minates in such street, or within ten (10) feet of a line extended directly across said street from property line to property line of the intersecting street. PASSING STREET CARS Section 10: It shall be unlawful for any person to ride, drive, or propel, or to cause or permit to be ridden, driven, or propelled, any vehicle at a rate of speed greater than 10 miles per hour in passing any street car, interurban car, or bus, that is slow- ing down or standing still in any pub- lic street in the City- of National City, and no portion of said vehicle, or any load thereon, shall come within six (6) feet of the running board or steps of such car, and shall at all times be operated with due care and caution so that the safety of passengers alight- ing from or boarding such car shall be assured: provided however, that the provisions of this section shall not apply to any vehicle that is travelling In a direction opposite to that of the car. DEFACING TRAFFIC SIGNS Section 11: It shall be unlawful for any person to deface or destroy any sign or device placed by the city for the purpose of directing or regulating travel. and to ignore or refuse to com- ply with directions carried on such signs and devices. WARNING DEVICES Section 12: It shall be unlawful for any person to use or sound, or cause to be used or sounded upon any ve- hicle upon any public street in said City of National City, any unusual bell, gong, horn, or siren, or any bell, gong, or horn which shall give forth an unusual sound or a greater volume of sound that the sound made by similar instruments customarily used on vehicles in said City to give warn- ing of the approach of said vehicle to which the same is attached, or to sound or to cause or permit to be sounded any bell. gong, or horn at- t.e. hrd to any vehicle upon any street within said City, except when neces- sary to give warning of the approach of the vehicle to which the same is attached: provided, however, that this section shall not apply to any am- bnlanee. police car, or fire apparatus of said City. MUST REPORT ACCIDENTS Section 13: It shall be the duty of any person riding, driving, or in charge of n.ny animal, or any person riding, driving, propelling, or in charge of any.. vehicle of any kind or nature that collides with, or strikes, or in any other way causes injury to any animal, vehicle, pedestrian, fire hy- drant, ornamental street lighting standard. or any other property or object of a like nature and character, in or upon any public street, alley, sidewalk, or any other public place. to report to the Police Department of said City the circumstances of such collision, or striking, in writing; said report to state the time of said col- lision, the place of said collision, the name and address of the owner of the animal or vehicle, and the name and address of the person riding or dri• ing, or in charge of the animal or vehicle so striking or colliding with any animal, vehicle, pedestrian, fire - hydrant. ornamental street Iighting standard. or other property or object of alike nature. Said report to be given within 24 hours after said ac- cident. CLOSED STREET SIGNS Section 14: It shall be unlawful for any person to ride or drive, or cause to be ridden or driven any animal, or to ride. drive, or propel, or to cause to be ridden, driven, or propelled any vehicle over or across any newly made pavement in any public street across or around which pavement there is a barrier, or at, over or near which there is a person or a sign warning persons not to drive over or across such pavement. or a sign stating that the street is closed. It shall also be unlawful for any person to remove any sign or barrier placed upon or across any street by proper authority notifying the public that the same is closed or to drive any vehicle over or around any such sign or notice, or upon any portion of any street so closed, except for the purpose of working upon or improving the said street or by permission of the person in charge of said improvement. FOLLOWING FIRE APPARATUS Section 15:. It shall be unlawful for the operator of any vehicle other than one on official business, to follow any fire apparatus traveling in response to a fire alarm, closer than one (1) block or to park any vehicle within the block where fire apparatus has been stopped in answer to a fire alarm, CROSSING FIRE ROSE Section 16: No vehicle shall be driven over any unprotected hose of any fire department when laid down on any street, alley or private drive- way, to be used at any fire or alarm of fire, without the consent of the fire rnarshall or the assistant in command. BREAKLNG INTO OR THROUGH AND/OR IMPEDING THE PROG- RESS OF ANY FUNERAL OR AUTHORIZED PROCESSION Section 17: It shall be unlawful for the operator of any vehicle to cross through, break into and/or impede in any manner the progress of any fu- neral or authorized procession when such procession is properly designated whether escorted or not. PRIVILEGED VEHICLES Section 18: Police and fire depart- ment members and their apparatus of all kinds, when going or returning from a fire, and all ambulance and other vehicles when employed carry- ing sick or injured persons. shall have right of way over all other persons and vehicles on any streets and through any procession in the City of National City, except other vehicles carrying the -United States Mail. PENALTIES FOR VIOLATION Section 19: Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $50.00 or by imprisonment in the city jail for not more than twenty- five (25) days, or by both such fine and imprisonment. And in the event that the fine imposed hereunder is not paid, then imprisonment in the city jail of said city at the rate of one day for each $2.00 of the fine so imposed, Section 20: That the ordinance No. 070 of the Ordinances of said city en- titled "An ordinance amending ordi- nance No. 508 entitled "An ordinance Regulating Travel and Traffic upon the Public Streets in the City of National City and repealing Ordinance No. 333 of said City" and Ordinanee No. 508 of the Ordinances of said city entitled "An ordinance Regulating Travel and Traffic upon the Public Streets in the City of National City and repealing Ordinance No. 333. and Ordinance No. 039 amending Ordinance No. 508 of said City", are hereby re- pealed Section 21: All ordinances or parts of ordi.nances in conflict herewith are hereby repealed. Section 22: That the United States of America is at war with several enemy nations and a state of emer- gency exists, and therefore this or- dinance Is passed as en emergency ordinance for the immediate preserva- tion of the public peace, health, and/or safety and shall be in full force and effect as and of the date of final passage. Section 23: The City Clerk of the City of National City shall cause this ordinance to be published once in the National City News, a weekly news- paper printed and published in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City. California, this 4th day of Jan- uary, 1944, by the following vote, to - wit : AYES: Councilmen Christman, Cor- dingly. Frits, Thatcher. NAYS: Councilmen Newberry. ABSENT: None. Frederick J. Thatcher Mayor of the City of (SEAL) National City. California, ATTEST: Dale Smith, City Clerk. I hereby approve the foregoing Or- dinance this 4th day of January, 1944 Frederick J. Thatcher Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 703 of the Ordinances of the City of National City, Cali- fornia, as adopted by the City Coun- cil of said City. and approved by the Mayor of said City, on the 4th day of January, 1944. Dale Smith City Clerk of the City of National C, Ci (SEAL) Helenity, G. alifornLamb,a. Chief Deputy.