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HomeMy WebLinkAbout1460 . 1 .', S " I ~ . ~ 20 21 22 23 24 25 26 27 28 29 30 31 31ia ORDINANCE NO. ~.o . AN ORDINANCE REGULATING THE USE OF DEVICES, APPLIANCES, EQUIPMENT OR APPARATUS WHICH INTERFERES WITH RADIO BROADCASTING OR RECEP- TION; CREATING THE OFFICE OF RADIO INSPECTOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR THE PAYMENT OF A LICENSE TAX BY RADIO DEALERS; PRESCRIBING PENALTIES FOR~~IOLATION THEREOF; REPEALING ORDINANCE NO. /. (;) ; AND FOR OTHER PURPOSES. , ,I I . The Mayor and Common Council of the City of San Bernardino do or.ain as follows: 9 1. 11 12 13 SECTION ONE: That it shall be unlawful for any person, firm or corporation to operate in the City of San Bernardino any device, appliance, equipment, or apparatus generating or causing radio frequency oscillations, or radiations which interfere 14 i I with radio reception or wireless reception, except that a person duly licensed to practice medicine, osteopathy, chiropractic or dentistry by the State of California in the course 115 18 I of practice of his profession, may operate, or cause to be 17 18 operated under his direct supervision, any machine necessary to give treatment, providing however, that all reasonable methods of preventing interference with radio broadcast receiving 19 apparatus or wireless receiving apparatus have been applied. SECTION TWO: That this Ordinance shall not apply to radio stations, either broadcast, commercial or amateur, licensed by the Federal Government, or which are engaged in interstate communication, or to public utilities under the supervision of the State Railway Commission. SECTION THREE: That there is hereby created the office u:ncla;3s~ ficd of radio inspector, the holder of which shall be in the ~X~~~IrI~a service and be known as "Radio Inspector", and who shall receive a salary of $155.00 per month, and the additional sum of $25.00 per month to defray the cost of his transportation while engaged in the performance of his duties, as herein prescribed. ,.. 1. " 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 5 6 7 SECTION FOUR: That the Radio Inspector shall issue all permits, give all notices, and make all inspections prescribed by the provisions of this Ordinance, and for the purpose of making inspections as herein provided shall constitute a Peace Officer of said city. SECTION FIVE: That it shall be the duty of the Radio Inspector to enforce the provisions of this Ordinance, and make all inspections necessary to determine or locate the existence or use of any device,e~uipment, apparatus or appliances operated in violation of the provisions hereof. SECTION SIX: When an inspection and test shall have been made by the Radio Ins~eQtOr , and it is found that any device, equipment, apparatus or appliances coming within the terms of this Ordinance, is being operated in violation of this Ordinance, the owner or the operator of such device, equipment, apparatus or appliance, shall be notified to discontinue the use of such device, equipment, apparatus,or appliance, or to make additions,repairs or modifications thereof in order that the same may be operated in a manner which complies with the provisions of this Ordinance. Said notice may be served personally on the owner or operator aforesaid, or affixed to the device, equipment, apparatus or appliance, which notice shall contain a statement that the particular device, equipment, apparatus or appliance, describing its location, has been condemned by the Radio Inspector. In the event that the owner or operator of such device, equipment, appliance or appa.atu" does not, within forty-eight (48) hours after service of notice to repair or discontinue the use of such device, equipment, apparatus or appliance, either entirely discontinue the use thereof, or repair the same, or attach silencing device thereto, so that it complies with the provisions of this Ordinance, such owner, person in possession or operator shall be deemed to be operating such machine, device, appliance or apparatus in violatio of the provisions hereof. 8 I 2. .~'t 4 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 215 26 27 28 29 30 31 32 1 2 SECTION SEVEN: That it shall be unlawful, without a permit so to do, as herein provided, to install, erect or :5 replace any aerial wires, or any device of any character whatever used or designed for receiving radio waves, or radio broadcasts, or any antennae, or ground wires, or other device used or intended for use in connection with the reception of radio Waves, or radio broadcasts, or any towers, wires or other device designed for transmitting radio waves or radio broadcasts within said City. That upon application t~er,efc:r" and ,the Jla~ent by the applicant ana f1.1',y ce"t~ ($,1.;)0) , of a fee of one dollarLithe Radio Inspector shall issue a permit to the applicant authorizing the installation, erection or replacing, at the location therein specified, of aerial wires, antennae, ground wires, towers, or other devices designed for use in connection with the maintenance of radio receiving sets, or the purpose of receiving or transmitting radio waves or radio broadcasts, in accordance with such application; prOVided, that at the completion of any work authorized by such permit, the permittee shall give notice to the Radio Inspector of the completion thereof, and the Radio Inspector shall thereupon wi tho t charge inspect the work performed for the purpose of determining whether the use thereof will endanger the publiC health or public safety, or interfere with radio or wireless reception, or otherwise violate the provisions hereof; and provided, further, that all work performed pursuant to such permit shall be performed to the satisfaction of the Radio Inspector, and the determination of the Radio Inspector that work performed thereund r will endanger public health or public safety, or the use thereof will interfere with radio or wireless reception, or otherwise violate the provisions hereof, shall be conclusive. That any person, firm or corporation that shall within said City sell or offer for sale, or repair or offer to repair, radio receiving sets, ,. 3. " 27 28 29 30 31 32 1 2 3 4 5 ~Ml.wUi'~~1\~~~L~GoQin~e~, shall constitute a radio dealer. 8 SECTION EIGHT: That it shall be unlawful for any person, either as principal, or as agent, clerk or employee of another, or as an officer or agent of any corporation, or other- wise, to commence, or carryon, or engage in the business of a radio dealer within said City without having first procured a license, and paid the license tax, as herein prescribed. That every radio dealer shall obtain a license as provided by Ordinance No. 763, entitled:"An ordinance providing for the licensing of business, shows, exhibition and games conduct d or carried on in the City of San Bernardino, fixing the rate of license th~for and providing for collection thereof", passed Marc 1st, 1920, and approved March 2nd, 1920, and all ordinances amenda ory thereof, and annually pay an aggregate license tax computed as follows: 7 8 9 10 11 12 13 14 15 To the amount of the annual license tax ~rescribed by said Ordinance No. 763, shall be added the sum of $50.00, which aggregate sum shall constitute the aggregate license tax for the calendar year, or any portion thereof, in the event only a portion of the calendar year shall remain at the time of the' issuance of such license; provided, that the total annual aggregate license tax to be paid for any license issued to any radio dealer for any calendar year, or any portion of any calendar year, shall constitu e the total annual license tax for such calendar year, or any portio thereof, save and except that in the event such radio dealer shall have paid the annual aggregate license tax herein provided, and shall have engaged in business as such subsequent to the 1st day 0 February of the calendar year in which such tax was paid, the annul aggregate license tax of such dealer for the calendar year next ensuing shall bear the same proportion to the annual aggregate license tax as the period of time during which he so engaged in business bears to the whole calendar year; and provided, further, that the annual aggregate license tax of every radio dealer shall be due and payable on the 1st day of January of each calendar year and in the event of nonpayment thereof within thirty days thereaft r, there shall be added thereto a penalty of ten percent thereof, and for each subsequent thirty days deminquency in the payment thereof there shall be added an additional penalty of ten percent thereof. SECTION NINE: That it is hereby determined that the installation and maintenance of radio reception apparatus and radio broadcasting apparatus within said City, in violation of the provisions hereof, constitutes a menace to public peace, public health and public safety, and interferes with the free use and enjoyment of radio reception and radio broadcasting, and that the expense of the detection and elimination of violations of the provisions hereof should in part be borne by radio dealers within said City, and that the additional sum of $50.00 payable by every radio dealer pursuant to the provisions hereof in computing the annual aggregate license tax of such radio dealer, is necessary in order to provide in part for the cost of the detection and elimina ion of the violations of the provisions hereof. 18 17 18 19 20 21 22 23 24 25 28 That this ordinance shall not be deemed to repealsaid Ordinance No. 763, or any portion thereof, the intent and purpose f this adinance being to amplify said ordinance No. 763, to the exte t that every radio dealer shall pay one annual aggregate license tax to be compted as herein provided. ~ That the Radio Inspector shall be appointed by the Mayor with the approval of the Common Council, and ~hall hold office at the pleasure of the Mayor~ ~ ~. _ SECTION TEN: That Ordinance No. /'~~/? entitlea.: "An Ordinance regulating the use of devices 4. ' , " 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32. 1 2 3 4 5 appliances, equipment, or apparatus which interferes with radio broadcasting reception, and providing penalties for violation thereof", passed February /r.r.zt. 1930, and approved February /o~ 1930, be and the same is hereby repealed. SECTION ELEVEN: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a 6 misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment in the City Jail for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION TWELVE: The City Clerk shall certify to the passage of this Ordinance, and shall cause the same to be published for three consecutive days in the San Bernardino Daily Sun, a daily newspaper printed and published in said City. I hereby certify that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof held on the~~ ~ day of March, 1931, AYE NOES: ABSENT: The foregoing rdinance is hereby approved this day of March, 1931. f San Bernardino. ,. 5. "