Ordinance No. 935
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ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING THE CODE OF THE CITY OF
VERNON, CALIFORNIA 1959 BY ADDING NEW CHAPTER
4A REGULATING EMERGENCY BURGLAR AND ALARM
SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFOR, AND PROVIDING
FOR PENALTIES FOR THE VIOLATION OF ANY
PROVISION OF THIS ORDINANCE
8 WHEREAS, the Chief of Police has reported to the City
9 Council that there has been an alarming increase in false alarms
10 of emergency alarm systems throughout the City which causes his
11 department to expend man-hours pursuing false alarms; and
12 WHEREAS, the Chief of Police has recommended the
13 establishment of rules and regulations and charges which would
14 assist in eliminating the false alarm problem.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
16 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That Chapter 4A is hereby added to the Code
18 of the City of Vernon, California 1959 and shall read as follows:
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Sec. 4A.l. Purpose.
20 The purpose of this Chapter is to set forth
21 regulations governing burglary and robbery alarm systems, alarm
22 businesses and agents within the City of Vernon, require permits
23 therefor, establish fees, and provide for the punishment of
24 violations of provisions of this Chapter.
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Sec. 4A.2. Definitions.
26 For the purposes of this Chapter, certain words and
27 phrases shall be construed herein as set forth in this section,
28 unless it is apparent from the context that a different meaning
1 is intended:
2 ALARM AGENT means any person who is employed by an alarm
3 business, either directly or indirectly, whose duties include any
4 of the following: selling, maintaining, leasing, servicing,
5 repairing, altering, replacing, moving or installing on any
6 building, place or premises an alarm system in the City.
7 EXEMPTION: The provisions of this section do not
8 include a person who engages in the manufacture or sale of an
9 alarm system from a fixed location and who neither visits the
10 location where the alarm system is to be installed, nor designs
11 the scheme for physical location and installation of the alarm
12 system in a specific location.
13 ALARM BUSINESS means the business by any individual,
14 partnership, corporation or other entity of: selling, leasing,
15 maintaining, servicing, repairing, altering, replacing, moving
16 or installing any alarm system or causing to be sold, leased,
17 maintained, serviced, repaired, altered, replaced, moved, or
18 installed any alarm system in or on any building, structure, or
19 facility.
20 ALARM SYSTEM means any device designed for the protection
21 from any unauthorized entry on or into any building, place or
22 premises, or for alerting others of the commission of an
23 unlawful act, or both.
24 ALARM USER means any person, firm, partnership,
25 association, or corporation who possesses or uses an alarm system.
26 APPELLANT means a person, firm, partnership, association,
27 or corporation who perfects an appeal pursuant to this Chapter.
28 APPLICANT means a person, firm, partnership, association,
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or corporation who, or which, files an application for a new or
renewal permit as provided in this Chapter.
AUDIBLE ALARM means that type of alarm system, which,
when activated, emits an audible sound.
CITY ADMINISTRATOR means the City Administrator of the
City of Vernon or his authorized representative.
EXCESSIVE is defined as more than eight (8) false alarms
in a twelve (12) month calendar period.
FALSE ALARM means the activation of an alarm system
through mechnical failure, malfunction, improper installation or
through the negligence of the owner or lessee of an alarm system,
or his employees or agents which necessitates a response by the
Vernon Police Department where an emergency situation does not
exist. Alarms caused by acts of God, electrical interruptions,
flooding or other violent conditions or acts of third parties
caused by an illegal entry or attempted entry as determined by the
responding police officer are not to be considered false alarms.
NOTICE means written notice, given by personal service
upon the addressee, or given by United States Mail, postage
prepaid, addressed to the person to be notified at his last
known address. Service of such notice shall be effective upon
the completion of personal service, or upon the placing of the
same in the custody of the United States Postal Service.
OWNER, LESSEE or SUBSCRIBER means any member of the
public who subscribes to the service of any person, firm, or
corporation engaged in the business of selling and installing
alarm systems within the City.
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1 PERMITTEE means any person, firm, partnership, associa-
2 tion, or corporation who, or which shall be granted a permit as
3 provided herein, and his or its agents and representatives.
4 POLICE DEPARTMENT means the Police Department of the
5 City of Vernon.
6 CHIEF OF POLICE means the Chief of the police department
7 or his authorized representative.
8 REPORTING TELEPHONES means any intrusion detection device
9 which, when activated, causes mechanically, electronically, or by
10 any other automatic means, intrastate dialing of any telephone
11 number and then transmits a prerecorded message.
12 SILENT ALARM means that type of alarm system which, when
13 activated, sounds a bell or buzzer or turns on a light at a pre-
14 designated place other than the location where the alarm has been
15 installed.
16 Sec. 4A.3. License for Alarm Business.
17 No person shall engage in, conduct, or carryon an
18 alarm business within the City without first applying for and
19 receiving a state alarm company operator license therefor in
20 accordance with the provisions of Division 3, Chapter 11 of the
21 Business and Professions Code (Sections 7500 et ~.) and filing
22 a copy of such license with the City police department. In the
23 event its license is suspended, revoked, or otherwise rendered
24 invalid by the state issuing authority, the alarm business shall
25 notify the police department in writing of such state action
26 within three (3) days thereof. Each alarm business owner andlor
27 operator is required to provide the police chief with the name,
28 address and phone numbers of each new subscriber within the
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1 incorporated city limits of Vernon, prior to the activation of a
2 new alarm system, or upon notification that an existing alarm
3 system has been sold or transferred to another subscriber.
4 Sec. 4A.4. Registration of Alarm Agent.
5 No person shall operate as an alarm agent within the
6 City without first applying for and receiving a state alarm agent
7 registration therefor in accordance with the provisions of
8 Division 3, Chapter 11 of the Business and Professions Code
9 (Sections 7500 et ~.) and filing a copy of such registration
10 with the police department.
11 Sec. 4A.5. Permit for Alarm Systems.
12 (a) Required: Within ninety (90) days after the
13 effective date of this Chapter, every alarm user shall obtain
14 from the police chief an alarm system permit for each alarm system
15 he operates within the City and shall display or post said permit
16 in a conspicuous place on the premises where the alarm system is
17 located unless the police chief specifies a specific place for
18 the posting of said notice. Alarm businesses are not required to
19 obtain permits under this section when they lease or provide
20 services to alarm users. However, if an alarm business uses an
21 alarm system to protect its own premises, it shall obtain a
22 permit for such system as required herein.
23 (b) Application: The alarm user applying for the
24 permit required in paragraph (a) of this section shall state on a
25 permit application form, to be prepared by the police department
26 and approved by the city attorney the following information:
27 (1) Applicant's name, address and telephone
28 number where helshe can be reached at any time, for the purposes
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1 of responding to an alarm signal and opening the premises in
2 which the system is installed;
3 (2) The address of the residence or business or
4 businesses in or upon which the alarm system has been or will be
5 installed;
6 (3) Whether the applicant has ever been
7 convicted of a felony or any crime involving theft or embezzlement;
8 (4) The type of alarm system; local, direct
9 connect, central station, burglar, robbery, silent, audible, etc.;
10 (5) The name of the alarm business or business
11 selling, installing, monitoring, inspecting, responding to or
12 maintaining the alarm system;
13 (6) The name and telephone number of at least
14 one other person (in the case of a corporate alarm user applicant,
15 at least two persons) who can be reached at any time, who is
16 authorized to respond to an alarm system signal and who can open
17 the premises in which the system is installed.
18 (c) An alarm system permit shall automatically
19 terminate upon any change of principal, type of system or
20 protected premises. No permit may be transferred to another
21 principal, different class of system or protected premises. No
22 refunds will be given on termination or suspension of any permit
23 for any reason. Whenever there is a change in the information
24 stated on the Application, the applicant must submit written
25 notice to the police chief of said change within twenty (20) days
26 after such change occurs.
27 (d) Fee: The alarm user shall pay an annual permit
28 fee in an amount established by resolution of the City Council of
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(e) Inspection: Every alarm user licensed under
this section shall be required to have such alarm system inspected
prior to submitting an application for an alarm system permit
by a licensed alarm business; and the alarm business making such
inspection is required to report the results in writing to the
police department.
(f) Confidentiality of Information: The information
contained in an alarm system permit application required by this
section and other information received by the police chief
through correspondence or communications with an alarm user, shall
be securely maintained and restricted to inspection only by the
police chief or certain officers or city employees specifically
assigned the responsibility of handling and processing alarm
system permits in the course of official duties.
(g) Violations: Any alarm user who operates
an alarm system without first obtaining a permit as required by
this section, or who, after having a permit revoked or suspended
and after exhausting his rights to hearing and appeal, fails to
disconnect his alarm system, shall be in violation of this
Chapter.
(h) City Obligations: The City shall not, by the
issuance of any alarm system permit, be obligated to respond or
accord any priority to an alarm from such system.
Sec. 4A.6. Alarm System Permit -- Grounds for Denial.
An application for an alarm system permit may be
denied if:
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1 (1) The applicant knowingly made any false,
2 misleading or fraudulent statement of a material fact in an
3 application for a permit or in any report or record required to
4 be filed with the City, pursuant to the provisions of this
5 Chapter;
6 (2) The applicant has been convicted of a felony
7 or any crime involving theft or embezzlement;
8 (3) The applicant has had a similar type permit
9 previously revoked for good cause within the past year unless
10 the applicant can show a material change in the circumstances
11 since the date of revocation.
12 Sec. 4A.7. Systems Requirements.
13 (a) No alarm system shall be installed, used or
14 maintained in violation of any of the requirements of this Code,
15 or of any applicable statute, law or administrative requirement
16 of the United States of America, the State of California, or any
17 administrative rule-making body thereof.
18 (b) The holder of an alarm system permit shall be
19 responsible for training and re-training all employees, family
20 members and other persons who may make regular use of the
21 protected premises and who may, in the normal course of their
22 activities, be in a position to accidentally trigger a sensor.
23 Such training shall include procedures and practices to avoid
24 accidental alarms, and steps to follow in the event the system is
25 accidentally triggered.
26 (c) The holder of an alarm system permit shall, at
27 all times, be responsible for the proper maintenance and repair of
28 the system, and for the repair andlor replacement of any component,
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method of installment, design feature or like condition which may
given rise to a false alarm.
(d) Upon notification by the police department
that an audible alarm is activated, the permittee, his
representative, or his alarm agent, shall immediately proceed to
silence the alarm. For purposes of this chapter, "immediately"
means within thirty (30) minutes of notification by the police
department. Alternatively, the alarm system may be equipped with
an automatic shut-off device which shall silence the alarm within
thirty (30) minutes, thus eliminating the need for a personal
response as otherwise required therein.
(e) Each alarm must be equipped so as not to sound
due to power outages, and must have a standby battery pack to
operate the alarm for at least four (4) hours.
(f) No person, except an authorized representative
of a public utility engaged in the business of providing
communication services and facilities, shall use or operate,
attempt to use or operate, or cause to be used or operated, or
arrange, adjust, program or otherwise provide or install, any
device or combination of devices that will, upon activation,
either mechanically, electronically, or by other automatic means,
initiate an intrastate call and deliver a recorded message to any
telephone number used for the receipt of emergency or governmental
administrative messages by the police department, or any
administrative office or department of the City. The term
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"telephone number" includes any additional numbers associated
with such emergency or governmental, administrative telephone
number through the use of a rotary or other system whereby
additional telephone calls to the number are connected to other
numbers when the first number is in use.
(g) Alarm systems are primarily designed to alert
regarding intrusion or robbery. Any use of an alarm system to
summon the police where a telephone call would best serve the
purpose will constitute a misuse of the alarm system and a
violation of this Chapter. For example, the use of an alarm
system to summon police to a brawl or other disturbance would
be a misuse of the system.
Sec. 4A.8. Alarm Agents -- State Identification Cards
in Possession.
Every person operating as an alarm agent within
the City shall carryon his person at all times while so engaged
a valid state alarm agent identification card and shall display
such card to any police officer or alarm user upon request.
Sec. 4A.9. Display of State Alarm Company Operator
License.
Every person engaged in, conducting or operating an
alarm business within the City shall post on the premises where
the alarm business is located a copy of a valid state alarm
company operator's license. The City Finance Department may
establish requirements for the issuance of an appropriate license
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identification tag.
Sec. 4A.lO. Record of Inspection.
Each alarm business, alarm agent or permittee shall
display to the police chief or his authorized representative,
when requested, their record of inspection, maintenance, or
repair of any installed alarm system.
Sec. 4A.ll. Obligation to Instruct Alarm System
Operators.
Each alarm business, alarm agent or permittee which
installs or services an alarm system shall clearly instruct the
operators of the alarm system in the proper use and operation
of the alarm system, as frequently as necessary, especially in
those factors which can cause false alarms.
Sec. 4A.12. Audible Alarms Similar to Sirens Prohibited.
It is unlawful to install on the exterior or interior
of a building an intrusion detection device or burglar alarm
system which upon activation emits a sound exceeding eight (80)
decibels (when measured from anywhere outside the premises), or
which is similar to sirens in use on emergency vehicles or for
civil defense purposes.
Sec. 4A.13. Alarm Systems Which Constitute a Hazard
to Responding Public Safety Officers.
No permit shall be issued for an alarm system which,
due to the nature of its construction anci/or installation, consti-
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1 tutes an unreasonable hazard to life and limb of responding
2 public safety officers.
3 Sec. 4A.14. Connection of Alarm Systems to City
4 Communications Center.
5 The police chief is authorized to enforce rules
6 and regulations, adopted by resolution of the City Council,
7 governing the connection of private burglar andlor robbery
8 systems to the city communications center or other city approved
9 communications center. Such rules and regulations shall prescribe
10 minimum standards for the manner in which the said connections
11 are to be made, the equipment and devices which shall be used to
12 accomplish said connection, and the manner in which the said
13 equipment and devices shall be maintained and their cost defrayed.
14 No person, business or concern may connect or
15 continue to have connected any burglary andlor robbery alarm
16 system to the city communioations center or other city approved
17 communications centers, unless and until he has complied with all
18 such rules and regulations.
19 Sec. 4A.15. Fees.
20 The fee for an alarm system permit shall be set by
21 resolution of the City Council of the City of Vernon and shall
22 not be prorated.
23 Sec. 4A.16. Permit Renewal.
24 Permits issued under this Chapter shall expire on
25 June 30th of each fiscal year unless an application for renewal
26 is granted. Such renewal application shall be processed in the
27 same manner as applications for the initial permit. Renewal
28 permits shall be dated July 1st. The renewal permit will not be
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1 issued until the fee is paid and a late charge will be assessed
2 on all permit holders who do not pay the renewal fee prior to
3 the expiration of their existing permits. The renewal fee and
4 any late charges shall be in an amount established by resolution
5 of the City Council of the City of Vernon. The renewal appli-
6 cation shall contain the principal's signed statement that there
7 have been no changes in principal, protected premises or other
8 type of alarm system.
9 Sec. 4A.17. Grounds for Suspension and Revocation.
10 The following shall constitute grounds for
11 suspension and revocation of a permit:
12 (a) The violation of any of the provisions of this
13 Chapter.
14 (b) The failure to comply with the standards and
15 regulations adopted pursuant to Section 4A.7.
16 (c) When an alarm system actuates excessive false
17 alarms and thereby constitutes a public nuisance.
18 (d) When the applicant or permittee, or his
19 employee or agent, has knowingly made any false, misleading or
20 fraudulent statement of a material fact in the application for
21 a permit or in any report or record required to be filed with any
22 city agency which is discovered after the permit has been issued.
23 (e) \~en the applicant or permittee, or his
24 designated representative immediately following an alarm
25 activation fails to respond within thirty (30) minutes to a
26 request for access to the protected premises, upon a request to
27 do so by a city police officer or city dispatcher who deems a
28 response necessary to insure the security of the premises or
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persons where the system is installed.
Sec. 4A.18. Procedure for Suspension and Revocation.
Any permit issued under this Chapter may be
suspended by the Chief of Police for any of the grounds provided
for in Section 4A.17. In the case of such suspension, the Chief
of Police shall serve the permittee with a written order of
suspension, which shall state the reasons for such suspension.
The order shall be effective immediately, if personally served,
or forty-eight (48) hours after the same has been deposited in the
course of transmission in said United States Postal Service.
Immediately upon such an order becoming effective,
the permittee shall discontinue the use of an alarm system
requiring a permit under this Chapter and cease all operations
conducted under the authority of any permit issued pursuant to
this Chapter. Further, in the event permittee fails to cease
all operations, the police department will not respond to any
alarms issued from the alarm system without a valid and effective
permit in accordance with this Chapter.
Sec. 4A.19. Notices.
(a) notice or billing from the City to any permit
holder shall be deemed to have been given or rendered on the
date such notice or billing is deposited in the U.S. Mail, first
class postage, prepaid, addressed to the permit holder at the
address shown in the City's permit records, a certificate signed
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1 by the person who mailed the notice shall be prima facie evidence
2 of the facts stated therein with respect to such notice.
3 (b) Notice to the City or payment under this
4 Ordinance shall be effective when received at the appropriate
5 City office.
6 Sec. 4A.20. City Council Appeal.
7 The suspension shall become a permanent revocation
8 of said permit fifteen (15) days after the order of suspension
9 becomes effective, unless the permittee files an appeal of the
10 order of suspension in the manner set forth in this Chapter. When
11 an appeal is filed, the order of suspension shall be stayed
12 pending a determination thereof by the City Council. Such
13 suspension shall become a revocation of said permit if upheld
14 by the City Council. The suspension shall be dissolved
15 immediately if the decision of the City Council reverses the
16 suspension.
17 Sec. 4A.2l. Surrender of Permit.
18 If any permit is revoked pursuant to this Chapter,
19 the permittee shall immediately surrender said permit to the
20 police department.
21 Sec. 4A.22. Police Department Response Service Charges.
22 Service charges which shall be set by resolution
23 of the City Council of the City of Vernon shall be paid to the
24 City by each subscriber of an alarm system for a fourth, fifth,
25 sixth and each subsequent response made to the location of a
26 false alarm by the police department during the same fiscal year.
27 Failure to pay service charges within thirty (30)
28 days of receiving notice of such charges constitutes grounds for
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1 suspension and revocation of the alarm system permit.
2 Sec. 4A.23. Right of Appeal.
3 (a) Any person aggrieved by the decision of the
4 Chief of Police, with reference to any matter covered by this
5 Chapter, shall have the right to appeal to the City Council.
6 (b) The aggrieved person may informally seek relief
7 from a decision of the Chief of Police by presenting evidence to
8 the City Administrator that the deficiencies in the alarm system,
9 or its operation, have been rectified. That evidence must be
10 presented within fifteen (15) days of the effective date of an
11 order of suspension. Within five (5) working days of the date
12 upon which the evidence is presented, the City Administrator
13 shall notify permittee of his decision. In the event informal
14 relief is not granted, the aggrieved person has an additional
15 fifteen (15) days from the date of notification of the decision
16 by the City Administrator to file a formal appeal with the City
17 Council as provided for herein.
18 (c) A statement setting forth fully the grounds
19 of such appeal shall be filed with the City Clerk of the City of
20 Vernon within fifteen (15) days after notice of the decision of
21 the Chief of Police andlor City Administrator has been delivered
22 to such person or mailed to his last known address. The City
23 Clerk shall set a time and place for hearing on the appeal and
24 shall promptly give notice of such hearing to the appellant.
25 Such notice shall be in writing and shall be mailed to the
26 appellant at his last known address at least five (5) days prior
27 to the date of hearing. The decision and order of the City Counci
28 on such appeal shall be final and conclusive.
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1 Sec. 4A.24. Penalties for Violation.
2 Any person violating any of the provisions of this
3 Chapter shall be guilty of a misdemeanor and upon conviction
4 thereof shall be punishable by a fine of not more than five
5 hundred dollars ($500) or by imprisonment in the county jail for
6 a period of not more than six (6) months, or by both such fine
7 and imprisonment.
8 Sec. 4A.25. Enforcement.
9 The conviction andlor punishment of any person or
10 corporation for violation of the provisions of this Chapter or
11 for failing to secure a permit as required by this Chapter shall
12 not relieve such person or corporation from paying the permit
13 fee due and unpaid at the time of such conviction, nor shall
14 payment of any permit fee prevent criminal prosecution for
15 violation of any of the provisions of this Chapter. All remedies
16 shall be cumulative and the use of one or more remedies by the
17 City shall not bar the use of any other remedy for the purpose of
18 enforcing the provisions of this Chapter. The amount of any
19 permit fee or response service charge shall be deemed a debt to
20 the City. An action may be commenced in the name of the City in
21 any court of competent jurisdiction for the amount of any
22 delinquent permit fee or delinquent response service charge. All
23 permit fees shall be deemed delinquent thirty (30) days after
24 they are due and payable.
25 SECTION 2: If any section, subsection, sentence,
26 clause, phrase or word of this Ordinance is for any reason held
27 to be void or unconstitutional, such decision shall not affect
28 the validity of the remaining portions of this Ordinance; it
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1 being the intention of the City Council of the City of Vernon to
2 adopt and pass this Ordinance and each section, subsection,
3 sentence, clause or phrase thereof irrespective of the fact that
4 one or more of the sections, subsections, clauses, sentences,
5 phrases thereof may be declared void or unconstitutional.
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SECTION 3: There being no newspaper printed,
7 published or circulated in the City of Vernon, the City Clerk
8 is hereby directed to certify to the passage of this Ordinance
9 and shall post the same, or cause the same to be posted, in
10 three (3) of the most public places in the City of Vernon, to
11 wit: the northwest corner of 38th Street and Santa Fe Avenue,
12 the northeast corner of Leonis Boulevard and Pacific Boulevard,
13 and on the bulletin board in the lobby of the City Hall of
14 said City, located at 4305 Santa Fe Avenue, all in the City of
15 Vernon, County of Los Angeles, State of California; that this
16 Ordinance shall be in full force and effect thirty (30) days
17 from and after the passage of the same.
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APPROVED AND ADOPTED this
i I t:?tday of
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1983.
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1 STATE OF CALIFORNIA
SSe
2 COUNTY OF LOS ANGELES
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
6
Ordinance No.
935
, was duly and regularly introduced
7 at a regular meeting of the City Council of the City of Vernon,
May 3, 1983
, and thereafter finally adopted
8
held on
9 at a regular meeting of said City Council held on
10 J3]7J /7, /7 J/3 , by the foll~wing vote:
11 AYES: Councilmen: )77d_~, JJrLuVJ, ~lc.'L'1t: f )]}"(O~>,y,~'.j",
12 NOES: Councilmen:
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ABSENT:
Counc i lrnen: vl1tfr--n.--O~
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Bruce V. Malkenhorst, City Clerk
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