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Ordinance No. 945 1 2 3 4 5 6 7 ORDINANCE NO. 945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959 BY ADDING SECTIONS 17.6-1 AND 17.6-2 TO SAID CODE PROHIBITING POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN A LIQUOR STORE OR ON THE I~mDIATELY-ADJACENT PREMISES AS SHALL BE POSTED AND REPEALING ANY ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH 8 WHEREAS, Assembly Bill No. 96 was approved by the 9 Governor on July 28, 1983, which added Section 647e to the 10 Penal Code relating to alcoholic beverages, which was to take 11 effect immediately; and 12 WHEREAS, said Section 647e(a) provides that a city may 13 by local ordinance prohibit possession of an open alcoholic 14 beverage container on the post premises of a retail package off- 15 sale alcoholic beverage licensee (liquor store) or on the 16 immediately-adjacent premises; and 17 WHEREAS, said Section 647e(b) provides that any local 18 ordinance adopted pursuant to this section shall require posting 19 of the premises; and 20 WHEREAS, Chief Espinoza has recommended that an 21 ordinance be adopted to permit the enforcement of this new 22 section; and 23 WHEREAS, the City Council of the City of Vernon finds 24 it necessary to add new Sections 17.6-1 and 17.6-2 to the Code 25 of the City of Vernon, California 1959 to provide for the 26 prohibition of the possession of an open alcoholic beverage 27 container in a liquor store or on the immediately-adjacent 28 premises as shall be posted; and 1 WHEREAS, in accordance with Section 36937(b) of the 2 Government Code there is an urgency in adopting this Ordinance 3 for the immediate preservation of the public peace, health, 4 safety, comfort, convenience and general welfare of the City of 5 Vernon and its inhabitants based upon the following facts: 6 In order for the City of Vernon, at the earliest 7 opportunity, to alleviate the attendant problems of persons who 8 congregate with opened alcoholic beverages on premises 9 licensed with a retail package off-sale alcoholic beverage 10 license, such as the harassment of customers or the perpetration 11 of unlawful activity, it is necessary that this Ordinance take 12 effect immediately. 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON 14 DOES ORDAIN AS FOLLOWS: 15 SECTION I: The City Council of the City of Vernon 16 hereby finds and determines that the recitals contained herein- 17 above are true and correct. 18 SECTION 2: That the City Council of the City of Vernon 19 hereby adds the following Section 17.6-l to the Code of the 20 City of Vernon, California 1959: 21 22 Sec. 17.6-1. Possession of an Open Alcoholic Beverage Container in a Liquor Store or on the Immediately-Adjacent Premises-Prohibition 23 No person who has in his or her possession any 24 bottle, can or other receptacle containing any alcoholic beverage 25 which has been opened, or a seal broken, or the contents of which 26 have been partially removed, shall enter, be, or remain on the 27 posted premises of, including the posted parking lot immediately 28 adjacent to, any retail package off-sale alcoholic beverage -2- 1 licensee licensed pursuant to Division 9 (commencing with Section 2 23000) of the Business and Professions Code, or on any public 3 sidewalk immediately adjacent to the licensed and posted 4 premises. Any person violating any provision of this Ordinance 5 shall be guilty of an infraction. This Ordinance shall not 6 apply to a private residential parking lot which is immediately 7 adjacent to the posted premises. 8 SECTION 3: That the City Council of the City of Vernon 9 hereby adds the following Section 17.6-2 to the Code of the City 10 of Vernon, California 1959: 11 Sec. 17.6-2. Posting of the Premises Required. 12 As used in Section 17.6-l, "posted premises" means 13 those premises which are subject to licensure under any retail 14 package off-sale alcoholic beverage license, the parking lot 15 immediately adjacent to the licensed premises and any public 16 sidewalk immediately adjacent to the licensed premises on which 17 clearly visible notices indicate to the patrons of the licensee 18 and parking lot and to persons on the public sidewalk, that the 19 provisions of Section 17.6-1 are applicable. 20 SECTION 4: The City Council of the City of Vernon 21 hereby declares that there exists an urgency in adopting this 22 Ordinance and finds and determines that the congregation of 23 persons with opened alcoholic beverages on premises 24 licensed with a retail package off-sale alcoholic beverage 25 license poses potential problems requiring the establishment of 26 regulations prohibiting possession of open alcoholic beverage 27 containers on posted premises licensed with a retail package 28 off-sale alcoholic beverage license, and therefore this Ordinance -3- I shall be effective immediately upon the approval of a 4/5ths 2 majority of the City Council of the City of Vernon and thence- 3 forth the same shall be in full force and effect. 4 SECTION 5: That any ordinance or parts of ordinances 5 in conflict with this Ordinance are hereby repealed. 6 SECTION 6: If any section, subsection, sentence, 7 clause, or phrase or word of this Ordinance is for any reason 8 held to be void or unconstitutional, such decision shall not 9 affect the validity of the remaining portions of this Ordinance; 10 it being the intention of the City Council of the City of Vernon II to adopt and pass this Ordinance and each section, subsection, 12 sentence, clause or phrase thereof irrespective of the fact that 13 one or more of the sections, subsections, clauses, sentences or 14 phrases thereof may be declared void or unconstitutional. 15 SECTION 7: There being no newspaper printed, published 16 or circulated in the City of Vernon, the City Clerk is hereby 17 directed to certify to the passage of this Ordinance and shall 18 post the same, or cause the same to be posted, in three (3) of 19 the most public places in the City of Vernon, to wit: the 20 northwest corner of 38th Street and Santa Fe Avenue; the 21 northeast corner of Leonis Boulevard and Pacific Boulevard, and 22 on the bulletin board in the lobby of the City Hall of said City, 23 located at 4305 Santa Fe Avenue, all in the City of Vernon, 24 County of Los Angeles, State of California. 25 26 27 28 APPROVED AND ADOPTED this Lt:;~~~ BRUCE V. MALKENHORST, City Clerk of December, 1983. -4- J ,. STATE OF CALIFORNIA ) } S8. COUNTY OF LOS ANGELES ) I, BRUCE V. MAL KEN HORST , City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 945 , was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on December 20, 1983 , and thereafter finally adopted at a regular meeting of said City Council held on December 20, 1983 , by the following vote: AYES: Councilmen: Malburg, Ybarra, Gonzales, Davis McCormick NOES: Councilmen: ABSENT: Councilmen: ~~~~ Bruce V. Malkenhorst, City Clerk (SEAL) -5- .- I AFFIDAVIT OF POSTING 2 STATE OF CALIFORNIA ) ) 3 COUNTY OF LOS ANGELES) SS ) 4 CITY OF VERNON ) 5 I, BRUCE V. MALKENHORST, City Clerk of the City 6 of Vernon, do hereby certify that I did, on the 5th day 0 f 7 JANUARY 19~, post three (3) copies of ORDINANCE NO. 945 8 , 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 cor- 11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin l2 board in the lobby of the City Hall of the City of Vernon, locat- 13 ed at 4305 Santa Fe Avenue, all in said City, there being no 14 newspaper of general circulation printed and published in the City 15 of Vernon. l6 Signed this l7 18 19 20 21 22 23 24 25 26 27 ...~~ ,e\r:;~:"~ OFFICIAL, ~~~L I( ~t~:;-~~t. LOIS J HILTON ' ;:\?;,:: :~t)! r,OTARY PUBLIC" CALIFORNIA j( ~~\'J""""'/ LOS j1,:\G~;,_:<: C~,~;~;~:TY :' \1. - ~___";.":->_~.o.~~~~)~i:.:=~~/ (j~,,!:,~~o.J 4305 Santa Fe Avenue, Verm,lI. CA 90058 ~"'.... 28 SUPPORTING DOCUMENTS If 1(/(/1/1 9yl/ CITY OF VERNON HEALTH AND ENVIRONMENTAL CONTROL SECTION REGULATIONS FOR CONSTRUCTION, OPERATION, MAINTENANCE, MONITORING AND TESTING OF UNDERGROUND TANKS CONTAINING HAZARDOUS SUBSTANCES Pursuant to Ordinance No. 944, Section 13.47, the City of Vernon intends to implement the following regulations to clarify the requirementsof construction, operation, maintenance, monitoring and testing of underground tanks. I. Any person who must comply with the City of Vernon Ordinance No. 944, Underground Storage of Hazardous Substances and intends to install an underground tank system, monitoring system, or remodel, or remove all or portions of an undergroun~ tank system must secure appropriate building/fire prevention permits and pay necessary plan check and permit fees before the commencement of any work. All construction and work must be in accordance with adopted Uniform Plumbing, Electrical, Building and Fire Codes. Work must commence within thirty (30) days of permit issuance. All work must have a final inspection and approval before the issuance of an operating permit. II. SINGLE WALL UNDERGROUND TANKS .' ,.' ", ,-- ~ '.,-'...."--~"'_ '" ." ,. '....'...'" .~.... .~, <, ~ ~"~"'''''~_''_'''''''.H''''''''. All existing single wall underground tanks shall be provided with a continuous monitoring system that will give early warning of any leakage of product before potable groundwater is affected. A. TANKrIN'l';EqRl:rYrPE'l';ERMINA'l'.IQNS Prior to the installation of monitoring systems a determination shall be made of the integrity of the underground tank. One of the following options can be used: 1. Take representative soil samples adjacent to and below the tank. Soil samples shall be properly handled and be analyzed by a qualified laboratory for evidence of tank leakage. a) Samples shall be taken utilizing a Shelby Tube or other zero headspace container. b) Samples shall be capped immediately with teflon or aluminum and refrigerated for transport. or 2. Follow the procedures for a prec1s1on test in the National Fire Protection Association Pamphlet No. 329 or equivalent tank integrity test. All tests must be fully documented and certified by a qualified person. A copy of the results must be furnished to the Health Department. B. V~POSE_AQNE_MONl'J'QRJNG._. (Standard Monitoring Procedure) If groundwater is forty-five feet (45') or more below the ground surface, a vadose zone monitoring system shall be installed to detect leaks on a continuous basis. One or more vadose zone monitoring wells shall be installed in accordance with Vernon Standard Plan V 2056. Well boring shall penetrate tank back fill material (sand, gravel). 1. The number of monitoring wells required is based on a nominal detection area having a radius of fifteen feet (15') from the detector (sensor). A single monitoring well may be able to monitor more than one tank; however, normally one or more wells are necessary to monitor a single tank. 2. The inside diameter of the well casing shall be of sufficient size to allow for the easy insertion and removal of the appropriate detector (sensor), connection cable or tube. No glue shall be used in well installation. 3. Hydrocarbon vapor and/or liquid sensors may be required to properly monitor vadose zone wells. 4. If vadose zone monitoring can adequately accomplish the detection of tank leakage, groundwater monitoring is not required. c. GROPNPWA~ER_.MQNJ'J'OR;rNG (Only if required by the local agency) If groundwater monitoring is required by the local agency, the monitoring well shall be installed in accordance with Vernon Standard Plan V 2056. 1. Installation of the well or wells shall be down gradient from the tank(s) being monitored. 2. The inside diameter of the well casing shall be a minimum of four (4) inches. 3. The perforated casing zone shall extend a minimum of ten (10) feet. above and five (5) feet below the normal static water level of the aquifier being monitored. 4. The detector(s) or sensor(s) shall be capable of differentiating between the presence of water, liquid hydro- carbons or dry conditions. In addition to the liquid sensing devices, a vapor sensor and/or water sampling program may also be required. III. DOUBLE WALL_ooPNPERGROUNP. ,TANJ<S (Secondary Containment Required on all Tanks Installed After December 31, 1983) SECONDARY CONTAINMENT MONITORING .' '" .''''_''0' ,~, ," _ ~ '_,,__~ -'''''''~''' ,~..,,^. ,~...... ,~ ." --,,__ ,,.. __' _~_.^."..' ,__._, ,.._._,." , A. A continuous monitoring system provided with a detector (sensor) that is capable of detecting any incoming water or product into the secondary containment area shall be installed in each secondary containment at its lowest point. If only one access fitting is utilized into the secondary containment space, the tank must be sloped so that the lowest elevation is at the monitoring end. B. The sensor and access fittings shall be of such size and configuration that the sensor can be easily removed and replaced. IV. ALARKSYS1-'EM.P;E~U:GN.ANILQ.P.ERAr..IO:N A. Each leak detector (sensor) shall be independently connected to an above ground alarm control unit capable of indicating which detector (sensor) in the system is activitated. B. The control unit shall be provided with both a ready (on) indicator light and an alarm (vapor or liquid detected) light for each detector (sensor). In addition, a control unit for groundwater monitoring shall be able to indicate water, hydrocarbon and dry conditions. c. The alarm control unit shall be installed where it can be readily observed to facilitate quick response by responsible personnel. If the location of the alarm control unit is accessible to the general public or non-authorized individuals, an acceptable means of security for the unit must be provided. D. An audible alarm and an alarm warning light shall be provided at or near the alarm control unit. The audible alarm and light shall be simultaneously activated when a leak is detected. If the alarm control unit is located at a site not continuously attended by responsible personnel, a high intensity revolving light and audible alarm or other acceptable remote indicating device shall be installed at a height and location where it is readily visible [at least eight (8) feet from ground surface] when activated, to on-site personnel. No manual shut- off is permitted for the alarm light; however, it may be equipped with a reset control. E. A. manual or automatic means of testing the alarm system, electrical circuits, components and wiring for proper operation shall be provided with an indication if a fault occurs. F. All electrical materials shall be U.L. listed or have other equivalent laboratory approval. Separate electrical permit is required for electrical work. The alarm control and indicating system shall be permanently connected (hard wired) to the electrical supply system on dedicated circuit and shall not be provided with an accessable shut-off switch. Circuit breakers protecting the electrical supply to the unit shall not be accessable to non-authorized personnel. All wiring supplying the unit and wiring or tubing connecting sensors to the unit shall be installed so as to be protected from mechanical damage and shall be weather proof in outdoor runs. Buried sensor wire shall be installed in at least a four (4) inch deep channel that is wide enough to easily insert the wire. If conduit is used the channel shall be at least six (6) inches deep and four (4) inches wide. Channels shall be layed out in straight lines with 90 degree angle turns and shall avoid passing over subsurface storage tanks. All channels shall be sealed with expoxy, grout or asphalt emulsion. Alarm control units in outdoor locations shall be enclosed in acceptable weather proof enclosures. V. J:.EAI<.DE'l'EC'l'l.9:N. ,Q1L PRESSPRKP;rJ>.lN~..SXS~EM All underground piping under pressure, associated with storage tanks, shall be equipped with a leak detection system. This specification does not apply to suction piping. A. For all new installations or replacement of pressurized piping there shall be provided secondary containment and a monitoring system, meeting monitoring and alarm specifications in parts II and III, or a leak detection device that will cut off the flow in the system in the event of a leak. 1. A leak detection device shall be capable of sensing both a major line leak or problem and any minor leak in the piping system. 2. When a leak is detected the system shall be capable of complying with alarm requirements in Part III. The minimum level of leak detection shall be determined by the local agency. B. For pressure piping systems installed prior to the implementation of these specifications, some method of positive shut down of the turbine pump, acceptable to the local agency, must be installed in addition to properly installed and operating "Red Jackets" or equivalent equipment. Whenever such systems need to be replaced or overhauled they shall be replaced with systems complying with Part A of this section. VI . QraER.. REQP.IREMEN'l'p A. Tank Vents - For new installation primary tank vent piping ~h;ll-bed ~q~ipped with check valves to prevent overfilling of tank. B. Fill, J'ip-~. Contpinmept - Fill pipe containment devices are to be liquid tight, with a capacity of at least five (5) gallons. Containment devices are to be capable of being drained to tank. C. Moni:toring, W~ll_C9Y~~.s I. Monitoring well covers and skirts shall be installed according to Vernon Standard Plan V2056. 2. Well cover plates shall be capable of being sealed or secured in place so as to prevent the entrance of liquids into the subsurface monitoring zone. Neoprene seals with non-corrosive securing devices (bolts, screws, etc) are acceptable. 3. Where more than one monitoring well is located at a site, each well cover plate shall be permanently marked or identified with the appropriate sensor number on both sides of the cover plate. D. Encroachment permit is required prior to commencing work in the public right-of-way (sidewalk, parkway, street, etc. ) . E. The regulations and specifications contained in this document are not intended to prevent the use of any material system or method of construction not specifically identified, provided any such alternative has been approved. The local agency may approve any such alternative provided that the proposed design is satisfactory and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this document in quality, strength, effectiveness, durability and safety.