HomeMy WebLinkAboutORD FOR ADOPTION 02-05-90t 8 • •ti
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DATE: FEBRUARY 51 1990
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
ORDINANCE FOR ADOPTION NO. 1
2-5-90
Inter - Cora
SUBJECT: ORDINANCE NO. 1042 - ADOPTION OF UPDATED EDITION OF UNIFORM FIRE
CODE WITH LOCAL MODIFICATIONS
RECOMMENDATION:
M.O. - Ordinance No. 1042 have second reading by title only.
M.O. - Ordinance No. 1042 be passed and adopted (roll call vote).
L"CKGROUND:
The following Ordinance No. 1042 had first reading and introduction at
the January 15, 1990 City Council meeting:
ORDINANCE NO. 1042 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF THE
TUSTIN CITY CODE AND ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE
CODE STANDARDS, 1988 EDITIONS, WITH AMENDMENTS THERETO AND THE UNIFORM
FIRE CODE 1989 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS OF THE CITY
OF TUSTIN
Valerie Whiteman
Acting Chief Deputy City Clerk
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ORDINANCE NO. 1042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF
THE TUSTIN CITY CODE AND ADOPTING THE UNIFORM FIRE
CODE AND UNIFORM FIRE CODE STANDARDS, 1988 EDITIONS,
WITH AMENDMENTS THERETO AND THE UNIFORM FIRE CODE
1989 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS
OF THE CITY OF TUSTIN
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1: Part 3 of Chapter 1 of Article 5 of the Tustin City
Code is hereby repealed in its entirety, and a new Part 3,
Chapter 1, Article 5 is hereby added in its place thereof to
read as follows:
PART 3
5130 ADOPTION OF THE 1988 UNIFORM FIRE CODE
The Uniform Fire Code, 1988 Edition, as published by the
International Conference of Building Officials and Western
Fire Chiefs Association, including Appendices I through VI -A,
EXCLUDING APPENDIX II -E, the 1988 Uniform Fire Code Standards
and the 1989 Accumulative Supplements to the 1988 Uniform Fire
Code, copies of each of which certified to be true copies by
the city clerk, have been and now are on file in the office
of the City Clerk, and shall be at all times maintained by the
City Clerk for use and examination by the public, are hereby
adopted and incorporated as though fully set forth herein,
save and except portions as are hereinafter deleted, modified
or amended.
5131 ENFORCEMENT; INSPECTIONS
A. The Uniform Fire Code shall be enforced by the
Orange County Fire Department which shall be operated
under the supervision of the Chief -of the Orange County
Fire Department.
B. The Chief of the Fire Department may detail such
members of the Fire Department as Inspectors as shall be
necessary from time to time.
5132 VIOLATIONS
Any person who violates any of the provisions of this.
Part 3 of Chapter 1 of Article 5 shall be guilty of a
misdemeanor and each such person shall be deemed guilty of a
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Ordinance No. 1042
Page 2
separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this
Code is committed, continued or permitted. The application
of this penalty shall not be held to prevent the enforced
removal of prohibited conditions.
5133 AMENDMENTS
The 1988 Uniform Fire Code adopted by Section 5130 is
hereby amended as follows:
A. Section 2.303 of the Uniform Fire Code is hereby
amended to read as follows.
"Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit
applied for, or when it is claimed that the provisions
of the Code do not apply, or that the true intent and
meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision
of the Chief of the Fire Department, or the Chief of the
Bureau of Fire Prevention, to the City Council within ten
(10) days from the date of the decision being appealed.
A decision shall be considered as being appealed within
the ten (10) day period whenever a written "Notice
of Appeal" is filed with the City Clerk within ten (10)
days. Such Notice of Appeal shall specify:
(1) The substance and particulars of the decision
being appealed;
(2) The date of the decision; and
(3) Shall be signed by the Appellant or his duly
authorized agent, and indicate the mailing address
of Appellant.
Whenever a Notice of Appeal is filed, the City Clerk
shall set the matter for hearing at the earliest possible
regular meeting of the City Council and notify the Chief
of the Fire Department and the Appellant of the meeting
of the City Council during which the matter shall be
heard. The City Clerk shall give this notice to the
Chief of the Fire Department and to the Appellant at
least three (3) days prior to the time set for the
hearing. Notice shall be given to Appellant by mail to
the address shown on the "Notice of Appeal." All
decisions of the City Council shall be final."
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Ordinance No. 1042
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B. Section 9.129 is added to the Uniform Fire Code to read
as follows:
"1. Whenever the word "jurisdiction" is used in the
Uniform Fire Code, it shall mean the City of
Tustin.
2. Whenever the term "corporation counsel" is used in
the Uniform Fire Code, it shall mean the City
Attorney of the City of Tustin.
3. Whenever the words "Chief of the Bureau of Fire
Prevention" are used in the Uniform Fire Code, it
shall mean the Fire Marshal."
C. Section 10.206(a) of the Uniform Fire Code is hereby
amended to read as follows:
"(a) General. No person shall place or keep any
post,fence, vehicle, growth, trash, storage or other
material or thing near any fire hydrant, fire department
connection or fire protection system control valve that
would prevent such equipment or hydrant from being
immediately discernible or in any other manner deter or
hinder the fire department from gaining immediate access
to said equipment or hydrant. A minimum 3 foot clear
space shall be maintained around the circumference of the
fire hydrant except as otherwise required or approved by
the Chief. A violation of this section constitutes an
infraction."
D. Section 10.207(k) of the Uniform Fire Code is hereby
amended to read as follows:
"(k) Obstruction. The required width of any fire
apparatus access road or fire lane shall not be
obstructed in any manner, including parking of
vehicles.Minimum required widths and clearances
established under this section shall be maintained at all
times.
A violation of this section constitutes an infraction and
any vehicle parked or any object placed in violation of
this Section shall be subject to immediate removal and
storage pursuant to law.
E. Section 10.207 is hereby amended by adding subsections
(m) and (n) to read as follows:
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Ordinance No. 1042
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"(m) Fire lanes, accessways and roadways - parking
prohibited.
No person shall park any vehicle or place any object in
any fire lane, clearly designated as such by NO PARKING
signs and/or other appropriate notice, or park or place
any object, obstruction or vehicle in, on or across an
established or designated exit, driveway, alleyway or
access road, whether public or private, in such manner
as to hamper the movement of any emergency vehicles and
equipment in the event of fire or other emergency. This
prohibition applies to, but is not limited to, areas in
and about any church, hospital, assembly hall, lodge
hall, school, hotel, motel, condominium, apartment
building, theater, industrial complex, motion picture
theater, stadium, shopping center, restaurant, tent, or
other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane
or any of the aforementioned areas shall be subject to
citation for an infraction and/or immediate removal and
storage pursuant to law.
(n) The provisions of this Section may be enforced by
the Police Department of the City of Tustin and/or the
Orange County Fire Department."
F. Section 10.208(a) of the Uniform Fire Code is hereby
amended to read as follows:
"(a) General. Approved numbers or addresses shall be
placed on all new and existing buildings in such a
position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall
contrast with their background. Any commercial building
occupied by more than one business shall have numbers or
addresses placed on or immediately adjacent to all doors
that would allow fire department access in an emergency
situation.
Multiple dwelling units (i.e., apartments, condominiums,
townhouses, etc.) having entrance doors not visible from
the street or road shall have approved numbers grouped
for all dwellings within each structure and positioned
so as to be plainly visible from the street or road.
Said numbers may be grouped on the wall of the structure
or on a substantial mounting post independent of the
structure."
G. Section 10.301(a) of the Uniform Fire Code is hereby
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Ordinance No. 1042
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amended to read as follows:
"(a) Type Required. The chief shall designate the type
and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings of less than
3600 square feet in total floor area. This shall be done
according to the relative severity of probable fire,
including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable
class of fire associated with such building or premises
and shall have approval of the chief."
H. Section 10.305(b) of the Uniform Fire Code is hereby
amended to read as follows:
"(b) Approvals. All fire -extinguishing systems,
including automatic sprinkler systems, Classes I, II and
III combined standpipes, Halon systems and other special
automatic extinguishing systems, and basement pipe inlets
shall be approved and shall be subject to periodic tests
as may be required. A condition of approval of all Halon
systems shall be satisfactory passage of a full discharge
test utilizing an approved test gas, or other test
procedure as approved by the chief, prior to final
acceptance of the system. The location of all fire
department hose connections shall be approved by the
chief."
I. Section 10.306(b) of the Uniform Fire Code is hereby
amended by adding subsection 5.
115. In all new buildings or structures when the gross
square footage thereof exceeds 6,000 square feet
or more than two (2) stories -in height.
EXCEPTION: Open parking structures, B-3 occupancy.
For the purposes of this section, area separation walls
shall not define separate buildings."
J. Section 10.306(h) of the Uniform Fire Code is hereby
amended to read as follows:
" (h) Group R Occupancies.
1. An automatic sprinkler system shall be installed
throughout every apartment house three or more
stories in height or containing more than 15
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Page 6
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3 dwelling units, and every hotel three or more
4 stories in height or containing 20 or more guest
rooms. Residential or quick -response standard
5 sprinkler heads shall be used in the dwelling unit
and guest room portions of the building.
6 2. All other Group R Occupancies containing three or
7 more dwelling units or guest rooms, shall have an
approved modified automatic sprinkler system
8 installed.
9 For the purposes of this section, area separation
walls shall not define separate buildings."
10 K. Section 10.308 of the Uniform Fire Code is hereby amended
11 to modify subsection 2 to read as follows.
12 112. Sprinklers shall not be installed when the
application of water or flame and water to the
13 contents may constitute a serious life or fire
hazard. Other fire extinguishing systems compatible
14 with the hazardous materials being stored or used,
and approved by the chief shall be provided."
15 L. Section 10.309(b) of the Uniform Fire Code is hereby
16 amended to read as follows.
17 "b. Where Required. Standpipe systems shall be provided
as set forth in Table No. 10.309.
18 EXCEPTION: Every new building with any horizontal
19 dimension greater than 300 feet, shall be provided with
either access doors or hose outlets located so that all
20 portions of the building can be reached with 150 feet of
hose from an access door or hose outlet.
21 Access doors: Access doors shall be in the exterior wall
22 of the building accessible without the use of a ladder,
and not less than 3 feet in width nor less than 6 feet
23 8 inches in height.
24 Hose outlets: The hose outlets shall be 2 1/2" in size
with an approved valve. The water supply for the hose
25 outlets shall be supplied as follows:
26 1. By a separate main from the system side of the check
valve at the fire department connection, or
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2. From an adjacent section of the sprinkler system
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Ordinance No. 1042
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arranged to allow the hose outlets to deliver water
when the sprinkler system, or portion of the system
that protects the area served by the hose outlet,
is shut off.
The water supply shall be sized to deliver a minimum
of 250 gpm. at 65 psi. from the hydraulically most
remote hose outlet and 250 gpm. ( flowing) from each
additional outlet up to a maximum of 500 gpm.
(flowing) when the fire department connection is
pumped at a pressure not to exceed 150 psi."
M. Section 10.314 of the Uniform Fire Code is hereby added
to read as follows:
"Section 10.314. When breathing apparatus is required
by this code, the type of apparatus, the maintenance of
said apparatus and the training in the use of said
apparatus shall be as required in California Code of
Regulations Title 8, Section 5144."
N. Section 10.315 of the Uniform Fire Code is hereby added
to read as follows:
"Section 10.315 (a). Scope - In addition to other
applicable requirements of these regulations, Sec. 2-1807
of C. C.R. , Title 24 and Sec. 1807 of the Uniform Building
Code, the provisions of this section shall apply to every
new building of any type of construction and/or occupancy
having an area where the public might gain access to
await rescue, located more than 55 feet above the level
of Fire Department Vehicle access. Such buildings shall
be provided with an approved automatic sprinkler system
in accordance with Section 1807(c)".
EXCEPTION: The following structures, while classified
as high- rise buildings, shall not be subject to the
provisions of this section but shall conform to all other
applicable provisions of these regulations.
1. Buildings used exclusively as open parking
garages.
2. Buildings where all floors above the 55 -foot
level are used exclusively as open parking
garages.
3. Floors of buildings used exclusively as open
parking garages and located above all other
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Ordinance No. 1042
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floors used for human occupancy.
4. Buildings such as power plants, lookout towers,
steeples, grain houses and similar structures
with noncontinuous human occupancy, when so
determined by the enforcing agency.
(b) The provisions of the Uniform Building Code Section
1807(b) through 1807(k) shall apply to buildings
described in Section 10.315(a).
(c) In addition to the requirements of the Uniform
Building Code Section 1807(f), the Central Control
Station shall include the following:
1. Fire pump status panel and controls.
2. Cabinet containing labeled emergency access and
elevator control keys. (Type of cabinet and
number of keys to be approved by the chief.)
3. Cabinet containing 8 portable firefighter
phones and one headset with sufficient cord to
reach all portions of the room.
4. One 3' by 4' table and one chair.
5. Plans of the building showing all fire and life
safety systems, fire resistive separations, on
site water system.
6. The door to the building control room shall be
openable by a key approved by the chief.
7. The Central Control Station shall be separated
from the remainder of the building by not less
than 1 hour fire resistive construction with
all openings protected by assemblies having a
fire resistive rating of not less than 45
minutes.
(d) Fire Alarm System
1. The fire alarm system shall include visual
indicators for the hearing impaired, in all
public areas of the building including but not
limited to elevators, elevator lobbies, rest
rooms, corridors, exit stairways, rooms &
tenant spaces exceeding 1000 square feet in
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Ordinance No. 1042
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area.
2. All smoke detectors connected to the alarm
system shall have a light that indicates the
status of the detector. When a detector is
located in a space above a drop ceiling, the
indicating light shall be located on or below
the ceiling grid.
3. The activation of any detection device
connected to the alarm system shall cause the
alarm to be sounded on the floor that the
activating device is on as well as the floor
above and the floor below the activating device
where these floors exist.
(e) Emergency evacuation facility.
1. The roof area shall include an emergency
evacuation facility for helicopters of not
less than 12000 pounds gross weight. This
facility shall have a touchdown pad of at least
a 50 foot diameter and be surrounded on all
sides by a clear area having a minimum average
width at roof level of 15 feet but with no
width less than 5 feet.
2. The landing pad shall be designed per Uniform
Building Code Section 2308(c). Helicopter
landing areas and supports therefor on the roof
of a building shall be of noncombustible
construction.
3. The emergency evacuation facility shall have
two approach -departure paths at a slope of no
greater than 8 to 1.
4. Any helicopter use of this helistop other than
as an emergency evacuation facility shall
require prior FAA, Building, and Fire
Department approval.
(f) Enclosed Stairways. All required enclosed stairways
shall be equipped with a barometric dampered relief
opening at the top and the stairway supplied
mechanically with sufficient air to discharge a minimum
of 2500 cubic feet per minute through the relief opening
while maintaining a minimum positive pressure of
0.15 -inch water column in the stairway relative to
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Ordinance No. 1042
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atmospheric pressure with all doors closed. Activation
of the mechanical equipment shall be in accordance with
Uniform Building Code Section 3310(g) 6."
0. Section 10.316 of the Uniform Fire Code is hereby added
to read as follows:
"Section 10.316. Buildings Required to Have Automatic
Fire Detection and Alarm Systems.
(a) All new buildings not having an automatic fire
sprinkler system, constructed as a nonresidential
occupancy exceeding 6,000 square feet of floor area,
shall have an approved automatic fire detection and alarm
system installed.
EXCEPTION: Open parking structure - B-3 occupancy.
(b) Existing non-residential buildings not otherwise
required to have a fire detection and alarm system, shall
have an approved automatic fire detection and alarm
system installed when any addition or alteration is made
to said building which causes the total area of the
building to exceed 6000 square feet.
Such system shall comply with the requirements of a Class
I Type C system as defined in Appendix III -C of the
Uniform Fire Code, and be previously approved and listed
by the California State Fire Marshal pursuant to Article
1.5, Subchapter 1, Chapter 1, Title 19, California Code
of Regulations."
P. Section 11.111 of the Uniform Fire Code is hereby amended
to read as follows:
"Every new building in which is installed any chimney,
flue or stovepipe attached to any fireplace, stove,
barbecue or other device that burns any solid fuel, shall
have such chimney, flue or stovepipe equipped with a
spark arrester as required for incinerators in Section
11.105(d)."
Q. Section 11.201(d) of the Uniform Fire Code is hereby
amended to read as follow:
"d) Dumpster and Container Location. Dumpsters and
containers with an individual capacity of 1.5 cubic
yards (40.5 cubic feet) or greater shall not be stored in
buildings or placed within 5 feet of combustible walls,
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Ordinance No. 1042
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openings or combustible roof eave lines.
EXCEPTION: Areas containing dumpsters or containers
protected by an approved automatic sprinkler system. The
fire sprinkler head(s) installed to cover the dumpsters
or containers, shall be of the automatic flow control
type."
R. Section 14.104 of the Uniform Fire Code is hereby amended
by adding subsection (f). to read as follows:
'If) Every existing dwelling unit used for sleeping
purposes shall be provided with smoke detectors installed
in accordance with U.B.C. Section 1210(a).
Smoke detectors may be battery operated when installed
in existing buildings, or in buildings without commercial
power. It shall be the responsibility of the owner to
supply, install and maintain all required smoke
detectors. The owner shall be responsible for annually
testing all required smoke detectors."
S. Section 79.501 of the Uniform Fire Code is hereby amended
to read as follows:
"(a) The storage of Class I and Class II flammable
liquids in above ground tanks outside of buildings, is
prohibited except in Planned Industrial Districts and
Industrial Districts as identified in Part 4 Chapter 2
of Article 9 of the Tustin City Code.
(b) Class I and Class II flammable liquid tanks allowed
in Section 79.501(a) shall be of less than 1000 gallons
capacity and shall be located no less than 100 feet from
any property line or building of other than a Group M
Division 1 occupancy.
EXCEPTION: The temporary use of above ground tanks is
allowed for the storage of Class I and Class II liquids
as permitted in Division X of Article 79 of The Uniform
Fire Code as adopted by section 5130."
T. Section 79.1206 of the Uniform Fire Code is amended by
adding Section 79.1206(d) to read as follows:
"d) Any vehicle parked in violation of Sections 79.1206
(a) or (b) shall be subject to an infraction citation."
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U. Sections 24, 25, 26 and 27 of Appendix II -A of the
Uniform Fire Code are hereby added to read as follows:
1124. USE OF EQUIPMENT (a) Except as otherwise provided
in this section, no person shall use, operate, or cause
to be operated, in upon or adjoining any hazardous fire
area any internal combustion engine which uses
hydrocarbon fuels, unless the engine is equipped with
a spark arrester as defined in subsection (c) maintained
in effective working order., or the engine is constructed,
equipped and maintained for the prevention of fire
pursuant to Section 24 (c).
(b) Spark arresters affixed to the exhaust system of
engines or vehicles subject to this section shall not
be placed or mounted in such a manner as to allow flames
or heat from the exhaust system to ignite any flammable
material.
(c) A spark arrester is a device constructed of
nonflammable material specifically for the purpose of
removing and retaining carbon and other flammable
particles over 0.0232 of an inch in size from the
exhaust flow of an internal combustion engine that uses
hydrocarbon fuels or which is qualified and rated by the
United States Forest Service.
(d) Engines used to provide motive power for trucks,
truck tractors, buses, and passenger vehicles, except
motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in
the Vehicle Code of the State of California.
(e) Turbocharged engines are not subject to this section
if all exhausted gases pass through the rotating turbine
wheel, there is no exhaust bypass to the atmosphere, and
the turbocharger is in effective mechanical condition.
25. No person shall sell, offer for sale, lease, or rent
to any person any internal combustion engine subject to
the provisions of Section 24 and not subject to the
provisions of Section 13005 of the Health and Safety
Code, unless he provides a written notice to the
purchaser or bailee, at the time of sale or at the time
of entering into the lease or rental contract, stating
that it is a violation of the Uniform Fire Code to use
or operate the engine in upon or adjoining any hazardous
fire area, unless the engine is equipped with a spark
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arrester, as defined in Section 24, maintained in
effective working order or the engine is
constructed,equipped, and maintained for the prevention
of fire pursuant to Section 26.
26. No person shall use, operate, or cause to be
operated in upon or adjoining any hazardous fire area
any handheld portable, multiposition, internal-combustion
engine manufactured after June 30, 1978, which is
operated on hydrocarbon fuels, unless it is constructed
and equipped and maintained for the prevention of fire
in accordance with Section 4443 of the Public Resources
Code of the State of California.
27. FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION
This section shall apply to any new building to be built
or installed in a hazardous fire area.
(1) A Fuel Modification Plan shall be approved by
the chief prior to the issuance of a grading permit.
(2 ) The Fuel Modification shall be approved by the chief
prior to the issuance of a building permit.
(3) The Fuel Modification may be modified if conditions
affecting the requirements for the plan change. Any
modification of the plan shall be approved by the
chief.
(4) All elements of the Fuel Modification shall be
maintained in accordance with the approved plan."
Section 2: Severability of the parts of this ordinance and
the adopted codes.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases
of this Ordinance and the adopted Codes are severable, and if
any phrase, clause, sentence, paragraph or section of this
Code shall be declared unconstitutional by the valid judgement
oar decree of court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this
Ordinance and the adopted Codes.
Section 3: This Ordinance shall be in full force and effect
thirty days after its passage and the City Clerk shall certify
to the passage and adoption of this Ordinance by the City
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Council of the City of Tustin and shall, within fifteen (15)
days after its final passage post a certified copy of the full
text of the Ordinance at City Hall and cause a summary of the
Ordinance to be published once in the Tustin News. a newspaper
of general circulation which is hereby designated for that
purpose.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, held on the day of
, 1990.
Mary E. Wynn
City Clerk
Richard B. Edgar
Mayor