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9.
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
County of Orange,
-------------------- BEN ----R EMICK--- ------- --- ----- ----- ---- - - -- - ----- ......-
of the said County, being duly sworn, deposes
and says: THAT ._............he is and at all times here
mentioned was a citizen of the United States,
over the age of eighteen years, and that ----------------
he is not a party to, nor interested in the above
entitled matter, that ----------- - - - - -- he is the *
printer of the Newport-
Balboa Press, a newspaper of general circulation
printed and published in the City of Newport
Beach, County of Orange, and which newspaper
has been adjudged a newspaper of general cir-
culation by the Superior Court of the County
of .Orange, State of California, under date of
March 28, 1941, Case Number A 8693, that the
notice, of which the annexed is a printed copy,
has been published in each regular and entire
issue of said newspaper and not in any supple-
ment thereof on the following dates, to -wit:
it
all in the year 19 --- ,5}..
....................... ...............
;;" ....-... ............. ------------------------------------
*Printer, Foreman of the Printer or Principal
Clerk of the Printer.
Subscribed and Sworn to before me this ..................
19104__.
(SEAL) Notary Public in and for said County
and State.
My Commission Expires
..... .... -------------------------- November 16-- --- --- --- --
This space is for the County Clerk's Filing Stamp
Affidavit of Publication of
ORDINANCE NO. 718
Manager of the City of Nrwpm•t
AN ORDINANCE OF THE CITY
Beach on the basis of examination
OF NEWPORT BEACH RE-
to determine his qualifications and
PEALING SECTIONS 3105,
appointment shall continue during
3106, 8109, 3111, 3114, 3115,
good behavior and satisfactory
$116, 3117 and 8119 to $123 IN-
service; and he shall not be re-
CLUSIVE, OF THE MUNICI-
moved from office except for
PAL CODE, AND ADDING
cause after public trial. '
NEW SECTIONS 3119 to 3129
"The Chief of the Fire Depart -
1 N C I, U SJ V E, THERETO,
ment may detail such members of
ADOPTING THE 195$ EDI-
the Fire.Department as Inspectors
TION OF THE FIRE PREVEN-
as shall from time to time be ne-
TION CODE RECOMMENDED
cessary.
BY. THE NATIONAL BOARD
. "Section. 31$L: Definitions. Wher
OF FIRE UNDERWRITERS,
ever the word -"municipality' Is
PRESUIRING REGULATIONS
used in the Fine Prevention Code,
G O V Z R N I N G CONI11'1TONS
it shall 'be. held to mean the City
HA4ARDOUS TO LIFE AND
of Newport Beach. ": .'i'.
PROPERTY FROM FIRE AND
"Section $122. PrO,IhWos 01
EXPLOSION, AND LSTAB-
Storage of Flammable' tilds to
LISHING A BUREAU OF FIRE
Outside Above - 8round Tanks'
PREVENTION, AND PftOVH)-
The limits referred to in Section
ING OFFICERS THEREFOR,
15.201 of the Fire Prevention Code
AND DEFINING THEIR POW-
in which storage of fla.mrpahle Li.
ERS AND DUTIES.
quids in outaids abova • grounc
TJIe City Council of the City of
Newport Beach does hereby or-
dain, as follows;
SECTION 1: Sections 3105, 3106;
3109, 3111, 3114,h;3�1y� 3116.-3117
and 3119 to 3123,4sclusive,, of the
Municipal -Code a the,City;nf New-
port Beach are bereby. repealed.
SECTION 2: .Th4L.;there are
hereby added to the„, Municipal
Code of the City of N prt Beach
Sections 3119 to 31 4tiiiSlUaive, to
read as follows; :14
Section 3119. A�uptlgn', -' , re
�Preventloa Code, 't'fiere Is -0 —reby
adopted by the City COtlri "1 of
the City of Newport Beach,, for the
.purpose of prescribing regulations
goverrnng conditlons- la.xardous to
life and property fror7 fire or ex-
plosion, that certain Code known
as the Fife Prevention Code rec-
ommended by the National Board
of Fire Underwriters, . being par-
ticularly the 1953 Edition thereof,
and the whole thereof, specifical-
ly including Appendices A, B, C
and D thereto, save and except
such portions as are herein de-
leted, modified or anfended by
Section 3124 of this COtiei 6f which
Fire Prevention Code' likiee copies
have been and now are oii file in
the office of the City Clerk of the
City of Newport Beach, and the
same are hereby adopted and In-
corporated as fully as if set out at
length herein, and from the date
on which this Ordinance shall take
effect, the provisions thereof shall
be controlling within the limits of
the City of Newport Beach.
"Section 3120. Establishment
and Duties of Fire Prevention. The
Fire Prevention Code shall' be en-
forced by the Bureau of Fire Pre-
vention in the Fire Department of
the City of Newport Beach, which
Bureau is, hereby established and
which shall be operated under the
supervision of the Chief of the
Fire Department.
"The Fire Marshal in charge of
the Bureau of Fire Prevention
tanks Is prohibited, are hereby es-
tablished as the City Boundaries
of the City of Newport Beach. it
being the intention of this section
to prohibit, without exception. the
storage of flammable liquids in
outside above - ground tanks.
"The limits referred to in Sec-
tion 15.401 of the Fire Prevention
Code in which new bulk plants
for flammable liquids are prohib-
ited, are hereby established as the
City Boundaries of the City of
Newport Beach, -except as such
new bulk plants for flammable
liquids are allowed and provided
for by the Provisions of Article
IX of the Municipal Code, being
the Planning and Zoning Law of
the City of Newport Beach.
"Section 3123. Establishment of
Limits in which Bulk Storage of
Liquefied Petrolemn Gases Is to
be Restricted. The limits referred
to in Section 20.06a of the Fire
Prevention Code, in wbLkh bulk
storage of liquefied Y .. 61eum
gases is restricted are by es-
tablished as the City Lof the
City of Newport Beaplt `.¢a being
the intention of thn1, coon to
prohibit, witbotit.-exdeption, the
bulk storage of liquefier} petroleum
gas within the Citg?tPf: Newport
Beach. :''
Section 3124. Amendments
Made to the Fite Prevention Code.
The Fire Prevention Code,; is
amended and changed In the fol-
lowing respects: _ '-.-
"(a) Section 26.01; PiLragraph
b, is hereby amended to, faead-'as
follows:
"b. Location Restricted.,Nq`Per-
son shall kindle or mainth}D�.�}�y
bonfire or rubbish fire or:. Rwr-
ize any such fire.0 be k'4giled,er
maintained on= a",,priv land
unless (1) the.l.it.RRt less
than 25 feet, in A�truc�7t�ure
and adequate yyypvj Irde to
prevent fire fpDm Sailing to
within 25 feet of any structure, or
(2) the fire is contained in = an-
1�
i
Ll
s
PAGE 2 - ORD. No. 718
top, located safely not less than
five feet from any structure.
"Section 3125. Effect of State
Low. Whenever the provisions of
any law of the State of California
on any subject covered by the Fire
Prevention Code is more restrict -
ed than the provisions of said Fire
Prevention Code, the law of the
State of California shall prevail
and control and the provisions of
said Fire Prevention Code so re-
stricted by the law of the State of
California shall be subservient to
the law of the State of California.
"Section 3126. Modifications.
The Chief of the Bureau of Fire
Prevention shall have powee to
modify any of the provisions of
the Fire Prevention Code upon
application in writing by the own-
er or lessee, br his duly author-
ized agent. when there are prm-
tical difficuities.in the way of oar -
rying out the strict letter of the
code, provided that the spirit of
the code shall be observed, pub-
lic safety secured, and Substantial
justice done. The particulars of
such modification when granted or
allowed and the decision of the
Chief of the Bureau of Fire Pre-
vention thereon shall be entered
upon the records of the depart-
ment and a signed copy shall be
furnished the applicant.
"Section 3127. Appeals. When
ever the Chief of the Fire Depart•
ment shall disapprove an applica•
tion or refuse to grant a license or
permit .applied for, or when it is
claimed.that the provisions of the
code do, not -apply or 'that the
true .11dent, sand meaning of the
code have• „been misconstrued or
wrongly interpreted, the applicant
may appeal In writing from the
decision of the Chief of the Fire
Department to the City Council
of the City of Newport Beach
within 30 days from the date of
the decision of the appeal.
"Section 3128. New Materials,
processes or occupancies W hell
may require permits.. The City
Manager, the (411ef, of the Fire
Department. and the -Chief of the
Bureau of Fire Prevention . shall
act as a committee to determine
and specify, after giving; affected
persons an .opportunity, to be
heard, any new materials„ pro-
eesses or ooeupancies,, which, shall
require perl{iits, in addition to
those now .enumerated In said
code. The Chief of the Aureau of
Fire Prevention shall post such
list in a conspicuous place in his
office, and distribute copies there-
of to interested persons.
"Section 3129. Penalties. Any
person who shall violate any of
the provisions of the code hereby
adopted or fail, to comply there-
with, or who shall violate or fail
to comply with any. order made
thereunder, or who, shall build in
violation of any.detailed statement
of specifications or plans submit-
ted and approved thereunder, or
any certificate or permit issued
thereunder, and °from which no
appeal has been taken, or who
shall fail to- comply with such an
order as affirmed or modified by,
the City Council of the City of
Newport Beach or by a court of
competent jurisdiction, within the
time fixed herein, shall severally
for each and every such ,violation
and noncompliance respectively, be
guilty of a misdemeanor, punish-
able by a fine of not more than
$500.00 or by imprisonment for
not more than 180 days or by both .
such fine and imprisonment, The
imposition of one penalty for any
violation shall not excuse the vio-
lation or permit it to continue;
and all such persons shall be re-
quired to correct or. remedy such
violations pr defeetil within a rea-
sonable time; and,wJcen not other-
wise speotfied, eWh,ten days that
prohibited conditfona are main-
tained shall constitute a separate
offense.
"The application of the above
penalty shall not ba held do pre-
vent the enforced removal of pro-
hibited conditiona. "..
SECTION 3' -The City Council
of the City of Newport Beach
I hereby declares that.-should arty
(section, paragraph. sentence, or
word of this ordinance or of the
code hereby adopted be declared
for any reason to be invalid, it is
the intent of the City Council
that it would have passed all oth-
er portions of this ordinance in-
dependent of the eliminatioh here -
from of any such portion as may
be declared invalid.
SECTION 4: This .Ordinance
shall be published once in the
Newport - Balboa Press, a newspa-
per of general circulation, printed
and published in the City of New-
port Beach, and the same shall be
in full force and effect 30 days
after this publication.
The above and foregoing ordi.
nance was introduced at a regular
meeting, of the City Council of
the City of Newport Beach, held
on the 8th day of March, 1954; a
public hearing. pursuant to Sec-
tion 50022,3 of the Government
Code. was held on the 12th day of
April, 1954, Notice of said hear-
ing being published twice in the
Newport- Balboa Press, a newspa-
per of general circulation, within
the City of Newport Beach, once
on the 11th day of March, 1954,
and the second. time on the 18th
day of March, 1954; that on the
12th day of April, 1954 this ordi-
nance was pessed and adopted at
a regular meeting of the City
Council held on said day, by the
following vote, to -wit:
AYES, Councilmen:
Smith, Finch, Isbell, Ben-
nett. Miller.
NOES, Councilmen: ,
None
ABSENT: Councilmen;'
None
NORMAN MILLER,
0
Mayor i
ATTEST:
C. K. PRIEST,
City Clerk.
No. 1150 —Pub.: 4- 15 -54.
v "o
0
•
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, .......... -- C' - -K. -- Priest ------- - ---- - - - - - --
ISS.
City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing Ordinance
Y Y 9 9 - ----- ------------ - -- ----------------------------
No.. ----- 18 ..... ... .. ... . . .. ....was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the ..... 12th. ------- day, of -------------- April- --------------- ----------------- Iq.54
by the following vote:
AYES: COUNCILMEN...Smith--- Finchi Isbe111 Bennetti Miller
NOES: COUNC
ABSENT: COUNCILMEN ..... Nona ......... ...............
Dated this ---- 19th ........ day of
NB 130 - 500 -8/51
c
Apri 1 ...................... .......... ...................1 I9....
�ea�� ...............
City Clerk and Ex- Officio Clerk of the City Council,
City of Newport Beach, State of California