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ORDINANCE NO~ ,,;< ~c?.~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGUlATING THE
FLOW OF TRAFFIC IN AND FROM DRIVE-IN ESTABLISHMENTS;. PROHIBITING
LOUD MUSIC, .NOISES ORO'l'HER SOUNDS AND CERTAIN CONDUCT AND ACTS
tN, ON OR UPON THE PREMISES OF SAID ESTABLISHMENTS; AND REPEALING
ORDINANCE NO. 1661.. . .
WHEREAS, the Mayor and CODlllOn Council find and determine:
1. That large numbers of young persons are congregating
and loitering during the evening hours on or near the premises
of Drive-In Restaurants in the City of San Bernardino;
2. That such loitering is impeding the flow of vehicular
and pedestrian traffic on the streets and sidewalks adjoining
said Restaurants and is causing serious traffic congestion
on such adjoining streets;
3. That the conduct of some of such persons has been
such as to endanger the health. welfare and safety of the
Citizens of San Bernardino and those living in or near said
Restaurants;
4. That threats, altercations. loud noises and diso~d.rly
conduct by persons at or near said Restaurants have aggravated
the traffic congestion on the streets and sidewalks adjoining
said Restaurants;
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORMIN AS FOLLOWS:
SECTION ONE: For the purpose of this Ordinance, the
words I1Drive-In Establishment," hereinafter referred to as "Drive
In". are defined as follows: A Drive-In is a place of business
wherein beverages. foods or refreshments are served to patrons
for consumption on the premises at tables or stands in open or
unenclosed areas. or in any vehicle stopped. standing or parked
in or upon the premises of said Drive-In, or in or upon any
street, alley, land. parking area or grounds immediately adjacent
to said premises, or adjacent to or adjoining any street or
public right of way abutting said premises.
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SECTION TWO: Persons owning, operating, managing or
conducting a Drive-In shall place in conspicuous places at said
Drive-In at least four signs on which are written in legible
English, in letters at least two inches in height on contrasting
background, words or phrases requesting patrons to refrain from
any conduct and act prohibited by this Ordinance and by other
rules and regulations desired by the Drive-In.
SECTION THREE: It is unlawful at any time to create,
permit, or cause, or permit to be created or caused, any loud
music, noise or other sound, by means of phonograph, radio,
or other broadcasting apparatus or device, the sound output
of which exceeds at peak volume 75 decibels measured 20 feet
from the loud speaker or horn, or 70 decibels measured 75
feet from the loud speaker or horn, or by accelerating rapidly
the motor of any vehicle, or by causing the backfiring of the
motor of any vehicle, or by the honking of a horn, or by
spinning rapidly the wheels of a vehicle, or by the emission
of loud exhaust noises from a vehicle, in, upon or around any
premises used or occupied by a Drive-In in said City.
SECTION FOUR: Persons owning, operating, managing or
conducting a Drive-In shall place at suitable locations on the
premises, appropriate traffic control devices and signs, and
markings on the pavement, as approved by the City, directing
traffic entering and leaving the establishment, and shall
designate and mark parking spaces for the parking of vehicles
of patrons on the premises.
SECTION FIVE: No driver shall operate, stop, stand
or park his vehicle on any public street or right of way,
upon entering or leaving a Drive-In in a manner contrary to
any official traffic control device, sign or marking erected,
installed or maintained, on a temporary or permanent basis,
by the City pursuant to law.
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SECTION SIX: No person shall enter any Drive-In
2 in violation of Section 602(j) of the Penal Code of the State
3 of California.
4 SECTION SEVEN: Any person violating the provisions
5 of this Ordinance shall be guilty of a misdemeanor, and upon
6 conviction thereof shall be punished by a fine of not more than
7 $500.00 or by imprisonment in the City or County Jail for a
8 period not exceeding six months, or by both such fine and
9 imprisonment.
SECTION EIGHT: If any section, sub-section, sentence,
clause or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by the decision of any Court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the Ordinance. The
Common Council hereby declares that it would have passed this
Ordinance and each section, sub-section, sentence, clause and
phrase hereof, irrespective of the fact that anyone or more
of the sections, sub-sections, sentences, clauses or phrases
hereof be declared invalid or unconstitutional.
SECTION NINE: This Ordinance is an urgency law
necessary for the immediate preservation of the public peace,
health or safety and shall go into immediate effect after its
adoption, approval and publication. The facts constituting
such necessity are set forth in the Whereas Clauses preceding
Section ODe of this Ordinance.
SECTION TEN: Ordinance No. 1661 is hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by. the Mayor and Common Council of the City of San
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Bernardino 1 a ./?1-tj}dA./ meeting thereof, held
on the t [, day 0 ;;)~j)/ ' 1964, by the
iollowing vote, to wit:
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AYES:
NOES:
ABSENT:
Ii
7 day
I hereby approve the oregoing Ordinance this
~)I11t ' 1964.
~
of
Approved as to form:
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JUL?
JAC.~ 'K .' Fi<;i.1."JN, CIty Clerk
~'e((lcrd '.
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