Ordinance No. 931
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ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF VERNON AMENDING
THE CODE OF THE CITY OF VERNON, CALIFORNIA
1959, BY AMENDING SECTIONS 15.8, 15.9, 15.27,
15.28, 15.29, 15.30, 15.31, 15.32, 15.33,
15.35, 15.42, 15.44, 15.45,15.46 and 15.47
OF SAID CODE REGARDING LICENSES FOR THE
PURPOSE OF REVENUE AND REGULATION OF CERTAIN
KINDS OF BUSINESSES AUTHORIZED BY LAW AND
CARRIED ON IN THE CITY OF VERNON, INCLUDING
SHOWS, EXHIBITIONS AND LAWFUL GAMES; TO FIX
AND ESTABLISH THEIR RATES OF LICENSE TAXES
AND TO PROVIDE FOR THEIR COLLECTION BY SUIT
OR OTHERWISE; PRESCRIBING PENALTIES FOR THE
VIOLATION OF ANY PROVISIONS OF THIS ORDINANCE,
AND REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH, SPECIFICALLY
ORDINANCE NOS. 868,: 871, 907 and 909
12 WHEREAS, the City Council of the City of Vernon adopted
13 Ordinance No. 868 on October 19, 1976, and Ordinance No. 871 on
14 November 16, 1976; and
15 1~EREAS, the City Council of the City of Vernon amended
16 Ordinance Nos. 868 and 871 by increasing business license fees,
17 permit fees and deposits in accordance with the increases in
18 inflation by adopting Ordinance No. 907 on December 4, 1980; and
19 WHEREAS, the City Council of the City of Vernon adopted
20 Ordinance No. 909 which amended Section 5 of Ordinance No. 907
21 providing for an increase in Peddlers' Fees on April 7, 1981; and
22 vlliEREAS, the City Council of the City of Vernon finds
23 it necessary to amend portion~ of the Code relating to business
24 licenses to provide that future increases in license fees, permit
25 fees and deposits shall be established by resolution; and
26 WHEREAS, the City Council of the City of Vernon finds
27 it necessary to amend Sections 15.8, 15.9, 15.27, 15.28, 15.29,
28 15.30, 15.31, 15.32, 15.33, 15.35, 15.42, 15.44 and 15.45 of the
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1 Code of the City of Vernon, California 1959, to revise the
2 method of establishing fees and charges pursuant to said Code.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
4 OF THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Vernon
6 hereby finds and determines that the recitals contained herein-
7 above are true and correc t .
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SECTION 2: That Section 15.8 is hereby amended to
9 read as follows:
"Sec. 15.8. Setting the Rates of License Taxes,
and Related Fees and Deposits.
Periodically the City Administrator-Finance
Director will submit to the City Council a
recommendation for revising the rates of
business license taxes and related fees and
deposits authorized by this Ordinance so that
revenues from this tax will remain a significant
portion of total revenue available to meet
expenditures, undiminished by inflation. A
complete fee schedule shall be adopted by
resolution."
SECTION 3: That Section 15.9 is hereby amended to read
23 as follows:
"Sec. 15.9. Fees for Amended or Duplicate
Licenses.
No license issued pursuant to this Ordinance
shall be transferable, provided that when a
license is issued authorizing a person to
conduct a business at a particular place, such
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license may, upon application therefor and
by paying the established fee have the
previously issued license amended so as to
authorize the conduct of such business from
some other location.
Duplicate licenses may be issued by the
City Clerk to replace any previously issued
license which has been lost or destroyed,
upon applicant's filing an affidavit
attesting to such fact. At the time of filing
such affidavit, applicant shall pay the
established fee."
14 as follows:
SECTION 4: That Section 15.27 is hereby amended to read
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"Sec. 15.27. Business License Fees.
Subject to the provisions of all other
Sections of this Ordinance, the fees
required to be paid for each of the several
businesses licensed under the provisions
of this Ordinance shall be set by resolution."
SECTION 5: That Section 15.28 is hereby amended to read
22 as follows :
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"Sec. 15.28. Central Station Industrial
Protective Service.
(a) Every person engaged in conducting
a central station protective signaling system
for watchmen, fire alarm or supervisory services
shall pay a minimum license fee each year at the
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time of applying for or renewal of the
license.
(b) The licensee shall pay to the City of
Vernon 2% of the gross receipts of business
arising from licensee's operations conducted
in the City of Vernon, less the minimum
previously paid.
(c) Definitions:
PROTECTIVE SYSTEMS include, but are not
restricted to, automatic sprinklers, standpipes,
carbon dioxide systems, automatic covers and
other devices used for extinguishing fires, and
for controlling temperatures or other conditions
dangerous to life or property.
PROTECTIVE SIGNALING SYSTEMS are
electrically operated circuits, instruments, or
other devices, together with the necessary
electrical energy, designed to transmit alarms
or supervisory or trouble signals, necessary
for the protection of life or property.
CENTRAL STATION SYSTEMS are systems or
groups of systems, the operations of which are
signaled to, recorded in, maintained or
supervised from a central station for the
protection of life or property.
Any license granted under this Section
must be approved by the Fire and/or Police
Department of the City of Vernon before
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1 issuance of said license is given to the
2 applicant."
3 SECTION 6: That Section 15.29 is hereby amended to
4 read as follows:
5 "Sec. 15.29. License Fees For Auctioneers.
6 For every person, firm or corporation
7 engaged in or carrying on the business of an
8 auctioneer for the sale at auction of any
9 real or personal property, and not having a
10 fixed place of business in the City of Vernon,
11 a fee per day."
12 SECTION 7: That Section 15.30 is hereby amended to
13 read as follows:
14 "Sec. 15.30. License Fees For Peddlers.
15 (a) For every person engaged in or carrying
16 on the business of a peddler for the purpose of
17 selling or offering for sale any goods, wares
18 or merchandise, a fee each year, or portion of
19 year thereof, except as otherwise specifically
20 set forth herein.
21 The first license of any newly established
22 peddler shall set forth a license fee prorated
23 upon the basis of calendar quarters, or
24 fractions thereof, remaining in the current
25 calendar year.
26 All licenses for persons engaged in or
27 carrying on the business of a peddler shall be
28 annual licenses only. No refunds shall be
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granted to any peddler who terminates his
business in the City of Vernon before the
expiration date of said license.
Any peddler's business may be
transferred from'one person to another
during the calendar year without the
purchase of a new license for the
unexpired term of the existing license;
provided, however, that all requirements of
City departments having jurisdiction are
given compliance.
Catering vehicles operating on the
streets of the City of Vernon which service
its businesses shall comply with the
appropriate requirements of all City
departments having jurisdiction. Said
catering vehicles shall first obtain the
appropriate clearance and approval of all
such departments prior to licensing. Catering
vehicles shall be defined and license fees
determined for each of the following:
(a) Any catering vehicle engaged in
the preparation and sale of hot food and drink
items from said vehicle.
(b) Any catering vehicle engaged in the
preparation and sale of cold food and drink items
only from said vehicle.
Catering vehicles, not otherwise licensed,
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operating in the City of Vernon to serve an
auction or other special event, shall pay
a daily fee for each day of said operation.
No license shall be issued to a peddler
or to a catering vehicle until such catering
vehicle or peddler's vehicle has been
inspected and approved by the Fire Department
and the Health Department.
(b) For every peddler who calls attention
to his wares, or advertises the same by use of
music, entertainment, speech, fancy or
grotesque dress, or otherwise, upon any public
street, alley, or other public place, doorway
of any room or building, unenclosed or vacant
lot or parcel of land within the City of
Vernon, shall pay a fee each year, or any
monthly portion thereof."
SECTION 8: That Section 15.3l is hereby amended to
read as follows:
"Sec. 15.31. Motion Picture Production.
For every person conducting, managing or
carrying on the business of taking or producing
one or more motion pictures of photoplays, and
having no fixed place of business in the City
of Vernon, shall pay a fee each day."
SECTION 9: That Section 15.32 is hereby amended to
read as follows:
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"Sec. 15.32. Selling Fruits and Vegetables.
For every person conducting, managing, or
carrying on the business of selling fruits
and/or vegetables from a vehicle, and having
no fixed place of business in the City of
Vernon, shall pay a fee each year, or portion
of year thereof."
SECTION 10: That Section 15.33 is hereby amended to
read as follows:
"Sec. 15.33. Dealers in Junk, Metal, Rags,
Paper, Etc.
(a) For every person having a fixed place
of business in the City of Vernon, and engaged
in conducting, managing, or carrying on the
business of buying or selling, at wholesale or
retail, any old metal such as old iron, brass,
copper or other metals, commonly known as junk
or scrap metal, shall pay a fee each year.
(b) For every person engaged in the business
of buying or selling or otherwise dealing in
used or secondhand rags or papers, and who is
commonly known as a secondhand rag or paper
dealer maintaining a fixed place of business
in the City of Vernon, shall pay a fee each year.
(c) Every person engaged in the business of
conducting or operating, at wholesale or retail,
any secondhand steel or cast iron oil pipe,
water pipe, oil-well casing, and/or fittings for
the same, and who is commonly known as a secondhand
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pipe dealer, maintaining a fixed place of
business in the City of Vernon, shall pay
a fee each year."
SECTION 11: That Section 15.35 is hereby amended to
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"Sec. 15.35. Shows, Circuses, Rodeos and
Other Amusements.
Every person engaged in the business of
conducting a show, circus, rodeo, or other
type of amusement in the City of Vernon, for
which an admission fee is charged to or in
any way collected from the persons attending
the same, and which is carried on for a
period of time less than thirty (30) days at
one location, shall pay a license fee for
each day or portion thereof during that
time for the privilege of doing business in
the City of Vernon, as follows:
(a) Afea per d~y for such
show, circus, rodeo, or other type of
amusement;
(b) A fee per day for each
sideshow for which an admission fee is charged,
and which is operated as a side attraction to
a show, circus, rodeo, or other type of
amusement licensed under subparagraph (a) above;
and
(c) No license shall be issued for any
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1 businesses, pursuant to this Section, unless
2 the City Council shall have first authorized
3 the issuance of such license."
4 SECTION 12: That Section 15.42 is hereby amended to
5 read as follows:
6 "Sec. 15.42. Permit For Moving Structures.
7 Before moving any structure upon and
8 along the streets in the City of Vernon, a
9 permit to do so must be secured from the City
10 Clerk of said City. A sum, set by resolution ,
11 must be deposited with said City Clerk, payable
12 to the City of Vernon, for each and every
13 structure to be moved. In the event that any
14 damage is caused by the moving of said
15 structure, the City Council shall have the
16 power to order said damage to be repaired or
17 replaced from the money deposited by the
18 applicant and the balance may be returned
19 after repairing or replacing said damage. In
20 the event any damage caused is greater than
21 the deposit, the City of Vernon shall have
22 the right to collect any amount due them.
23 Apart from the deposit required as above,
24 a permit fee for each structure moved into, in,
25 or through the City of Vernon, shall be determined
26 by resolution."
27 SECTION 13: That Section 15.44 is hereby amended to
28 read as follows:
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"Sec. 15.44. Used Car and Automobile Dealers.
(a) Prerequisites For License, Bond Fee
and Affidavit.
Before receiving or acting upon an
application for the granting of each license
to a used car or automobile dealer, any
applicant therefor must comply with the
following requirements:
(1) BOND. Applicant shall file with
the City Clerk at the time of filing said
application, a bond executed to the City of
Vernon by a surety corporation duly authorized
to do so, and approved by the City Attorney.
Said bond shall be joint and several and the
penalty therefor as set by resolution shall
be conditioned to be paid to the City of
Vernon and any person insuring them against
any loss or damage which may result to any
person from the. transaction involving the
used motor vehicle by the dealer through
failure to deliver a clear title to the
person entitled thereto, within twenty-one
(21) days after final payment has been made.
Said bond shall not be void upon the first
recovery, but may be sued upon and recovered
upon from time to time by any person aggrieved,
until the whole penal amount is exhausted.
(2) AFFIDAVIT. An affidavit shall be
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signed by the applicant, showing that said
applicant is to conduct his business at a
fixed place where used motor vehicles are
and will be displayed for sale. Said
application for a license must be signed
by the applicant. If the applicant is a
corporation, or a partnership, the same
must be signed by duly authorized officers
on behalf of the corporation, or by all
members of the partnership, and the same
must contain the addresses of all officers
of the corporation or of all the partners.
(b) Investigation of Business.
Upon receipt of said application, the
City Clerk shall investigate, or have
investigated, the character and business of
applicant as specified in said application
and, thereafter, may issue a license to
applicant which shall be effective for the
remaining portion of the current year.
(c) Record of Sale.
Every used car or automobile dealer shall
keep a record of the purchases, consignments,
sales and exchanges for each and every motor
vehicle purchased, sold, consigned to be sold
or exchanged by him, and said record at all
times shall be open to the inspection of the
Chief of Police or any Police Officer. Within
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forty-eight (48) hours after the purchase
or receipt of such vehicle, used car or
automobile dealers shall fill out and mail
to the Chief of Police of the City of Vernon
a full and complete report of such vehicles.
For that purpose, said report shall be
written on forms which are furnished by the
Chief of Police and shall contain:
(1) The name and address of the person
from whom the vehicle was purchased or received;
and
(2) The make, State license number,
serial number, style and seating capacity of
any motor vehicle purchased or received;
(d) Record of Repossession.
Every person who shall repossess any motor
vehicle sold, exchanged, or financed by him
shall make out and file, either in person or
by authorized agent, a full and complete report
of the repossession of such vehicles with the
Chief of Police of the City of Vernon, and
within forty-eight (48) hours after such
repossession. For that purpose, written forms
shall be obtained from and furnished by the said
Chief of Police.
(e) Grounds and Procedure for Revocation
of License.
In the event that any person holding a used
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car or automobile dealer license shall violate
any of the provisions of this Ordinance, or
any provisions of any other Ordinances, or of
any law relating to or regulating such used
automobile business, or shall conduct or carry
on such business in an unlawful manner, the
City Council shall have the power to suspend
or revoke the license issued for conducting
or carrying on such business. In the event
any license issued shall be revoked, pursuant
to the provisions of this Ordinance, then no
license shall be granted to that person to
conduct or carryon such business within six
(6) months after the revocation. No license
shall be revoked except in the manner provided
for in Sections 15.37 and 15.38 of this Code."
18 read as follows:
SECTION 14: That Section 15.45 is hereby amended to
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"Sec. 15.45. Junk, Secondhand Metal, Rags,
Paper, Secondhand Steel, Pipe
and Fittings Dealers.
(a) Prerequisites For License, Bond, Fee,
and Affidavit.
(1) BOND. There shall be filed on
behalf of said applicant, with the City Clerk
at the time of filing said application, a bond
executed on behalf of the City of Vernon by a
surety corporation duly authorized to execute
same, said bond being subject to approval by
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the City Attorney. Said bond shall be joint
and several and the penalty shown thereof
must be set by resolution, and must be
conditioned to be paid to the City of Vernon.
Said bond shall insure the City of Vernon
against any loss or damage which may result
to a person from any transaction involving the
sale of any commodity handled by the licensee
and through licensee's failure to deliver a
clear title to any person entitled thereto,
immediately upon licensee's receipt of a final
payment for that commodity. Said bond shall
not be void upon first recovery, but may be
sued upon and recovered upon from time to
time by any person aggrieved until the whole
penalty is exhausted;
(2) AFFIDAVIT. An affidavit shall be
signed by the applicant, showing that said
applicant is to conduct his business at a
fixed place where his goods and wares will be
displayed for sale. This application for a
license must be signed by the applicant. If
applicant is a corporation or a partnership,
the affidavit must be signed by a duly
authorized officer on behalf of the corporation
or by all members of a partnership and it must
contain the addresses of all officers of the
corporation or of all the partners.
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(b) Investigation of Business of Applicant.
Upon receipt of said application, the City
Clerk shall investigate, or have investigated,
the character and business of applicant as
specified in said application. Thereafter, he
may issue a license to applicant which shall be
effective for the remaining portion of the
current year.
(c) Record of Sales.
Each licensee licensed under the provisions
set forth in Section 15.33 of this Code, before
the hour of 10:00 o'clock in the morning of
each Monday and Wednesday of the week, shall
make out and deliver to the Chief of Police
of the City of Vernon, on a blank form to be
furnished by the licensee and approved by the
Chief of Police, or his duly authorized deputy,
a full, true and complete report, in the
English language, of all goods, wares or
merchandise purchased since the filing of the
last report. Said report shall show the date
each article was received or purchased, and
the true name and address of the person or
persons by whom said article was sold, together
with a description of that person or persons
as nearly as maybe ascertained by the licensee.
The description required to be given of such
person or persons shall show the style of dress,
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height, age, sex, complexion, color of
moustache or beard (or both where the same
are worn and, if neither is worn, said
facts to be noted), together with a complete
description of each article purchased by
the licensee.
(d) Time for Disposal of Merchandise.
It shall be unlawful for any licensee
covered by the provisions of this Section to
sell or otherwise dispose of any article or
thing bought by him within one week after
such article or things has been purchased.
(e) Responsibility for Conduct of Employees.
Each person operating under the provisions
of this Section or of any other Section of
this Ordinance shall be held strictly
responsible for the conduct of his employees
insofar as sales and purchases are concerned.
Any violation of this subsection or of any
other provision in this Ordinance, or of any
law relating to or regulating such business
or the conducting or carrying on of such
business in an unlawful manner by licensee,
shall be deemed sufficient grounds to suspend
and revoke any such license. No license shall
be revoked except in a manner provided for in
Sections 15.37 and 15.38 of this Code."
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1 SECTION 15:. That Section 15.46 is hereby amended to
2 read as follows:
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"Sec. 15.46. Prohibited Acts; Validity of
Ordinance; Violations a Misdemeanor;
Repeal of Conflicting Ordinances But
Saving Certain Clauses Therein.
(a) Prohibited Acts. Whenever in this
Ordinance any act or omission is made unlawful,
it shall include causing, permitting, aiding,
abetting, suffering or concealing the fact of
such act or omission.
(b) Validity of Ordinance. If any section,
subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be
invalid or unlawful by the decision of any court
of competent jurisdiction, such decision shall
not affect the validity of the remaining portions
of this Ordinance. The City Council of the City
of Vernon hereby declares that they would have
adopted this Ordinance and each section, sub-
section, sentence, clause, phrase or portion
thereof, regardless of the fact that anyone or
more sections, subsections, clauses, phrases,
or portions might be declared invalid or un-
constitutional.
(c) Violations a Misdemeanor. It shall be
unlawful for any person to violate any of the
provisions, or to fail to comply with any of the
requirements of this Ordinance. Any person
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violating any of the provisions, or failing to
comply with any of the mandatory requirements
of this Ordinance, shall be guilty of a
misdemeanor. Any person convicted of a mis-
demeanor under the provisions of this Ordinance,
unless provisions is otherwise herein made,
shall be punished by paying a fine not exceeding
Five Hundred Dollars ($500.00), or by
imprisonment in the City Jail of the City of
Vernon, or by imprisonment in the County Jail
of the County of Los Angeles, whichever the
committing magistrate directs, for a period
not to exceed three (3) months, or by both
such fine and imprisonment. Each such person
shall be guilty of a separate offense for each
and every day during any portion of which any
violation of any provision of this Ordinance
is committed, continued, or permitted by that
person who shall be punishable accordingly.
In addition to the penalties hereinabove provided,
any conditions caused or permitted to exist in
violation of any of the provisions of this
Ordinance shall be deemed a public nuisance,
and may be summarily abated as such by the City
of Vernon. Each day that such conditions
persists shall cause that condition to be
regarded as a new and separate offense.
(d) Repeal of Conflicting Ordinances; Saving
Clause on Repeal.
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1 Ordinance Nos. 710, 735, 965, 770, 774,
2 775, 785, 802, 868, 871, 907 and 909 of the
3 City, and all other Ordinances or portions of
4 Ordinances in conflict with the provisions of
5 Ordinance No. 931 are hereby repealed, except
6 as to violations of such Ordinances and
7 offenses committed before this Chapter takes
8 effect. As to such violations and offenses,
9 and for the punishment of parties guilty
10 thereof, and for the collection of any
11 delinquent taxes, licenses, fees or penalties
12 levied, assessed, due or delinquent pursuant
13 to the provisions thereof, the repealed
14 provisions of such Ordinances shall continue
15 to be in full force and effect."
16 SECTION 16: That Section 15.47 is hereby amended to
17 read as follows:
18 "Sec. 15.47. Effective Date of Chapter.
19 This chapter shall take effect for all
20 purposes on the first day of January, 1983."
21 SECTION 17: There being no newspaper of general
22 circulation printed, published or circulated in the City of
23 Vernon, the City Clerk is hereby directed to certify to the
24 passage of this Ordinance and shall post the same, or cause the
25 same to be posted, in three (3) of the most public places in
26 the City of Vernon, to wit: the northwest corner of 38th Street
27 and Santa Fe Avenue; the northeast corner of Leonis Boulevard
28 and Pacific Boulevard, and on the bulletin board in the lobby
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1 of the City Hall of said City, located at 4305 Santa Fe Avenue,
2 all in the City of Vernon, County of Los Angeles, State of
3 California; that this Ordinance shall be in full force and
4 effect thirty (30) days from and after the passage of the same.
5
6 1982.
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APPROVED AND ADOPTED this 2nd
day of November
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. ..A )
~-;,~~~/~lt~.-/
-LEONIS C. MALBffc. MajOr
ATTESJ;: // / /"2L
L~#~~~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
3
SSe
4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No.
931
, was duly and regularly introduced
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ladiourned
at a regular me~tlng of the City Council of the City of Vernon,
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held on
October 26, 1982
, and thereafter finally adopted
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at a regular meeting of said City Council held on
November 2, 1982
AYES:
, by the following vote:
NOES:
ABSENT:
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Councilmen: Ybarra, Malburg, Davis, McCormick,
Gonzales
Councilmen: None
Councilmen: None
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Bruce V. Malkenhorst, City
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1
AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS ANGELES) SS
)
4 CITY OF VERNON )
5 IJ BRUCE V. MALKENHORSTJ City Clerk of the City
6 of Vernon, do hereby certify that I didJ on the 3rd day of
November 82 . 0 d. N 93
7 19 post three (3). COQles of r lnance o.
end.lng the code oI the-clty of Vernon, Ca1i"'t. 19::>9, uy C:l.U1t::uJ.i..Uc,
8 Sections 15.8,15.9,15.27,15.28,15.29,15.30,15.31,15.32,15.33,15.35,
1~42,lJ.44,16.45,15.46,and 15.47 J
9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Avenue, at the northeast car-
II ner of Leonis Boulevard and Pacific BoulevardJand on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at l~305 Santa Fe AvenueJ all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this 10th day of
November
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Subscribed and s~.,orn to before me
this 10th day of November ,l9~.
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./k~
Notary Pub ic in nd or the County o.
Los Angeles, State of California.
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OFFICIAL SEA L
LOIS J HILTON
NOTARY PUBLIC - CALIFORNIA >
LOS ANGELES COUfm
My comm. expires APR 6, 1985
. . .....
4305 Santa PI Al/lnua, Verno". CA 9C058
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