HomeMy WebLinkAboutORD NO 393ORDINA~CE NO. 3~ NEW SERIES
AN ORDINANCE PROHIBITING THE POSSESSIONS' 'DISPLAY
OR OFFER FOR PLAY OF ANY VE~DING MACHINE OR
ANICAL DEVICE OTHER THAN THOSE DELiVERiNG A
SPECIFIC ART,'CLE OR QUANTITY OF MERCHANDISE FOR
A SPECIFIC PRICE, WITH OR WITHOUT CHIPS, CHECKS,
SLUGS OR OTHER REPRESENTATIVE OF VALUE OF A UNI-
FORM AND EVEN NUMBER OF VALUE.~ PROVIDING FOR CON-
FISCATION THEREOF, PROVIDING A PENALTY FOR THE
VIOLATION THEREOF, REPEALING ORDINANCE NO.
NEW SERIES OF THE CITY OF BAKERSFIELD AND ALL
OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
as follows:
SECTION 1.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFiELD,
It shall be unlawful for any person, firm or corpora-
tion to possess, use, operate, maintain, display or offer for
play thereon in any territory in the City of Bakersfield, any
vending machine or mechanical device which is designed, used or
intended for use in delivering anything other than a stated
article or quantity of merchandise which shall be delivered
uniformly at each play of such rending machine or mechanical
device; provided, however, that this section shall not apply
to vending machines or mechanical devices having more than one
compartment or slot delivering a stated article or quantity of
merchandise, uniformly from each sloot or compartment thereof,
where said slots or compartments operate independent of each
other.
SECTION ~
Any person, firm or corporation, their agents or assigns
or lawful representatives, keeping, placing, maintaining or operat-
ing or allowing or permitting said above-mentioned machines or mech-
anical devices to be placed, kept, maintained or operated contrary
herebo ~hall be deemed guilty of a separate offense for every day
during any portion of which any violation of any provision of this
ordinance is committed or permitted and shall be punishable as here-
under contained.
SECTION 3.
It shall be the duty of the Chief of Police and each and
every police officer of said City to use all legal means in .detect-
ing and convicting persons of violating any of the provisions of
this ordinance and to exercise the right of search by the law of
this state and to seize and safely keep all of said machines or
mechanical devices found being kept, maintained or operated in
violation of any provision of this ordinance, and to produce the
same in court, and to retain them until the final decision of
any case in which said machines or mechanical devices may be
required as evidence, and said machines shall be destroyed by
the order of the Court, after proof having been made that they
were kept, maintained or operated contrary to any of the provisions
of this ordinance.
SECTION 4.
Any person, firm, or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdem-
eanor, and upon conviction thereof shall be punished by a fine
of not less than ten ($10.00) dollars or more than. three hundred
($300.00), or by imprisonment in the County Jail of Kern County
not less than ten (10) days or more than ninety (90.) days, or by
both such fine and imprisonment.
SECTION 6.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section and subsection thereof,
irrespective of the fact that any one or more of the section~ sub-
sections, sentences, clauses or phrases be declared unconstitutional
or invalid.
SECTION 8.
Ordinance No. 311 New Ssries of the City of Bakersfield,
and all other ordinances or parts of ordinances in conflict herewith
· . . ,.-
are hereby expressly repealed.
..... o0o .....
I HEREBY C~TIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield,
at a regular meeting thereof held on the ~L day of November,
1932, by the following vote:
Clerk Cl~'E~'of 'the
City ~~ran~
Council of the City of Bakersfield.
APPROVED this ~_ day of November, 1932.
MAYOR of the City of Bakersfield.