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HomeMy WebLinkAbout372 - Petroleum, Oil, Gas and Other Hydrocarbon SubstancesORDINANCE NO. 374. AN ORDINANCE OF THE CITY OF NEWPORT BEACH. PRII- HIBITING THE BUSINESS OF DRILLING FOR. DEVELOPING PRODUCING, STORING AND REFINING PETROLEUM, OIL, GAS AND OTHER HYDRO- CARBON SUBSTANCES WITH- IN THE CORPORATE IXjjTS OF THE CITY OF NEWPORT BEACH, AND PRESCRIBING REGULATIONS AND RESTRIC. TIONS TO BE ENFORCED WITHIN SAID CITY RELATIVE TO THE BUSINESSES NOW'ES- TABLISHED IN SAID CITY FOR THE DRILLING FOR, DE- VF.LOPING. PRODUCING. STORING AND REFINING OF, PETROLEUM, 014 GAS AND OTHER HYDRO-CARDON SUB- STANCES; PROVIDING FOR THE ABATEMENT OF NUIS- ANCES AND PRESCRIBING PENALTIES FOR ALL VIOLA. TIONS OF THIS ORDINANCE. The City- Council of the City of Newport Beach do ordain as fol- lows: Section 1. It is hereby declared unlawful for any person, firm, co- partnership, corporation or asso elation of persons to erect oil drill - ingyderricks or oil drilling equip -' ment within the boundaries of the City of Newport Beach, or to drill for oil, petroleum, tar, gas or other hydro- carbon substances within the boundaries of the City of New- port Beach, or to build or estab- lish refineries for the purpose of refining petroleum, oil, gas, tar or other hydro- carbon substances�I within said city. .Section 2. Every person, co- partnership, firm, corporation or II association of persona who are at present conducting, carrying on, maintaining or engaged In any of the businesses designated in Sec- tion 1 of this Ordinance, shall con- duct the same so as to prevent fire ,hereby or therefrom, which may endanger, injure or desfrroy -t property of any person within the City of Newport licit h. Section 3. It is hereby declared) unlawful and the same shall con-{ stitute a misdemeanor for any per- son, firm, co- partnership, corpora- tion or association of persons who are at present conducting, main - tatting or engaging in the busi nesses enumerated In Section 1 hereof or any part thereof, within the City of Newport Beach, to al- low or permit any oil, petroleum, gas or other hydro-carbon sub. stances, or any waste, discharge or refuse matter produced thereby or any by- product therefrom, to flow, seep, or run upon the lands of another or upon, over or across any public highway, street, alley, Public water or other public place. Section 4. It shall be unlawful and constitute a misdemeanor for any person, firm, 'co-partnership, corporation or association of per -; fldogI conduct or cause _to be con- nag equipment upon any lands I Its provisions or of any act or ofthe businesses with- within the Clty oY Newport Beach, omission therein declared to be the y of Newport Beach here - without a watchman in constant I unlawful and to, constitute a mis- y ore enumerated, in each a man- charge and attendance, and the demeanor shall be punished by a -ner that the noise, smell, odor or leaving of any well, whether in .Pine not exceeding $250.00, or im- gas produced thereby obstructs operation or not, without a watch- prisonment for a period not ex- the free use and enjoyment by man in constant charge and attend- ceeding thirty days, or both suctr others of their property. ante, shall be anti constitute a fine and imprisonment in the dia- Section 5. IL shall be unlawful nuisance within the meaning of cretion of the court. In addition; and constitute a misdemeanor Yor I! this ordinance, which said nuisance to the foregoing penalties every any person, firm, co- partnership, I' may be abated. nuisance existing in violation of corporation or association of per -i Section 9. Ordinance No. 275 of 'this ordinance shall be at once sons to permit any of the busl -',,. the City of Newport Beach, and all abated. hereof enumerated in section a ordinances and parts of ordinances The above and foregoing Ordin- hereof, to become offensive s m the in conflict herewith. are hereby ex- ante shall be published once is senses or to permit the same to { pressly repealed. NEWPORT NEWS, a newspaper of interfere with the complete en- Section 10. IY any section, sub- general circulation printed, pub - joyment of life or property by section, sentence, clause or phrase llshed and circulated in the City business and every day that any each I of this Ordinance to hereafter for of Newport Beach, and shall take; matted is so conducted or pere: any reason held to be unconsti- effect and be in force thirty days) mined st be conducted, shall to tutional or un- enforceable, such de- from and after Its passage. and constitute a new and separate',: clslon shall not affect the validity I hereby certify that the above ,Loffease. I,of the remaining portions of this and foregoing Ordinance No. 372 Section 6. It is hereby declared i Ordinance. The City Council of was passed at a regular meeting of to be the duty of the police de-,1 the City of Newport Beach hereby the City Council of the City of 1 partment of the City of Newport declares that it would have pass- I Newport Beach, held on the 18th, Beach to enforce all the provisions ed this Ordinance, and each sec- I day, of November, 1929, by the lot- !of this ordinance, and it is further: tion, sentence, clause or phrase 'lowing vote, to -wit: declared to be the duty of the hereof, irrespective of the fact that AYES, COUNCILMEN: Hilmer, 'proper officers of said city of New- any one or more other sections, Claire, Ellsworth, Johnson. port- -Beach to refuse ,permits for i sub - sections, sentences, clauses or! NOES, COUNCILMEN: None. ,the doing of any of the matters or 1phrases be declared unconstitu- I ABSENT, COUNCILMEN: Wil- Ithings in this ordinance prohibited. tional or un- enforceable. liamson. Section 7. It shall be and 1s Seaton 11. Wherever the word", Attest: ALFRED SMITH, hereby declared that every day that "person", "firm ", "co-partnership", Clerk of the City oY any person. firm, co- partnership., ^corporation" or "association of Newport Beach. corporation or association of per, persons" are used In this ordin The above and foregoing Ordin-I sons, commits or attempts to tom- lance, the same shall be deemed to ante No. 372 having been passed,', mit any of the acts prohibited by include and shall include their' Is signed and approved by me this this ordinance, the ,,same shall be transferrees, successors and as- 18th day M November, 1929. and constitute a new and separate signs, MARCUS J. JOHNSON, offense. ! .Section 12. Every Mayor of the City of Section S. It is hereby declared person who shall be found guilty by a court of Newport Beach. unlawful and it shall constitute a competent jurisdiction of a misdemeanor to permit or allow a standing derrick or other oil drill- tlon of this ordinance or anny y f o of I, Alfred Smith, Clerk of the City of Newport Beach do here- by certify that the foregoing Ordinance No. 372 is a true and correct copy of an Ordinance passed by the City Council at a regular adjourned meeting held on the 18th day of November, 1929, and that same was print- ed and published according to law. CiV Clerk of Newport Beach