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Ordinance 411 I I I I I r ORDINANCE NO. if / / I I AN ORDINANCE PROHIBITING THE MAINTENANCE OF GASOLINE AND OILI FILLING STATIONS WITHIN A CERTAIN ZONE SPECIFICALLY DESCRIBED . I AND SET FORTH IN THIS ORDIN~rCE, PROHIBITING THE USE OF SIDEWALKS I POR VEHICLE PURPOSES WITHIN SAID ZONE, AND FURTHER PROHIBITD~G THE ALTERING OR CHANGING OF SIDEWALK AND/OR CURB GRADES WITHIN II Ii Ii Ii II Ii II Ii II Ii II II Ii II I. I I i I Ii Ii II II II II II I' ,I I' ,I I' Ii II " 'I II II be be construed to mean any firm, individual, association, co- il ,I I I II Ii " I' II II 'I !I 'I I, :1 II SAID ZONE, AND IMPOSING P~~ALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDIN~JCE. THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO OR- DAIN AS FOLLOWS:- Section 1. A gasoline and oil filling station as the term is used herein, shall be understood to mean a place of business conducted at a specific street address or location, devoted generally to the sale of gasolines, oils, lubricating oils and other hydro-carbon substances and/or where automobiles are ser- viced. Section 2. The word "person" as used in this ordinance shal partnership, or corporation, or the operator for or the agent of any such person who maintains or conducts a gasoline and oil filling station within a certain zone as defined in this ordinanc . Section 3. It shall be unlawful for any person, individual ,',. .fA ) ~I / 47rt firm, copartnership, corporation, association, or other organiz- ation or any combination thereof, to engage in or carryon, or act in the business of maintaining or conducting a gasoline and oil filling station within the City of Gilroy, within the certain zone specifically set forth and described in Section 6 hereof. Section 4. It shall be unlawful for any person, individual, firm, copartnership, corporation, association, or other organiz- ation or any combination thereof, to use the sidewalk for vehicle purposes within the zone set forth and described in Section 6 hereof. Section 5. It shall be unlawful for any person, indiVidual, firm, copartnership, corporation, association, or other organiz- and described in Section 6 hereof. ation or any combination thereof, to alter and/or change the gradel of any sidewalk and/or curb within the certain zone set forth I I I i I I I I I i I I I I I I I Section 6. The "zone" as mentioned and set forth in- this ordinance shall be and is that portion and part of the City of Gilroy, as follows, to-wit: "Monterey street lying south of Lewis Street and north of Sixth Street." Section 7. Any person who shall maintain, carryon, or con- duct a "gasoline and oil filling station" in the City of Gilroy, in the zone as herein set forth, and/or who uses the sidewalk for vehicle purposes and/or who changes and/or alters the grade of any! sidewalk and/or curb within the zone as set forth herein and/or who violates any of the provisions of this ordinance, shall be -2-- II II II II deemed guilty of a misdemeanor and shall be punishable by a fine Ii II of One Hundred (~plOO .00) ?ollars, or by imprisonment in the Oi ty II II Prison for a period not to exceed thirty (30) days, or byboth such n I I I I I 11 II of any of the provisions hereof, the same shall be considered as 11 II Ii separate and distinct offenses. II I: ,I il Ii II Ii or phrase of this ordinance is for any reason held to be unconsti- Ii tu tional, such decisions shall not affect the validity of ~he :1 II remaining portions of this ordinance. The Common Council hereby I II declares that it would have passed this ordinance, and each sectio , Ii 11 sub-section, sentence, clause, and phrase thereof, irrespective II of the fact that anyone or more other sections, sub-sections, II sentences, clauses or phrases be declared unconstitutional. 'I Ii Ii II r as they conflict with this ordinance, are hereby repealed to the I extent of such conflict. ,I II ,I il force from and after the date of its passage and approval. H I, II III d II il 11 II II I: Ii I, Ii II II II I 11 q I, Ii 1.1 Attest.: . e Ii /~j~(Ji ,I bl. /~ II Cit~lerk. II Ii fine and imprisonment. Each day or fraction thereof any person, II firm, association or corporation shall be engaged in the violation Section 8. If any section, sub-section, sentence, clause Section 9. All ordinances or parts or ordinances, in so far Section 10. This ordinance shall take effect and be in lit ADOPTED AND PASSED this 1/ day of April, A. D. 1935, by the following vote: AYES, _Oouncilmen JjlL{/.. (I, ~~J,/ 0, ~~ l ~'~'I ~ ~~J cru,ct ~ - (jLUJ C lILlJJ--9-0 (f'L1 Councilmen 9l fN-.~ ABSENT: Councilmen f}.}J - 6?~ NOES: A.p.)pr~' n .eLL 'J!:~ - - - Mayor 1 -3-