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586Affidavit of Publication In the Superior Court of the County of Orange State of California Plaintiff vs. l I Defendant STATE OF CALIFORNIA, County of Orange, i �J ..being first duly sworn, deposes and says: That at all times hereinafter mentioned, he was a citizen of the United States, over the age of eighteen years, and a resident of said county, and was at and during all said times the printer, publisher and proprietor of the Anaheim Gazette, a newspaper of general circulation, print ed and published weekly in the City of Anaheim, in said County of Orange, State of Calffornia; that said Anaheim Gazette is and was at all times herein mentioned, a newspaper of general circulation and is published for the dis- semination of local and telegraphic news and intelligence of a general char- acter, having a bona fide subscription list of paying subscribers; that at all said times said newspaper had been established, printed and published in the said City of Anaheim, in said County and State at regular intervals for more than one year preceding the first publication of the notice herein mention- ed; that the .... .............. ........... of which the annexed is a printed copy, was published and printed in said newspaper at least .......................... • • ........... / .. , times, /..times, commencing on ik day of .. ...1\2.,.., and dingo the . • ... • • . y of �. .19.,both d7ys Inc usive, and as often during said tide as said newspaper was)regularly issued; that is to say, on the following dates, to -wit: A" .................... _e .......................................... ORDINANCE NO. 586 AN ORDINANCE OF THE CITY OF ANAHEIM FOR SAFEGUARDING LIFE AND PROPERTY BY PRO- HIBITING THE SALE AT RETAIL, THE DISPOSAL OF BY GIFTS OR AS PREMIUMS, AND THE LOAN- ING OR RENTING OUT FOR USE; OF CERTAIN ELECTRICAL MA- TERIALS, DEVICES, APPLIANCES AND EQUIPMENT UNLESS AP- PROVED FOR RETAIL SALE,IN- STALLATION AND USE; PRO- tiIDING FOR THE APPROVAL OF SUCH ELECTRICAL MATER- IALS, DEVICES, APPLIANCES AND EQUIPMENT IF THE SAME 41S xalKaD ISaAl 1,P1 -------- gtutrl jo 2a►l doga gtuu'l axoga fuiadS 2unoX ----------- SgjH auciad SISU011 jod 2unox auinual) spuno.1 9 gslu'edS SNOINo s3zaav sZaV1ff9 SUBSCRIBED AND SWORN to before me this__ ------ day of -------- "��.��.-- . tart' PUDIIe�In and$or . nt ............. . Y. Californis. t P10 `ri �G10 ssaa T}daax ,xa oa ag} $ `xe} liaen :1 '}uauz pasodo. •aslad. of}eaoda :dna 30 mous 'at T }e p, "I pi uagm aaa,q ogm pualaj I do pore qS -uzig `2ula� `eq,eux ' ua T9L9 auogz 'f Su OIQIi91Q1 •aa}uaO •cts,w Lit (snoeul Buiag }gg} •uol}aasui q ang }unoa) , S -Q - ►g.} Isumsy 3g4 Aq paxc State of California ens. 7. 1 .. ......being first duly all times hereinafter mentioned, he was the age of eighteen years, and a resident ig all said times the printer, publisher and a newspaper of general circulation, print V of Anaheim, in said County of Orange, ;im Gazette is and was at all times herein circulation and is published for the dis- news and intelligence of a general char- Dn list of paying subscribers; that at all i established, printed and published in the ty and State at regular intervals for more publication of the notice herein mention- ... ..................................... ...........................of which the blished and ,printed in said newspaper at .......... / ... times, commencing on #its ................1 2..., and din�ncouslve, n the 192 ..,both d ys i aid newspaper was 'regularly issued; that -wit: 01 .................................... IBSCRIBED AND SWORN to !fore me this ____�i` -- ------ do ---' ==-------1 l ORDINANCE NO. 586 AN ORDINANCE OF THE CITY OF ANAHEIM FOR SAFEGUARDING} LIFE AND PROPERTY BY PRO- HIBITING THE SALE AT RETAIL, THE DISPOSAL OF BY GIFTS OR AS PREMIUMS, AND THE LOAN- ING OR RENTING OUT FOR USE; OF CERTAIN ELECTRICAL MA- TERIALS, DEVICES, APPLIANCES AND EQUIPMENT UNLESS AP- PROVED FOR RETAIL SALE, IN- STALLATION AND USE; PRO- VIDING FOR THE APPROVAL OF SUCH ELECTRICAL MATER- IALS, DEVICES, APPLIANCES AND EQUIPMENT IF THE SAME ARE FOUND TO BE IN CONFORM- ITY WITH. THE LAW AND WITH APPROVED METHODS OF CON- STRUCTION FOR SAFETY TO LIFE AND PROPERTY; PROVID- ING THAT THE MAKER'S NAME TRADEMARK OR OTHER IDENTI- FICATION SYMBOL SHALL BE PLACED THEREON, TOGETHER WITH APPROPRIATE RATINGS, NECESSARY TO DETERMINE THE USE FOR WHICH INTENDED, AND THAT SAME SHALL NOT BE RE - NOTED, ALTERED, CHANGED OR DEFACED; PROVIDING PENAL- TIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEAL- ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT WITH THE PROVISIONS OF THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. Definition. The term "sale at retail," wherever used in this ordinance, shall mean any sale direct to the ultimate user or consumer irre- spective of whether the sale is made at a wholesale or retail place of busi- ness, and irrespective of whether the principal business of the seller is sell- ing at wholesale or at retail. Section 2. Scope. The provisions of this ordinance shall apply to the fol- lowing electrical materials, devices, appliances and equipment: a. All electrical materials, devices and equipment which are intended to be used in buildings as electric4l con- ductors or which may be necessary to make an electric wiring installation in a wilding in conformity with the ordin- es in force in the City of Anaheim, but not including any generating, trans- lpTining or converting device, except as hereinafter specified, nor any device for measuring or recording current, voltage or power. b. All lighting fixtures and portable lighting equipment intended for use in buildings. c. All incandescent, are, vapor and gas -tube lamps. d. All transformers operating at 100 volts or more between any two conduc- tors, and having a rated capacity not exceeding 150 watts. e. All electrically operated toys. f. All radio receiving sets. g. All electrically heated cooking equipment intended for domestic use mall adopt, and promulgate such rules, re cations • and specifications as may be n.e or useful in determining: conformity of electrical materials, de- vices, appliances and equipment, as specified in section 2, with approved methods of construction for safety , to life and property, and shall approve for retail,. sale,, installation and use in the City of Anaheim such electrical ma- terials devices, appliances and equip- ment, and only such, as are found to be In conformity with the Lam -R with approved methods of construction for , safety to life and property. Conforn ity of electrical materials, devices, ap pliances and equipment with the stand- ards of Underwriters' Laboratories, Inc., as approved by the American Stand- ards Association, and with other safety standards approved by the American Standards Association, shall be prima facie evidence that such electrical ma- terials, devices., appliances and equip- ment comply with .approved methods of construction for safety to life and prop- erty. The City Council shall prepare or% designate a list of electrical materials, devices, appliances and equipment that are approved for retail sale, installation and use in the City of Anaheim,' and a copy of such list shall be kept on file in the office of the City Clerk and shall ,be accessible for public reference dur- ing the regular office hours, Section 6. Provisional Approval. The City Council is hereby authorized and empowered to grant provisional ap- proval for the retail sale, installation and use of any electrical material, de- vice, appliance or equipment which has been submitted to it for approval, and which, in its judgment, is reasonably safe, but has not yet been finally ap- proved because no applicable rules, regulations and specifications have been made, adopted and promulg8ted in ac- cordance with Section 5 of this ordin- ance, or because, in the opinion of the City Council, further examination or experience is necessary or desirable be- fore making the #incl decision as to approval. Provisional approval shall continue in force only for such time as is necessary to definitely determine whether the material, device, appliance or equipment complies with approved methods of construction for safety to life and property. Any individual articles of material, devices, appliances or equipment which have been sold at retail under provisional approval shall thereafter be considered as approved for installation.,, and use, even though the provisional approval shall have been withdrawn, and no final approval of the particular type of material, de- vice, appliance or equipment shall have been granted. Section 7. Liability for Damages. This ordinance shall not be construed to relieve from or to lessen the respon- sibility or liability of any party owning, operating, controlling or installing any electric materials, devicee, appliances or equipment for damages to -persons or property caused -by any defect therein, nor shall the City of Anaheim be held as assuming any such liability by rea- son of the approval of any material, device, appliance or equipment author- ized herein. Section 8. Penalty. Any person, firm or corporation, or any partner, officer, agent or emplof ee thereof, vio- Gilman Cook. And I further AugUat, 1834. IN WITNESS hereunto set my ha seal of the City of - day of August, 1934; (SEAL) CHAR City Cly City of i Publication E the County of Orange ,alifornia z. and all other electrically heated appli- ances in individual capacities not ex- ceeding 10,000 watts. h. All other electrical appliances and equipment intended for domestic use. i. All electrically illuminated signs. All portable motion picture pro- jectors. Section 3. Approval Required. Every person, firm or corporation, before sell- ing, offering for sale, or exposing for sale, at retail, or before the disposing of by gift, as premiums, or in any similar manner, or before the loaning or renting out for use of, any electrical material, device, appliance or equip- ment specified in Section 2, shall first determine if such electrical material, device, appliance or equipment com- plies with the provisions of this or- dinance, and is approved for retail sale, installation and use in the City of Ana- heim; and it shall be unlawful for any person, firm or corporation, or any partner, officer, agent or employee thereof, to sell, offer for sale, or expose for sale, at retail, or to dispose of by gift, as a premium, or in any similar manner, or to loan or rent out for use, any such electrical material, device or equipment which is not approved for retail sale, installation and use in the City of Anaheim, or which does not comply with all other provisions of this ordinance. Section 4. Nameplate Markings. All electrical materials, devices, appliances and equipment specified in Section 2 which are sold, offered for sale or ex- posed for sale, at retail, or disposed of by gift, as premiums or in any similar manner or loaned or rented out for use, shall have the maker's name, trade- mark or other identification symbol ,placed thereon, together with such other markings giving voltage, current, wattage or other appropriate ratings as may be necessary to determine the character of the material, device, appli- ance or equipment, and the use for which it is intended; and it shall be un- lawful for any person, firm or corpora- tion to remove, alter, change or deface the maker's name, trademark or other identification symbol, or any of the necessary rating markings required by ORDINANCE NO, 586 AN ORDINANCE OF THE CITY OF ANAHEIM FOR SAFEGUARDING LIFE AND PROPERTY BY PRO' HIBITING THE SALE AT RETAIL, THE DISPOSAL OF BY GIFTS OR AS PREMIUMS, AND THE LOAN- ING OR RENTING OUT FOR USE; OF CERTAIN ELECTRICAL MA- TERIALS, DEVICES, APPLIANCES AND EQUIPMENT UNLESS AP- PROVED FOR RETAIL SALE, IN - 1 m.iT_�minTi AND USE; PRO lating any of the provisions of this ordinance shall be guilty of a mis- demeanor, and, upon conviction thereof, shall be punished by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment in the city jail for a period of .not more than ninety (90) ` days, or by both such fine and im- ' prisonment. Section 9. Validity. If any section, sub -section, sentence, clause or phrase 4 of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the re- maining portions Of thie ordinance. The. City Council of the City of Anaheim hereby declares that it would have passed this ordinance, and .eaeh section, sub -section, sentence, clause, or phrase thereof, irrespective of the Pact that any one or more sections, sub -sections, sentences, clauses or phrases be declar- ed unconstitutional, j Section 10. . Repeal of Conflicting Ordinances. All ordinances or parts of ordinances conflicting with the pro- visions of this ordinance are hereby, I *repealed. ,Section 11. Date to Take Effect. The I City Clerkshall cause: this ordinance to be published once in the Anaheim Gazette, a weekly newspaper published and circulated in the City of Anaheim, and it shall take <effect ninety (90) days after the date of .its final passage. 'The foregoing ordinance is approved and signed by me this 29th day of August, 1984. this ordinance. Section 5. Approval by City Council. The electrical inspector of the City of Anaheim is hereby authorized and em- powered to enforce all of the provisions of this ordinance, and the City Council shall adopt and promulgate such rules, regulations and specifications as may be n.�+,-�ry or useful in determining, conformity of electrical materials, de- vices, appliances and equipment, as specified in section 2, with approved methods of construction for safety,to life and property, and shall approve for retail sale, installation and use in the City of Anaheim such electrical ma- terials, devices, appliances and equip- ment, and only such. as are found to be, in conformity with trac"> with approved methods of construction .,r safety to life and property. Conforn ity of electrical materials, devices, ap pliances and equipment with the stand- . I ards of Underwriters' Laboratories, Inc., CHAS. H. MANN, Mayor of the City of ;Anaheim. Attest: CHARLES. E. GRIFFITH, City Clerk of the City of Anaheim. STATE OF CALIFORNIA, ) COUNTY OF ORANGE, (ss. CITY OF ANAHEIM. ) I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council. of, the Cityr of Anaheim held on the 14th day of August, 1934, and that the same -was .passed and adopted at a regular meeting of said City _Council. held on the 29th _ day of August, 1834, by the following vote: AYES: Councilmen Mann, Yungbluth, Martenet: Jr.,, Sheridan. DOES: Councilmen None. ABSENT AND_ NOT VOTING: Coun- cilman Cook. And I further certify that the Mayor lot the 'C� � ,. approved and signed said ordinance on the 29th day of August, 1934. IN WITNESS WAEROF, I have ,hereunto set my hand ,and,afilxed the seal of the City of Anaheim. this 29th day of August, 1934. (SEAL)• CIT 4R 8 ,E, GRIFFITH, City Clark of the City ofrAnaheim. ORDINANCE NO. 586 AN ORDINANCE OF THE CITY OF ANAHEIM FOR SAFEGUARDING LIFE AND PRO- PERTY BY PROHIBITIivG THE SALE AT RETAIL, THE DISPOSAL OF BY GIFT OR AS PRE !,IU7h,:S, AND THE LOANING OR R �?TING OUT FOR USE, OF CERTAIN ELECTRICAL MATERIALS) DEVICES, APPLIANCES AND EQUIPMENT UNLESS AP- PROVED FOR RETAIL SALE, INSTALLNTION AND USE; PROVIDING FOR THE AP- PROVAL OF SUCH ELECTRICAL i2.AT -RI ALS, DEVICES, APPLIANCES AND EQUIP- MENT IF THE SAME ARE FOUND TO -'::F IN CONFORM ITY ""'FITH THE LA� AND 'XITH APPROVED GETHODS OF CONSTRUCTION FOR SAFETY TO LIFE AND PROPERTY; PROVIDING THAT THE !!.,AKER' S NA"EE TRADE -SARK OR OTHER IDENTIFICATION SYMBOL SHALL BE PLACED THEREOY) TOGETHER ,.`rITH APPROPRIATE RATINGS, NECESSARY TO DETER :.I ,'E THE USE FOR ':'WHICH IIS?TENDED, AND THAT SA : E SHALL NOT BE REMOVED, ALTERED, CHANGED OR DEFACED; PROVIDING PENAL- TIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES IAT CONFLICT **7ITH THE PROVISIONS OF THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANAHEI:� DOES ORDAIN AS FOLLOWS: SECTION 1. Definition, The term "sale 4 retail," wherever used in this ordinance, shall raean any sale direct to the ultimate user or consumer irrespective of whether the sale is made at a whole- sale or retail place of business, and irrespective of whether the principal business of the seller is selling at Wholesale or at ro.,. tail. SECTION 2. Scope. The provisions of this ordinance shall apply to the following electrical materials, devices, appliances and equipment: (a) All electrical materials, devices and equipment which are intended to be used in buildings as electrical conductors or which may be necessary to make an electric wiring installation in a building in conformity with the ordinances in force in the City of Anaheim, but not including any generating, transforming or convert- ing device, except as hereinafter specified, nor any device for measuring or recording current, voltage or power. (b) All lighting fixtures and portable lighting equipment intended for use in buildings. (c) All incandescent, arc, vapor and gas -tube lamps. (d) All transformers operating at 100 volts or more between any two conductors, and having a rated capacity not exceeding 150 watts. (e) All electrically operated toys. (f) All radio receiving sets. (1) (g) All electrically heated cooking equipment intended for domestic use, and all other electrically heated appliances in in- dividual capacities not exceeding 10,000 watts. (h) All other electrical appliances and equipment intended for domestic use. (i) All electrically illuminated signs. (j) All portable motion picture projectors. Section 3. Approval Reciuired, Every person, firm or cor- poration, before selling, offering for sale, or exposing for sale, at retail, or before the disposing of by gift, as premiums, or in any similar manner, or before, the loaning or renting out for use of, any electrical material, device, appliance or equipment speci- fied in Section 2, shall first determine if such electrical material, device, appliance or equipment complies with the provisions of this ordinance, and is approved for retail sale, installation and use in the City of Anaheim; and it shall be unlawful for any person, firm or corporation, or any partner, officer, agent or employee thereof, to sell, offer for sale, or ex;-)ose for sale, at retail, or to dis- pose of by gift, as a prei:,iium, or in any similar manner, or to loan or rent out for use, any such electrical material, dovice or equip- ment which is not approved for retail sale, installation and use in the City of Anahei-m, or which does not comply with all other pro- visions of this ordinance. Section 4. Nameplate Markings. All electrical materials, devices, appliances and equipment specified in Section 2 which are sold, offered for sale or exposed for sale, at retail, or disposed of by gift, as premiums or in any similar manner or loaned or rent- ed out for use, shall have the maker's name, trademarks or other identification symbol placed thereon, together with such other mark- ings giving voltage, current, wattage or other appropriate ratings as may be necessary to determine the character of the material, de- vice, appliance or equipment, and the use for which it is intended; and it shall be unlawful for any person, firm or corporation to remove, alter, change or deface the maker's name, trademark or other (2) identification symbol, ox any of the necessary rating markings required by this ordinance, Section 5. Approval by Ci.ty Council. The electrical inspect- or of the City of Anaheim is hereby authorized and empowered to en- force all of the provisions of this ordinance, and the City Counoil shall adopt and promulgate such rules, regulations and specifications as moy be necessary or useful in determining conformity of electrical devices, appliances and equipment, as specified in Section 2, with approved methods of construction for safety to life and property, and shall approve for retail sale, installation and use in the City of Anaheim such electrical materials, devices, appliances and equip- ment, and only such, as are found to be in conformity with the law, and with approved methods of construction for safety to life and property. Conformity of electrical materials, devices, appliances and equipment with the standards of Underwriters' Laboratories, Inc., as approved by the American Standards Association, shall be pr1ma facie evidence that such electrical materials, devices, appliances and equipment coulply with approved methods of construction for safety to life and property. The City Council shall prepare or designate a list of electrical materials, devices, appliances and equipment that are approved for retail sale, installation and use in the City of Anaheim, and a copy of such list shall be KE!-r� on file in the office of the City Clerk and shall be accessible for public reference during the regular office hours. Section 6. Provisional Approval. The City Council is here- by authorized and empowered to grant provisional approval for the retail sale, installation and use of any electrical material, de- vice, appliance or equipment which has been submitted to it for approval, and which, in its judgmant, is reasonably safe, but has not yet been finally approved because no applicable rules, regu- lations and specifications have been made, adopted and promulgated in accordance with Section 5 of this ordinance, or because, in the opinion of the City Council, further examination or experience is necessary or desirable before making the final decision as to ap- proval. Provisional approval shall continue in force only for such time as is necessary to definitely determine whether the material, (3) device, appliance or equirm.ent co-1lp:.ies with approved methods of construction for safety to life and property. Any individual articles of material, devices.. a,,..D1i antes or equipment which have been sold at retail under. prov .sionc.l approval shall thereafter be considered as ap;croved for installation and use, even though the provisional approval shall have been withdrawn, and no final ap- proval of the particular type of material, device, appliance or equipment shall have been granted. Section 7. Liability for Damages. This ordinance shall not be construed to relieve from or to lessen the responsibility or liability of any party owning, operating, controlling or installing any electric materials, devices, appliances or equipment for damr- ages to persons or property caused by any defect therein, nor shall the City of Anaheim be held as assuming any such liability by rear - son of the approval of any material, device, appliance of equipment authorized herein. Section 8. Penalty. Any person, firm or corporatimn, or any partner, officer, agent or employee thereof,violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment in the city jail for a period of not more than ninety (90) days, or by both such fine and imprisonment. Section 9. Validity. If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Anaheim hereby declares that it would have passed this ordinance, and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional. Section 10. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. Section 11. Date to Take Effect. The City Clerk shall cause this ordinance to be published once in the Anaheim Gazette, a weekly (4) newspaper published and circulated in the City of Anaheim; and it shall take effect ninety (90) days after the date of its final passage. The foregoing ordinance is approved and signed by me this 29th day of August, 1934• CHAS. H. MANN, Mayor of the City of Anaheim. Attest: CHARLES E. GRIFFITH, City Clerk of the City of Anaheim. STATE OF CALIFORNIA, COUNTY OF ORANGE, SS. CITY OF ANAHEIM. I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anaheim held on the 14th day of August, 1934, and that the same was passed and ad- opted at a regular meeting of said City Council held on the 29th day of August, 1934, by the following vote: AYES: Councilmen Mann, )iungbluth, Hartenet Jr. , Sheridan. NOES: Councilmen None ABSENT AND NOT VOTING: Councilman Cook And I further certify that the Mayor of the City of Anaheim approv-ed and signed said ordinance on the 29th day of August,1934. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of August, 1934. SE L C(AALI�S dw �Z�/(SEAL) A GR�TH, y "Clerk of the City of Anaheim. (5)