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Ordinance No. 837 1 ORDINANCE NO. 837 2 AN ORDINANCE OF THE CITY OF VERNON DELETING CERTAIN PORTIONS OF CHAPTER 12 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959 3 4 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: 5 SECTION 1: Sections 12.5 and 12.6 of the Code of the City of 6 Vernon, California, 1959, are hereby deleted in their entirety. 7 SECTION 2: There being no newspaper printed, published or 8 circulated in the City of Vernon, the City Clerk is hereby directed 9 to certify to the passage of this Ordinance and shall post the 10 same or cause the same to be posted in three (3) of the most public 11 places in the City of Vernon, to wit: the northwest corner of 38th 12 Street and Santa Fe Avenue; the northeast corner of Leonis Bou1e- 13 vard and Pacific Boulevard; and on the bulletin board in the lobby 14 of the City Hall of said City located at 4305 Santa Fe Avenue, all 15 in the City of Vernon, County of Los Angeles, State of California; 16 that this Ordinance shall be in full force and effect thirty (30) 17 days from and after the final passage of the same. 18 ADOPTED and APPROVED this..1Lday of November , 1972. 19 20 21 22 23 24 25 26 " ~ty Clerk 27 28 29 30 31 32 1 2 31 STATE OF CALIFORNIA ) ) SSe COUNTY OF LOS ANGELES ) 4 I, Y. A. ZIEMER, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Ordinance, being Ordinance No. 6 837, was duly and regularly introduced at a regular meeting 7 al of the City Council of the City of Vernon, held on November 8, 1972 , and thereafter finally adopted at a regular meeting 9 of said City Council held on November 21, 1972 , by the I 101 following vote: 11 AYES: Councilmen: Anderson, Furlong, Malburg, Taverne11i, Ybarra 121 NOES: Councilmen: None 13 ABSENT: Councilmen: None 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ F. A. Ziemer, City Clerk 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 AFFIDAVIT OF' POSTING 3 STATE OF CALIFORNIA ) ) 4 COUNTY OF LOS ANGELES ) ss. ) 5 CITY OF VERNON ) 6 7 I, F. A. ZIEMER, City Clerk of the City of Vernon, do 8 hereby certify that I did, on the 21st day of November 9 19~, post three (3) copies of ORDINANCE NO. 837 10 , one in each of the following 11 places, to wit: At the northwest corner of 38th Street and Santa 12 Fe Avenue, at the northeast corner of Leonis Boulevard and Pacific 13 Boulevard, and on the bulletin board in the lobby of the City Hall 14 of the City of Vernon, located at 4305 Santa Fe Avenue, all in 15 said City, there being no newspaper of general circulation printed 16 and published in the City of Vernon. 17 November Signed this 21st 19 72 . day of ~ ,.~ . . .emer. City Clerk Subscribed and sworn to before me this ,.;:~/ day of ~r: , 197p p:; ::~~<'?' 6{ /:fi/4 ~ Notary Public in and for the County of Los Angeles, State of California. OFFICIAL SEAL L f~iCH/\RD 8URCH NOTARY PUBLIC-CALIFORNIA LOS Af'J:_il:,_ES COUNTY My Commission Expires Mar. 24,1973 4305 Santa Fe Ave" Verne,J, 0a,ljf, 9QP5~ SUPPORTING DOCUMENTS POLICE DEPARTMEi'rr ROSS'lT J. FU~LONc;, CHAIRMAN C:--L\?LES H, MAILLIARO l'::C::~~ 1:X:(;~,~hX'~~ZtS;;;,) ",,,-%~.,,.D'<''rJ '<'\r~ /J)'~' ~,t:--,'\7~ ,1ci~\::;-,~ {~l:~':'i:"0~"~:,:\11 rj,,:>, (~.p~>,.:;. '/il.;'C)='i:r"",,;"'(',,) ( :,,','-~~t\~~~fdt~:} T,"" ,-:'J ~"',1 ,'~"" ;t::__.Ul", __.-,:;:..,; ) ,_'~:~, r~ ~'.t.'';,....-;..':.-:;.-uj/_::;;-;J~;~~- '> ""'~1i,"'f0':;'P~,"'" ','~";:" ",,', \...)"~..;~.~-~~.~\2'~'~~~ ~ , ~ ~:~,_\,: 1"- ,-; \ \ , .:;'O~ Roa::RT H, SOCKHACK;O:,~ POLlCe: CHIEF SOARD OF POLlCE COM~,'13510NERS LEO:'US C, 1Y1AL!3URG h?;;~;Y ') (p' ~) t.) ]~ ;J ~,\'O\I-::t..:.J "'-l:-.....-,~d ~~'i~ POLlCS HEADQUARTERS 4305 SANTA FE AVENUE PHONES 587-8135 587-8136 587-5137 587.8138 587-4583 VEIU'iOX. CALIFORNIA 00058 October J, 1972 James M. Andreoli Baker Commodities~ Incorporated 4020 Bandini Boulevard Los Angeles, California 90023 Dear Mr. Andreoli: Tha~~ you for your letter of September 18, 1972, relative to the City of Vernon Code which provides that certain loads be covered so as to obscure the contents from pub- lic view. I have discussed this problem with the City Attorney and, in all probability, the subject of your letter will be discussed at the next Council Meeting on October 17, 1972. I will contact you shortly after that date. Very truly yours, /A< #/ J:. 1th4 ~~ R. H. BOCKHACKER :::bOF PO~L9~ 0/ cc: C. H. McGovern, City Attorney ;Si-i L. ..,/ POLICE DEPARTMENT ROBeRT J. FURLONG. CHAIRMAN CH,"RL!':S H. MA1LL1ARD LEO~IIS C. MAL3URG R03ERT H. SCCKHACKi:R POLICE CHI=:F SOARD OF POLICE CO\1 MISSjO"~ :::RS y~ ;--:~..... tc0"" ) /~.I'" ---.~ I -K {~ \~;:ll.\(l /1 ~1.",-;V'~ ~~~ POLiCE HEADQUARTERS 4305 SANTA FE: AVENUE PHONES 587-8135 587-8136 537-8137 537-8138 587-4583 VETIXO::-;. CALIFORNIA 90058 September 21, 1972 C. H. :HcGovern City Attorney Dear Chuck, Please find attached a copy of a request from Baker Commodities, Inc. California Vehicle Code Sections 23114 and 23115 make reference to covered loads but only for the purpose of preventing spilling or leakage. Section 12.5 of the City Code requires t~~t vehicles hauling refuse be constructed so as to prevent leakage. Section 12.6 of the City Code requires loads to be covered so as to obscure the contents of the load. (City Ord. 330). Appendix V Art. 2 Section 9 of the City Code gees into more detail on how a vehicle must be constructed so as to prevent leakage and spilling. City Ord. 330 was adopted by the City Council on October 2l, 1924. Appendix V Art. 2 Section 9 was adopted December 16, 1969. In reviewing the State law and the City Code two questions arise. ,(1) If the State law requires covers on load to prevent leakage or spilling is it proper for the City Code to require covers for another purpose such as ,,----- to obscure the contents of the load "2 POLICE DEPARTMENT! CITY OF VERNON Page 2 September 21, 1972 (2) Sections 12.5 and 12.6 are from an ordinance passed in 1924 and appendix V Art. 2 Section 9 was adopted in 1969. Does the 1969 adoption by infer- ence supercede the 1924 adoption? rIm inclined to agree with the request from Baker Commodities and even though their letter does not mention it, 1'm sure the real problem is the cost that goes into the covering and uncovering operation. Very t~uly yours, I VERNO~ PO-~ICE DEPARTMENT /,/' )/f"c, -,/'I/t./ / R. H. BOCKR.~CKER CHIEF OF POLICE cc: C.~~, .file J~~ ~ ,":/ .ffi" / \ S~~~2~b8~ 13, 1972 Chief Robert He Bockhacke~ Police Department City of Vernon, California Dear Chief Bockhacker: A problem has arisen recently pertaining to the portion or the Vernon City Code which reads "that the trucks must be t1provided wi7::h tops or covers in such a way as to obscure the contents of t~eir load from public viewlf. Vie feal that this section of the Code should be a..'TIended so that we do not have to cover the material as long as we are tra.'1S- porting normal loads, which in most cases cannot be seen from the stree1:. Fcrtner, our plant is located in the area of the ci~J where predominant- ly pac~inghouses and businesses allied to the packinghouse industry are lo~ated. The material is transported over a short distance. This is a~ industrial city, rather than a resid~ntial city, ~~d tna ~ajcrLty or paople Harking in the City of Vernon are a>H!"e of the type of material and co~~odities that are transp~rted to and from packinghousese We can see no hazard in the fact that a portion of the top of a load may be visible to public view and He would very much appreciate consideration of a suspension of the enforcement of this portion of the Code. It may be that our request will need to be taken before the City Council~ If this be the case, we will appreciate your advice as to the best mea..s of presenting our problem to them. ~a would like to add that when we speak of contents being open to public view, we do not mean to the extent of possible spillage due to the materialts being mo~~ded too high, but are spea~ing of normal loads for our v~hicles. Any consideration you can give us will be much appreciated. ~e assure you of our desire to cooperate with your department. Sinco3rely, ,3A:<ER CO:'lHODITIES) INC. /2> .Qn ;:'fJ{ /1 . t1 cv~~~'-f/~~e---~ -, 2~2S ~.!~ And~e61i ;-' ~"'.:\ I!~~<E~>i CG~j~;l'11rJ:J1TJ:;SJ 18!.:.. ..:c::'~ c:::r'iji;l; :Ji\'ci..:- ::JS -.... ;:>.-':: ~_~ 9~~'J'23 ~. (:213) 23'::<:'::< .-te:c;x: 9:C-32i:JJCi7 ''-,=JO~-3: o;:l:-\er::O~-:1