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Ordinance 403 ., I II \J'" , ,.)~-" I .\l/~. II 't~~~~~/ ~~ I I I II II II AN ORDINANCE PROHIBITING TIm MAINTENANCE OF FUNERAL ESTABLISH- II MENTS WITHIN THE CITY OF GILROY, EXCEPTING WITHIN A CERTAIN ZONE II SPECIFICALLY DESCRIBED AND SET FORTH IN THIS ORDINANCE AND IM- Ii POSING PENALTIES FOR THE VIOLATION 0]<' THE PROVISIONS OF SAID I II ORDINANCE · II II ,I II THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO ORDAIN I' II I' I II II I, ! herein, shall be understood to mean a place of business conducted I at a speeifie street address or loeation devoted exelusively to II I II the care and preparation for burial or transportation of human dead bodies and consisting of (a) a chapel wherein funeral il II services may be conducted, (b) a preparation room equipped with [I tile or cement floor, necessary drainage and ventilation, and il II containing necessary instruments and supplies for the preparation !I and embalming of human dead bodies for burial or transportation, !I , ; and (c) a display room containing a stock of funeral caskets and II shipping ease s . Ii :1 :! !! shall be construed to mean any individual, association, partner- Ii II ship, or corporation, or the operator 'for or the agent of any Ii il such person who maintains or conducts a funeral establishment as Ii !j !I defined in this ordinance. " H Ii Ii Ii SECTION 3. It shall be unlawful for any person, firm, co- li I! parternship, corporation, aSSOCiation, or other organization, or !I !l II ,I 'I II II II , II I , t') i\ ~ d \ ' 1\ Y03, o R DIN A N C E --------- N o. -------------------- AS FOLLOWS: SECTION 1. A "funeral establishment" as the term is used SECTION 2. The word "person" as used in this ordinance 'lLlt) II I ~r ~ any combination of any thereof, to engage in or carryon, or act, in the business of conducting a funeral establishment within the City of Gilroy, except such funeral establishment be conducted and carried on within the certain zone specifically set forth II and described in Section 4 hereof. I I i II set forth" shall only be carried on and conducted within the il II following described zones, in the said City of Gilroy, to-wit: 1I II I. :1 II II II I I I I I ! of Eigelberry street; I II On Lewis, Martin, Sixth and Old Gilroy Streets between II Monterey street and the Westerly boundary of Railroad street. II SECTION 5. Any person who shall maintain, carryon, or i conduct a "funeral establishment" in the City of Gilroy, except I, in the zones as herein set forth" and/or who violates any of II II the provisions of this ordinance, shall be deemed guilty of a Ii misdemeanor and shall be punishable by a fine of One Hundred II ($100.00) Dollars, or by imprisonment in the City Prison for a period not to exceed thirty (30) days, or by both such fine and SECTION 4. A funeral establishment, as herein defined and I On Eig1eberry Street between Third and Fourth Streets. Cffi:1'M.'tfftt"e~ ;:$~)et.v t ~v (:;' (~ :'"1 ("i 5 JJ. f~\-'(9 C r'-':~lr~(,'y' :~:br.1ee~. On First, Second, Third, Fourth, Fifth, Sixth, Seventh and '"On "i. J..<;)iJ(Jl'I'V' Streot bf)'l';';TO(')'D SO'lren 8,nd 'f.~:trr,hthkStr''?~ L~ Eigth St;~ets b~tween Monterey Street and the Easterly boundary I I I I I, impri sonment . II I' I I I I I Each day or fraction thereof any person, firm, association or corporation shall be engaged in such business in violation hereof shall be considered as separate and distinct I offenses. I I I I, II II " iI II I, II II II SECTION 6. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be uncon- .. stitutiona1, such decisions shall not affect the validity of the -2- .. remaining portions of this ordinance. The Common Council hereby declares that it would have passed this ordinance, and each section, sub-section, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more other sections, sub-sections, sentences, clauses or phrases be declared uncon- stitutiona1. SECTION 7. All ordinances or parts of ordinances, in so far as they conflict with this ordinance, are hereby repealed to the extent of such conflict. ADOPTED AND PASSED this ;?~~day of April, A. D. 1934, by the following vote: , AYES: Councilmen - fk. ~~rVcl ~ C l/t4 J:r. hu) ~, ~, J J~ (f.wlt, /)D,~, 4ho,t1lf~ NOES: Councilmen - J1 ~ Councilmen - It VYl.-L, ABSENT : Approved: r,~~ -/ r;r~10r . '-' Attest :- CJq{~;k. -3-