Ordinance No. 1051
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ORDINANCE NO.1 051
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING AND RENUMBERING CHAPTERS 4A AND
21A IN THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, RELATING TO ACTIVITIES WHICH
REQUIRE A PERMIT FROM THE POLICE DEPARTMENT AND
REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
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WHEREAS, the Code of the City of Vernon, California, 1959,
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contains chapters pertaining to activities which require permits
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from the Police Department as follows:
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Chapter 4A. Emergency Burglar and Alarm Systems;
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Chapter 21A. Solicitations; and
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WHEREAS, Article 1.3 of Chapter 1 of Part 3 of Division 7
13 (commencing with section 17510) of the California Business and
14 Professions Code governs charitable solicitations, but reserves to
15 cities the right to adopt ordinances consistent therewith; and
16 WHEREAS, various provisions pertaining to such activities
17 need to be amended and clarified, consistent with the Business and
18 Professions Code, and the cross-references therein conformed; and
19 WHEREAS, it will improve the enforcement and administration
20 of the Code of the City of Vernon if chapters and sections
21 pertaining to activities requiring a permit from the Police
22 Department are consolidated as separate articles under Chapter 19 of
23 said Code; and
24 WHEREAS, it will benefit the health, safety, and welfare of
25 the City of Vernon, its residents, businesses, and their employees,
26 to retain reasonable procedures for administration and enforcement
27 of such provisions.
28 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
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SECTION 1: The City council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
adds Chapter 19, "Police Permits," to the Code of the City of
Vernon.
A. Article I, "In General," is hereby added to said
Chapter 19.
B. New code Sections 19.1 through 19.6 are added to said
Article I as set forth in Exhibit "A," which is attached hereto and
made a part hereof by reference.
C. sections 19.7 through 19.9 are reserved for future use.
SECTION 3: The city Council of the City of Vernon hereby
amends Chapter 4A and sections 4A.1 through 4A.14 and 4A.16 through
4A.20 of the Code of the City of Vernon as follows:
A. Chapter 4A, "Emergency Burglar and Alarm Systems", is
hereby reconstituted as Article II, "Emergency Burglar and Alarm
Systems" of said Chapter 19, "Police Permits."
B. Existing Code sections 4A.1 through 4A.4 shall become
sections 19.10 through 19.13, respectively, of said Article II of
Chapter 19, and the word "chapter" in sections 19.10 (twice) and
19.11 is amended to read "article."
c. Existing Code section 4A.5 shall become section 19.14
of said Article II of Chapter 19 and subsection (a) thereof is
amended to read as follows. Subsections (b) through (h) thereof
shall remain unchanged except that the word "chapter" in subsection
(g) is amended to read "article."
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Sec. 19.14. Permit for alarm systems.
(a) Required. Every alarm user shall obtain from the
police chief an alarm system permit for each alarm system it
operates within the city and shall display or post said permit
in a conspicuous place on the premises where the alarm system
is located unless the police chief specifies a specific place
for the posting of said notice.
D. Existing Code sections 4A.6 through 4A.16 shall become
sections 19.15 through 19.25, respectively, of said Article II of
Chapter 19, and the word "chapter" in sections 4A.5, 4A.6, and 4A.16
is amended to read "article."
E. Existing Code section 4A.17 shall become section 19.26
of said Article II of Chapter 19, the word "chapter" therein is
amended to read "article," and the cross-reference therein to
"section 4A.7" is amended to read "section 19.16".
F. Existing Code section 4A.18 shall become section 19.27
of said Article II of Chapter 19, and the cross-references therein
to "section 4A.17" and to "section 4A.22" are amended to read
"section 19.26" and "section 19.31", respectively.
G. Existing Code sections 4A.19 through 4A.25 shall become
sections 19.28 through 19.34, respectively, of said Article II of
Chapter 19, and the word "chapter" in sections 19.28, 19.29, 19.30,
19.32, 19.33, and 19.34 is amended to read "article."
H. Sections 19.35 through 19.39 are reserved for future
use.
SECTION 4: The city council of the City of Vernon hereby
amends Chapter 21A and sections 21A.1 through 21A.21 of the Code of
the City of Vernon as follows:
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A. Chapter 21A, "Solicitations", is hereby reconstituted
as Article III, "Solicitations," of said Chapter 19, "Permit
Enforcement."
B. Existing Code Section 21A.1 shall become Section 19.40
of said Article III of Chapter 19 and is amended to read as follows:
Sec. 19.40. Definitions.
For the purpose of this article, the following words and
phrases are defined as set forth unless it is apparent from the
context that a different meaning is intended.
contribution includes food, clothing, money, property,
gifts, anything of value, or any donation under the guise of a
loan of money or property.
Person includes an individual, a partnership, a nonprofit
association, a corporation, or any other organization or entity
engaged in solicitation.
Philanthropic includes "charitable", "social service",
"benevolent", "patriotic" or "civic activity" whether actual or
purported.
Solici t or solicitation means to request, directly or
indirectly, contributions, or to sell or offer for sale, or to
exhibit any thing or object whatsoever to raise money,
including any article, tag, service, emblem, publication,
ticket, advertisement, or subscription; or to secure or attempt
to secure money, donations or contributions by promoting any
bazaar, sale, dance, card party, supper, or entertainment;
whether any of such acts occur on the streets or in any office
or private or public building, or by house to house or building
to building canvass, or in any public or private place, or by
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telephone, except as may be exempted by the provisions of this
chapter.
C. Existing Code sections 21A.2 and 21A.3 shall become
sections 19.41 and 19.42 of said Article III of Chapter 19, and the
word "chapter" in Sections 19.41 and 19.42 (twice) is amended to
read "article."
D. Existing Code section 21A.4 shall become Section 19.43
of said Article III of Chapter 19, and the cross-reference therein
to "sections 21A.2 and 21A.3" is amended to read "sections 19.41 and
19.42".
E. Existing Code section 21A.5 shall become section 19.44
of said Article III of Chapter 19, and the cross-reference therein
to "section 21A.4" is amended to read "section 19.43".
F. Existing Code sections 21A.6 and 21A.7 shall become
sections 19.45 and 19.46, respectively, of said Article III of
Chapter 19.
G. Existing Code Sections 21A.8 and 21A.9 shall become
sections 19.47 and 19.48 of said Article III of Chapter 19, and are
amended to read as follows:
Sec. 19.47. Refusal to issue permit; suspension.
If the chief of police cannot make the findings as set
forth in section 19.46 above, he shall refuse to grant the
permit as set forth in section 19.41 above. Further, if, after
issuing a permit, the chief of police should determine that the
public welfare and convenience require the suspension of such
permi t, he shall immediately notify the applicant of the
suspension of such permit forthwith. Such suspension shall
become permanent unless appealed to the city council.
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Sec. 19.48. Appeals to city council.
Any applicant aggrieved by the decision of the chief of
police, either to deny the permit required or to suspend one
having previously been issued, may appeal such decision to the
city council in accordance with the provisions of this chapter.
The city council shall be the final determining body as to
whether such application should be granted or, in the
alternative, whether the suspension of an existing permit shall
be rescinded or whether the permit shall be revoked.
H. Existing Code sections 21A.10 and 21A.11 shall become
sections 19.49 and 19.50, respectively, of said Article III of
Chapter 19, and the word "chapter" in each section is amended to
read "article."
I. Existing Code section 21A.12 shall become section 19.51
of said Article III of Chapter 19 and is amended to read as follows:
Sec. 19.51. Individual permits.
Individuals soliciting contributions for a philanthropic or
religious purpose as set forth in this article are not required
to obtain individual permits from the city or apply for the
same so long as they solely solicit for philanthropic or
charitable contributions upon behalf of an applicant who has
received a valid permit pursuant to this article, but such
individuals shall comply with the provisions of California
Business and Professions Code section 17510.3.
J. Existing Code section 21A.13 shall become section 19.52
of said Article III of Chapter 19, and the cross-reference therein
to "section 21A.4" is amended to read "section 19.43".
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1 K. Existing Code sections 21A.14 through 21A.16 shall
2 become sections 19.53 through 19.55, respectively, of said Article
3 III of Chapter 19, and the word "chapter" in Sections 19.53 and
4 19.54 is amended to read "article."
5 L. Existing Code section 21A.17 shall become Section 19.56
6 of said Article III of Chapter 19, and is amended to read as
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8 Sec. 19.56. Solicitation by telephone.
9 No person shall use or cause to be used a telephone to
10 accomplish any of the acts set forth in sections 19.41 and
11 19.42 without first complying with the provisions of Article
12 1.4 of Chapter 1 of Part 3 of Division 7 ( commencing with
13 section 17511) of the California Business and Professions Code.
14 M. Existing Code sections 21A.18 and 21A.19 shall become
15 sections 19.57 and 19.58, respectively, of said Article III of
16 Chapter 19, and the word "chapter" in each section is amended to
17 read "article."
18 N. Existing section 21A.20 in the Code of the City of
19 Vernon was not printed in full. It is corrected to conform to the
20 provisions of Ordinance No. 790, section 20, is renumbered to
21 section 19.59 of said Article III of Chapter 19, and the word
22 "chapter" ("ordinance" in the original) therein is amended to read
23 "article," as follows:
24 Sec. 19.59. Exemptions.
25 The following solicitations for contributions by
26 philanthropic or religious organizations shall be deemed exempt
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1 (a) Solicitation by box or receptacle in an established
2 place of business within the City of Vernon with the written
3 consent of the owner or occupant of said premises.
4 (b) Vending machines wherein all or a portion of the
5 receipts therefrom are received by charitable groups who have
6 been determined to be non-profit corporations or organizations
7 for a period in excess of five (5) years prior to the placing
8 of such vending machines in any location within the City of
9 Vernon.
10 (c) The solicitation of philanthropic or religious
11 contributions, or the promotion of any bazaar, sale, or
12 exhibition or other act of appeal to the public for a charity
13 made by members of any religious or charitable organization
14 which has been in existence in and which regularly has
15 maintained headquarters or a place of worship in the City of
16 Vernon for a period of at least five (5) years next preceding
17 the date on which such activity shall be begun.
18 o. Existing Code section 21A.21 shall become section 19.60
19 of said Article III of Chapter 19, and the word "chapter" therein is
20 amended to read "article."
21 SECTION 5: Renumberinq Shall Not Change Code Provisions.
22 The renumbering of any article or section of the Code of
23 the City of Vernon shall not constitute a change in its intent or
24 purpose, and it shall have the same effect and enforceability as if
25 it had never been renumbered. Any code section numbers not used
26 shall be reserved for future use.
27 SECTION 6: Any ordinance, part of an ordinance, or code
28 section in conflict with this ordinance is hereby repealed.
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SECTION 7: If any section, subsection, sentence, clause,
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or phrase or word of this ordinance is for any reason held to be
void or unconstitutional, such decision shall not affect the
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validity of the remaining portions of this ordinance; it being the
intention of the city Council of the City of Vernon to adopt and
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pass this ordinance and each section, subsection, sentence, clause
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or phrase thereof irrespective of the fact that one or more of the
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sections, subsections, clauses, sentences or phrases thereof may be
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declared void or unconstitutional.
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SECTION 8: There being no newspaper printed, published or
11 circulated in the City of Vernon, the City Clerk is hereby directed
12 to certify to the passage of this ordinance and shall post the same,
13 or cause the same to be posted, within fifteen (15) days after its
14 passage in accordance with section 36933 of the Government Code, in
15 three (3) of the most public places in the City of Vernon, to wit:
16 the northwest corner of 38th street and Santa Fe Avenue, the
17 northeast corner of Leonis Boulevard and Pacific Boulevard, and on
18 the bulletin board in the lobby of the City Hall of said city,
19 located at 4305 Santa Fe Avenue, all in the City of Vernon, County
20 of Los Angeles, State of California.
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This ordinance shall be in full force and
SECTION 9:
22 effect thirty (30) days from and after its passage of the same.
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APPROVED AND ADOPTED this -lL day of
, 1997.
June
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance
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No. 1051, was duly and regularly introduced at a regular meeting of
the city Council of the City of Vernon, held on Tuesday, June 3,
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1997, and thereafter finally adopted at a regular meeting of said
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City Council held on Tuesday,
, 1997, and thereafter was
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duly signed by the Mayor of the City of Vernon, by the following
vote:
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Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
AYES: 5
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Councilmen: None
NOES: 0
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Councilmen: None
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BRUCE V. MALKENHORST, C1ty Clerk
ABSENT: 0
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(SEAL)
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EXHIBIT A
Chapter 19. Permit Enforcement
Article I. In General
Sec. 19.1. Application.
Any person required to obtain a permit to engage in, conduct,
or carryon any business or activity pursuant to this chapter shall
file an application therefor in writing with the police department,
specifying the place where such business or activity is proposed to
be engaged in, conducted or carried on and such other information
as may be required. Such application shall be signed by the
applicant and shall contain the address of such applicant.
Sec. 19.2 compliance with laws prerequisite to issuance.
No permit to engage in, conduct or carryon any business or
activity pursuant to this chapter shall be granted to any person
who fails, refuses, or neglects to comply with the laws and
ordinances relating to and regulating the business or activity for
which such permit is sought.
Sec. 19.3. Revocation or suspension--Generally.
In the event that any person holding a permit to engage in,
conduct or carryon any business or acti vi ty pursuant to this
chapter shall violate any of the provisions of this chapter, or any
provision of any other ordinance of the city, or any law relating
to or regulating any such business, or shall conduct or carryon
any such business or activity in an unlawful manner, such permit
may be revoked by the city council in accordance with the
provisions of this chapter. Any such permit may be temporarily
suspended by the chief of police pending a hearing by the city
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council. Such temporary suspension shall become permanent unless
appealed by the permittee.
Sec. 19.4. same--Hearing required; notice of hearing.
No permit to engage in, conduct, or carryon any business or
acti vi ty pursuant to this chapter may be revoked by the ci ty
council until a hearing, upon written notice to the permittee,
shall have been held by the city council. written notice of such
hearing shall be served upon the permittee either by personal
delivery thereof to the person to be notified, or by depositing the
notice in the United states mail, in a sealed envelope, postage
prepaid, addressed to such person to be notified, at the address
given in the appeal or at the last-known business or residential
address, as the same appears from the records pertaining to the
application for the permit to conduct the business. Service by
mail shall be deemed to have been completed five days after the
time of depositing the notice in the post office, and proof of
mailing such notice may be made by the certificate of any officer
or employee of the city or by affidavit of any person over the age
of eighteen years, which shows service in conformity with this
chapter.
Sec. 19.5. Same--Issuance of new permits after revocation.
If the permit of any person to engage in, conduct or carryon
any business or activity under the provisions of this chapter shall
be revoked, no permit shall be granted to such person to engage in,
conduct or carryon such business or activity within six months
after such revocation.
Sec. 19.6. Penalties for violation.
Any person violating any of the provisions of this chapter
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shall be guilty of a misdemeanor and upon conviction thereof shall
be punishable by a fine of not more than five hundred dollars or by
imprisonment in the county jail for a period of not more than six
months, or by both such fine and imprisonment.
Sec. 19.7 through Sec. 19.9 (Reserved)
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ~
CITY OF VERNON
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I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, do hereby certify that on the lst day of July
1997, there was posted three (3) copies of:
ORDINANCE NO. 1051 - An Ordinance of the City of Vernon
Amending and Renumbering Chapters 4A and 21A in the Code
of the City of Vernon, California, 1959, Relating to
Activities Which Require a Permit From the Police Depart-
ment and Repealing All Ordinance or Parts of Ordinances
in Conflict therewith.
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
ry'd/!O/JA A) f::-(O~
Gloria J. oro@
Chief Deputy City Clerk
Date: '7/'/'17
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Subscribed and sworn to before
me this \ ~;~ of ~ u.\" 1997
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Notary Public in and for the
County of Los Angeles, State
Of California
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