Ordinance Number 1735
jury or.death at the hands of intoxicated persons.
SECTION 7. The City Clerk shall certify to the passage and adopt-
ion of this Ordinance by the City Council of the City of San Juan Cap-
istrano at a regular meeting held on the 24th day of April, 1961 and
shall cause the same to be published in the Coastling Dispatch within
fifteen days after its passage.
Passed, approved and adopted this 24th day of April, 1961.
Mayor of San Juan Capistrano
ATTEST:
City Clerk Pro Tem
State of California )
County of Orange )ss
City of San Juan Capistrano)
I, Ernest Thompson, City Clerk Pro Tempore of the City of San Juan
Capistrano, do hereby certify that the foregoing and attached Ordinance
was fi#ally passed, approved and adopted by the City Council of the City
of San Juan Capistrano at a regular meeting thereof held on the 24th day
of April, 1961.
AYES: Councilmen; Bathgate,.Cherkak,
Durnford, Olivares, Buchheim
NOES: Councilmen: None
ABSENT: Councilmen: None
(SEAL)
City Clerk Pro Tem
ORDINANCE NO.17
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
REQUIRING THE CAPPING OR COVERING OF ABANDONED
WENS AND PROVIDING PENALTIES FOR THE VIOLATION
AND THE URGENCY THEREOF.
The City Council of the City of San Juan Capistrano does ordain
as follows:
SECTION 1. As used in this Ordinance, unless the context other-
wise requires,
(a) "Person" keans any individual firm, co -partnership, joint
36
venture, association, social club, fraternal organization, corporation,
estate, trust, business trust, receiver, syndicate, city of any other
group or combination acting as a unit;
(b) "shall" is mandatory and "may" is permissive;
(c) the singular number shall include the plural, and the plural
the singular;
(d) an "abandoned" oil or water well shall include any such well
not actually and continuously used and any well, whether being
used or not the mouth or entrance of which is left open;
(e) "cistern", an artificial reservoir or tank or septic tank or
wells for storing water.
SECTION 2. A person who digs, drills, excavates, constructs, owns,
or controls any water well, oil well or cistern and abandons such well
or cistern, and a person who owns, posseses or controls any premises on
which an abandoned water well, oil well or cistern exists shall cap or
otherwise securely cover the mouth or entrance to the well or cistern.
The capping or cover.ingf shall be so constructed and installed as will
prevent iny human being from falling into the well or cistern or from
suffering any bodily injury through accident or inadvertence by reason
of the existence of the well or cistern.
SECTION 3. Whenever any person fails or refuses to perform any act
required by this Ordinance, the City may itself cap, cover or fill such
well. It is not necessary to follow the provisions of this section as
a condition precedent to any criminal prosecution. In the event it is
necessary for the City to cap, cover or fill such well, the charge for
such service shall be against the property owner on which such well is
located
SECTION 4. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance including but not limited to any exemption,
if for any reason held to be invalid or unconstitutional by the decision
of any•,court of competent jurisdection, such decision shall not effect
the validity of the remaining portion of thio Ordinance. The City Coun-
cil of San Juan Capistrano hereby declares that it would have adopted,
subsection, sentence, clause, phrase or portion thereof,_ irrespective
of the fact that any one or more sections, subsection, sentence, clause,
3T
phrases or portion be declared invalid or unconstitutional.
SECTION 5. .Violation of this Ordinance is a misdemeanor punishable
by a fine of not more than Five Hundred Dollars ($500.00) or by impriso-
nment in the County jail for a period of not more than six (6) months or
by both such fine and imprisonment. Each day during, any portion of wh-
ich any violation of any provision of this Ordinance is committed conti-
ued or permi-ted is a separate offense.
SECTION 6. Pursuant to the provision of Section 36937 of the Gove-
rnment Code of the State of California, this Ordinance shall take effect
immediately for the following reasons: 6
The city of San Juan Capistrano became duly incorporated on April
19, 1961 and is presently without any protective Ordinance of this type.
Recent acts and events show that death or serious injury may be caused
by the existence of uncapped, unfilled and abandoned wells of cistern
and open unprotected excavations. To prevent such danger in this City
it is imperative that this Ordinance.take effect immediately.
SECTION 7. The City Clerk shall certify to the passage and adopt-
ion of this Ordinance by the City .Council of the City of San Juan Capis-
trano at a regular meeting held on the 24th day of April, 1961 and shall
cause the same to be published in the Coastline Dispatch within fifteen
days after its passage.
Passed, approved and adopted this 24th day of April, 1961.
&/./ 1 /l3�ii.�RL,Is
Mayor of San Juan Capistrano
ATTEST:
City Clerk Pro Tem
State of California )
County of Orange )ss
City of San Juan Capistrano)
I, Ernest Thompson, City Clerk Pro Tempore of the City of San Juan
Capistrano, do hereby certify that the foregoing and attached Ordinance
was finally passed, approved and adopted by the City Council of the City
of San Juan Capistrano at a regular meeting thereof held on the 24th day
of April, 1961.
38
AYES: Councilmen: Bathgate, Chermak,
Durnford, Olivarea, Buchheim
NOES: Councilmen: None
ABSENT: Councilmen: None
(SEAL)
City Clerk Pro Tem
' ORDINANCE NO. 18
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
RELATIVE TO THE ASSESSMENT OF PROPERTY AND THE
COLLECTION OF TARES AND PROVIDING FOR PENALTIES
AND -,THE URGENCY THEREOF.
The City Council of the City of San Juan Capistrano does ordain
as follows:
SECTION 1. The duties of assessing property and collecting taxes,
provided by law to be performed by the assessor and tax collector of the
City shall be performed by the County Assessor and the County Tax Colle-
ctor.o£ the County of Orange, State of California, in accordance with
the provisions of Section 51500 to 51519, inclusive of the Government
Code of the State of California, for the fiscal year 1961-1962, and for
each succeeding year until this Ordinance is revoked.
SECTION 2. This ordinance is an emergency ordinance and a declar-
ation of the facts constituting the urgency are as follows:
Section 51502 of the Government Code requires that in order to tra-
nefer duties of the assessor and tax collector of a City, an Ordinance
so transferring said duties shall be files with the County Auditor; fur-
ther than the city is not in a position to assess or collect taxes and
if this function is not transferred to the county, the function of asse-
ssing and collecting taxes might be lost for one fiscal year.
The Q,ity Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of San Juan Capistrano at a
regular meeting held on the 24th day of April, 1961, and shall cause the
same to be published in the Coastline Dispatch within fifteen days after
its passage. -
Passed, approved and adopted this 24th day of April, 1961.
Mayor df San Juan .Capistrano