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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