HomeMy WebLinkAboutORD 845ORD 845 Ü h£Ÿjì Ó # ORDINANCE NO. 845
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
CERTAIN SECTIONS OF THE BALDWIN
PARK MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That Section 1100 of the Baldwin Park Municipal Code
is hereby amended to read as follows:
1100. GENERAL PENALTY.
a) Any person violating any of the provisions or
failing to ccmply with any of the mandatory requirements of
this Code, or any ordinance of the City, shall be guilty of a
misdemeanor, unless the violation is made an infraction.
b) Except in cases where a different punishment is
lawfully prescribed, any person convicted of a misdemeanor
for violation of this Code, or any ordinance of the City, is
punishable by a fine of not more than five hundred dollars,
or by imprisonment not to exceed six nonths, or by both
such fine and imprisonment.
c) Any person convicted of an infraction for
violation of this Code, or of any ordinance of the City,
is punishable by 1) a fine not exceeding fifty dollars
for a first violation; 2) a fine not exceeding one hundred
dollars for a second violation of the same within one year;
3) a fine not exceeding two hundred-fifty dollars for each
additional violation of the same within one year.
d) A separate offense shall exist for each and
every day during any portion of which violation of any
provisions of this Code, or any of the ordinances of the
City, is ccnrnitted, continued or permitted by any person."
SECTION 2. That subsection 1102 a) of the Baldwin Park Municipal
Code is hereby amended to read as follows:
a) Any officer arresting any person for a
violation of any provision of this Code, who does not
iinmsdiately take such arrested person before a magistrate,
as prescribed in the Penal Code of the State of California,
shall prepare a written Notice to Appear in Court. The
Notice shall contain:
1) the name and address of the person
arrested;
2) the offense charged, the time and place
of such alleged violation; and
3) where and when such arrested person shall
appear in Court.
The time specified in the Notice to Appear must be
at least ten 10) days after such arrest, unless waived by
the arrestee. The place specified in the Notice to Appear,
and said Notice, shall be in conformity with all applicable
provisions of the Penal Code of the State of California."
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SECTION 3. That subsection 2001 b) of the Baldwin Park Municipal
Code is hereby amended to read as follows:
b) In odd-numbered years at the second regular
meeting held pursuant to the provisions of the Elections
Code of the State of California, conducted during the
month of April; or"
SECTION 4. That subsection 2302 i) is hereby renumbered to
2302 k) and that new subsections 2302 i) and j) are added to read as
follows:
i) Administer the City's Workers' Ccanpensation
Program, taking all steps reasonably necessary to ensure
the pronpt, expeditious, and fair handling and processing
of all claims fixed by officers and employees of the City
with respect to Workers' Conpensation benefits."
j) Establish rules and regulations, including
appropriate forms/ for processing claims of employees of
the City with regard to Wbrkers' Conpensation benefits."
SECTION 5. That Section 2305 of the Baldwin Park Municipal Code
is hereby amended to read as follows:
2305. ABSENCE OF CITY MANAGER. During such times
as the City Manager is temporarily absent fron the City, the
City Manager shall appoint a qualified employee of the City
as Acting City Manager."
SECTION 6. That subsections 2501 b) d) and e) of the Baldwin
Park Municipal Code are hereby amended to read as follows:
Subnission of Budget to City Council. Not less
than thirty 30) days prior to the ccannencement of each fiscal
year, the City Manager shall transmit copies of the proposed
budget, and his budget message, to the City Council. In
addition, three 3) copies of the proposed budget, and the
City Manager's budget message, shall be on file in the Office
of the City Clerk, available for examination by members of
the general public."
Approval of Budget. Such approval shall take
place prior to the ccmmencement of the fiscal year to which
such budget relates. Upon its adoption by a majority vote
of a quorum of the City Council, the budget shall be in
effect for the ensuing fiscal year. The budget as approved
shall be filed with the City Clerk, shall be reproduced and
copies made available for the use of the public and of
departments, officers and agencies of the City."
e) Amendment of Budget. At any meeting after
adoption of the budget, the City Council may amend or
supplement the budget, by a majority vote of a quorum of
the City Council."
SECTION 7. That Sections 2806 and 2807 of the Baldwin Park
Municipal Code are hereby amended to read as follows:
2806. FORMAL CONTRACT PROCEDURE. Except as
otherwise provided herein, purchases and contracts for
supplies and equipment of an estimated value greater than
$5,000 which do not constitute a public project as defined
by Section 37901 of the Government Code, shall be by written
contract with the lowest responsible bidder pursuant to the
procedure prescribed herein,"
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2807. OPEN MARKET PROCEDURE. Purchases of supplies
and equipment of an estimated value in the amount of $5,000
or less may be made by the Purchasing Officer in the open
market without observing the procedure described by Section
2806 hereof. The open market procedure to be utilized
pursuant to this Section shall be set forth in administrative
regulation approved by the City Council."
SECTION 8. That subsection 3000(2) of the Baldwin Park Municipal
Code is hereby amended to read as follows:
2) Health Officer or County Health Officer shall be
the Health Officer of the City."
SECTION 9. That subsection 3132 b) of the Baldwin Park Municipal
Code is amended to read as follows:
b) The Director of Conmunity Services shall
ascertain and determine the locations where such signals
are required by field investigation, traffic counts and
other information as may be pertinent, and his determin-
ations therefrcm shall be made in accordance with those
traffic engineering and safety standards and instructions
set forth in the California Planning Manual Part 8,
Traffic, issued by the State of California Department of
Transportation."
SECTION 10. That Section 3134 of the Baldwin Park Municipal
Code is hereby amended to read as follows:
3134. DISTINCTIVE ROADWAY MARKINGS. The Director
of Conmunity Services is authorized to place and maintain
distinctive roadway markings as described in the Vehicle
Code on those streets or parts of streets where the volume
of traffic or the vertical or other curvature of the
roadway renders it hazardous to drive on the left side of
such markings or signs and markings. Such markings or
signs and markings shall have the same effect as s-unilar
markings placed by the State Department of Transportation
pursuant to provisions of the Vehicle Code."
SECTION 11. That subsection 3500 j) of the Baldwin Park Municipal
Code is hereby amended to read as follows:
j) Beautification Projects shall mean any area
improved, landscaped, or maintained by the Department of
Ccmnunity Services."
SECTION 12. That Section 3506 of the Baldwin Park Municipal Code
is hereby amended to read as follows:
3506. REMOVAL OF TREES. Whenever the owner of a
lot desires to have a tree removed frcm. an abutting parkway,
he shall file a written request therefore for approval by
the Director of Conmunity Services. If the tree is found
to be in good condition and the request is granted solely
for the convenience of the applicant, then the full cost,
including overhead, of such removal and replanting as
necessary, shall be borne by the person making such request
and the estimated amount, as determined by the Director of
Comnunity Services, shall be paid to the Director of
Administrative Services before reanoval shall take place."
SECTION 13. That subsections 3700 e), g) and h) of the Baldwin
Park Municipal Code are hereby amended to read as follows:
e) Conmission shall mean the Human Services
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Ccmrnission of the City."
g) Department shall mean the Human Services
Department of the City."
Director shall mean the Director of Human
Services, his deputy, or other persons authorized by him
to act in his stead."
SECTION 14. That subsections 4160(a), 4160(e), 4160 g), 4160(i) /
4160 j) and 4160 n) of the Baldwin Park Municipal Code are hereby amended
to read as follows:
a) It is a misdemeanor for any person to receive
or pay a profit, wage, or salary frcm any bingo game
authorized by Section 19 of Article IV of the State
Constitution. Security personnel employed by the organization
conducting the bingo game may be paid frcm revenues of bingo
games as provided in subdivision i)
e) An organization authorized to conduct bingo
games pursuant to this section shall conduct a bingo game
only on property owned or leased by it, or property whose
use is donated to the organization, and which property is
used by such organization for an office or for performance
of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require
that the property owned or leased by or whose use is donated
to the organization be used or leased exclusively by or
donated exclusively to such organization."
g) A bingo game shall be operated and staffed
only by members of the authorized organization which
organized it. Such members shall not receive a profit,
wage, or salary fron any bingo games. Only the organization
authorized to conduct a bingo game shall operate such game,
or participate in the prcmotion, supervision, or any other
phase of such game. This subdivision does not preclude the
employment of security personnel who are not members of
the authorized organization conducting the
game."
i) With respect to organizations exempt frcm
payment of the Bank and Corporation Tax by Section 23701d
of the Revenue and Taxation Code, all profits derived
fron a bingo game shall be kept in a special fund or
account and shall not be ccraningled with any other fund
or account. Such profits shall be used only for charitable
purposes. With respect to other organizations authorized
to conduct bingo games pursuant to this section, all proceeds
derived frcm a bingo game shall be kept in a special fund
or account and shall not be ccmmingled with any other fund
or account. Proceeds are the receipts of bingo games conducted
by organizations not exempt frcm payment of the Bank and
Corporation Tax by Section 23701d of the Revenue and Taxation
Code. Such proceeds shall be used for charitable purposes,
except as follows:
1) such proceeds may be used for prizes;
2) a portion of such proceeds, not to exceed
20 percent of the proceeds before the deduction for prizes,
or one thousand dollars $1,000) per month, whichever is
less, may be used for rental of property, overhead,
including the purchase of bingo equipment, administrative
expenses, security equiprient, and security personnel; and
3) such proceeds may be used to pay license
fees.
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j) Any organization conducting a bingo gains
pursuant to the provisions of this Section shall obtain
frcm the City a license permitting the licensee to conduct
a bingo game, said license shall specify the date on which
and the place at which said game shall be conducted; a
separate license shall be obtained and a fee not to exceed
$50 annually for initial license or renewal shall be set
by resolution of the City Council; the applicant shall
furnish the City with such information as is reasonably
necessary to carry out the purposes of this Section and as
more specifically set forth in an application which shall
be promulgated by the City Manager of the City/ which shall
be responsible for the issuance of said license; if an
application for a license is denied, one-half of any license
fee paid shall be refunded to the organization; any violation
of any of the provisions of this Section shall constitute
grounds for the revocation of a license to conduct a bingo
game and may further constitute grounds for the denial to
the applicant or licensee of any future license to conduct
additional bingo games within the City."
n) As used in this Section bingo" means a game
of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which conform to
numbers or symbols selected at randcm. SQtwithstanding
Section 330c of the Penal Code, as used in this Section,
the game of bingo shall include cards having numbers or
symbols which are concealed and preprinted in a manner
providing for distribution of prizes. The winning cards
shall not be known prior to the game by any person parti-
cipating in the playing or operation of the bingo game.
All such preprinted cards shall bear the legend, for
sale or use only in a bingo game authorized under California
law and pursuant to local ordinance'. It is the intention
of the City Council that bingo as defined in this subdivision
applies exclusively to this Section and shall not be applied
in the construction or enforcement of any other provision
of law."
SECTION 15. That subsection 5203 f) is hereby added to the
Baldwin Park Municipal Code to read as follows;
f) To any deed, instrument, or writing to a
beneficiary or mortgagee, which is taken frcm the mortgagor
or trustor as a result of or in lieu of foreclosure; pro-
vided, that such tax shall apply to the extent that the
consideration exceeds the unpaid debt, including accrued
interest and cost of foreclosure. Consideration, unpaid
debt amount and identification of grantee as beneficiary
or mortgagee shall be noted on said deed, instrument or
writing or stated in an affidavit or declaration under
penalty or perjury for tax purposes,"
SECTION 16. That Section 7101, Part One, Section 1.3 of the
Baldwin Park Municipal Code is hereby amended to read as follows:
1.3 Department Having Jurisdiction. Unless
otherwise provided for by law, the office of the Administra-
tive Authority shall be a division of the Department of
Ccmmunity Services."
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SECTION 17. That subsection 7302 b) of the Baldwin Park Municipal
Code is hereby amended to read as follows:
b) Section 1.1 shall read: Unless otherwise
provided for by law the office of the Administrative
Authority shall be part of the Ccnxnunity Services Depart-
ment."
SECTION 18- That Director of Public Works" is hereby amended
to read Director of Ccmmunity Services" in each of the following Sections
of the Baldwin Park Municipal Code:
3011(c), 3055(e), 3100(b), 3500(a), 3901(d),
6001, 6006, 6008, 6009, 6030, 6031(b), 6300(b), 6400(a),
6432, 6433(a), 6433(d), 6433(g), 6434, 6435, 6436, 6437,
6438, 6501(c), 6502(a), 6550, 6551, 6552, 6554, 6610(a),
6610 b), 6610(c), 6611, 6612, 6615 d), 6705(a), 7002(a),
7005(2), 7005(3), 7006, 7602, 7607.
SECTION 19. That City Traffic Engineer" is hereby amended to
read Director of Connunity Services" in each of the following sections
of the Baldwin Park Municipal Code:
3130(a), 3130(b), 3130(c), 3132(a), 3132(c),
3133, 3135, 3136, 3140, 3142, 3144, 3150, 3160, 3180,
3180(a), 3180(c), 3192, 3198, 3200, 3202(a), 3210, 3211,
3212, 3213(c), 3215, 3216, 3220(a), 3221(a), 3221(a)(4L
3226(a), 3241.
SECTION 20. That Director" is hereby amended to read Director
of Conmunity Services" in each of the following Sections of the Baldwin
Park Municipal Code:
3271, 3501, 3502, 6400(b), 6400(b)(6),
6400(d), 6400(e), 6400(f), 6400(g), 6400(h), 6400(i),
6400(j), 6400(j)(2), 6400(1), 6400(m), 6422(a), 6422(b),
7007, 7603.
SECTION 21. That Director of Conmunity Development" is amended
to read Director of Ccmnunity Services" in each of the following Sections
of the Baldwin Park Municipal Code:
2201(c)(2)b, 7609, 7610, 7700(e).
SECTION 22. That the following Sections of the Baldwin Park
Municipal Code are hereby repealed:
2803(d), 2460, 2461, 2504, 3100(a), 3100(d), 3110 through
3115 inclusive, 3119, 3131, 3141, 3143, 3145, 3151, 3161,
3162, 3171, 3173, 3175, 3178, 3193(b), 3203, 3230, 3300
through 3306 inclusive, 3508, 3604, 3606, 3700 b)/ 3700(c)/
3700(d), 3700(f), 3720(g)/ 6005, 7700(b), 7700(c)/ 7700(d).
SECTION 23. That the City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be published in the manner
prescribed by law.
PASSED and APPROVED this 1st day of/December 1982.
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ORD 845 Ü h£Ÿjì Ó # Ordinance No. 845
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 845 was regularly
introduced and placed upon its first reading at a regular meeting of the
City Council on the 17th day of November, 1982. That, thereafter, said
Ordinance was duly passed and approved at a regular meeting of the City
Council on the 1st day of December^ 1982, by the following vote:
AYES: COUNCIIMEN McNeill, Aguilar, Izell aad Mayor White
NOES: COUNCIIMEN_____None
ABSENT: COUNCIIMEN Kin^
GMR, CITY CLERK
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