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Ordinance no. 350, §§ 1-18, ORANGE, COMPILED ORDINANCES OF THE BOARD OF SUPERVISORS OF THE COUNTY (sine nomine 1940) (Law Passed 1935).

  • Year:
  • 1935
Jurisdiction:

“ORDINANCE NO. 350
AN ORDINANCE REGULATING THE ESTABLISHING, CONDUCTING AND CARRYING ON OF GUN CLUBS OR SHOOTING CLUBS IN THE COUNTY OF ORANGE, PROVIDING FOR THE GRANTING OF LICENSES THEREFOR, THE PRESCRIBING THE PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS OF SAID ORDINANCE.

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    The Board of Supervisors of Orange County, California, does hereby ordain as follows:
    SECTION 1. It shall be unlawful for any person, firm, corporation, club, association or organization of persons to engage in, manage or carry on the business of conducting or operating a gun club or shooting club, as hereinafter defined, in the County of Orange, without first having procured a license so to do, and having paid the fee for such license as in this Ordinance provided.
    SECTION 2. All licenses must be procured immediately upon the commencement or continuance of any business liable to license fees as herein provided, from the County Clerk of Orange County, which license shall authorize the party obtaining the same to transect the business described in such license for the period named therein, in said County. A separate license must be obtained for each branch establishment or a separate place of business located in this County except as hereinafter provided.
    SECTION 3. All sums of money for license fees provided for by this Ordinance are due and payable in advance at the office of the County Clerk, and all licenses herein provided for shall be issued for the period of five (5) years, except wherein it is herein otherwise expressly provided. Each license shall state the person to whom and the kind of business and the location for which the same is issued and the date of issuance, the license period for which issued, and the amount received therefor, and shall refer to this Ordinance, and be signed by the County Clerk. The period of all licenses shall begin on the 1st day of July of each year and any license issued at any period during said year shall expire on the 30th day of June of the fifth year thereafter, and where a new license shall be issued, after the 1st day of January of any year, a pro-rata deduction shall be made on the amount of the fee therefor for the remainder of said fiscal year.
    SECTION 4. For the purposes of this Ordinance "person" shall include any person, firm, corporation, club, association or organization of persons proposing to conduct the kind of business licensed by this Ordinance.
    SECTION 5. Every gun club or shooting club, as defined in this Ordinance shall pay a license fee of Twenty-five Dollars ($25.00) per year, the first annual payment to accompany the application for such license when filed with the County Clerk, and each subsequent annual payment during the term of the license to be paid in advance at the beginning of the fiscal year.
    SECTION 6. For the purpose of this Ordinance, the term "Gun Club" or "shooting Club" is defined to be and to include any person, club, corporation, association or organization using real property for the purpose of engaging in conducting, managing or carrying on, or owning, leasing, or controlling any real property upon which there is maintained dykes or ponds within which is confined water pumped from any well for the purpose of attracting wild game and aquatic birds and where such person or the members or guests of said club, association or organization may shoot, take and kill such game either for the purpose of food or for amusement of said members or guests, or for any other purpose.
    SECTION 7. Any person desiring to procure a license under the terms of this Ordinance shall file an application with the County Clerk of the County of Orange, which application shall be in writing on forms provided therefor, and shall be signed by the applicant or his or its authorized agent or representative and shall contain the following
information:
    (a) The name and residence of the applicant or applicants and if any applicant be a firm, the names and residences of the partners thereof; if any applicant be an association, the names and residences of the officers thereof; and if an applicant be a corporation, the names and residences of the officers and directors thereof.
    (b) The place for which the permit is desired or in which any such club is to be located, and such other information as may be required by the authority issuing such license.
    SECTION 8. Said Board of Supervisors before issuing any such license shall, upon receipt of such application, fix a time for a public hearing thereon which time shall be not less than ten, nor more than thirty days from the filing thereof, at which time all persons interested either in the issuance of said license or in objecting to the issuing thereof, may appear before said Board of Supervisors and be heard. After said hearing, said Board of Supervisors shall determine whether or not said license shall be granted and such determination of the Board of Supervisors, after said hearing, shall be final and conclusive; provided, however, that during the first year this Ordinance shall be in effect, it shall be discretionary with the Board of Supervisors whether said hearing shall be required or dispensed with.
    SECTION 9. Every license granted under this Ordinance or any section thereof, is granted and accepted by all parties receiving such license with the express understanding that the Board of Supervisors may revoke the same, or the order for the issuance thereof, at any time when it appears to them that any state of facts exists upon which they would be authorized to deny an application for such license, or that the person, firm, corporation, club, association, or organization to whom such license was issued, or any of his or its agents, servants or employees has violated or been convicted of violating any of the terms of this Ordinance, or that the license was obtained by fraudulent representations; provided, however, that no license shall be revoked without giving the holder thereof opportunity to appear before said Board of Supervisors on his own behalf. Notice shall be given by the Clerk of said Board of Supervisors to any person whose license it is proposed to revoke of the time and place fixed by the Board of Supervisors when said person may be heard, such notice to be given not less than ten days prior to the time fixed for said hearing. When a license of any person is revoked for any cause no new or other license shall be granted to the same person within six months after such revocation.
    SECTION 10. The license granted to anyone person shall not include the right on the part of such person to occupy any other lands or premises for the purpose of such club other than the premises described in the application, and in such license, unless such additional premises shall be not more than one mile distant from the premises or tract or parcel of land upon which is situated the club house belonging to such club.
    SECTION 11. The use of water pumped from wells as defined in this Ordinance for the use of such lands covered by said license shall be limited to Nine (9) inches per acre of ???[1] land owned by or under the control of any licensee under this Ordinance.
    SECTION 12. Any person obtaining a license under this Ordinance shall install a meter upon any pump used by said person for the purpose of pumping water and shall permit the authorized representative of the County of Orange to enter upon said premises at all reasonable times for the purpose of reading such meter and checking the use of the water upon said premises.
    SECTION 13. The duty of reading said meters and checking the use of said water upon said premises and keeping the records thereof is hereby vested In the Engineer of Orange County Flood Control District who is hereby designated as the representative of the Board of Supervisors for the said purpose.
    SECTION 14. It shall be the duty of the County Clerk to collect the license fees under this Ordinance and to perform such other duties as are by this Ordinance prescribed.
    SECTION 15. It shall be the duty of the District Attorney to prosecute all violations of this Ordinance on a sworn complaint thereto and it shall be the duty of the District Attorney to act as attorney for the County Clerk for the collection of any unpaid licenses.
    SECTION 16. No license to conduct or carry on any business mentioned in this Ordinance shall be granted or issued except upon order of the Board of Supervisors.
    SECTION 17. Any person, club, corporation, association or organization violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 or more than $500.00, or by imprisonment in the County Jail for a period of not more than 6 months or by both such fine and imprisonment. Each such person, club, corporation, association or organization shall be deemed guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, club, corporation, association or organization and shall be punished therefor, as provided in this Ordinance. Any fine imposed under the provisions of this Ordinance may be collected as in other criminal cases and the Court may also issue an execution upon the judgment therein rendered and the same may be enforced and collected, as in civil cases.
    SECTION 18. This Ordinance shall take effect and be in force thirty days from and after the date of its passage and upon the publication thereof within 15 days from the date of its passage, as required by law, in the Yorba Linda Star, a newspaper published and circulated in the County of Orange, State of California, together with the names of the Board of Supervisors voting for and against the same.”


[1] This word is illegible because it is too far into the margin of the page.

Willard Smith, Steele Finley, Willis Warner, Harry D. Riley, N. E. West, & B. J. Smith, eds., Compiled Ordinances of the Board of Supervisors of the County of Orange, State of California: Compiled, Revised, and Indexed Under Order of the Board of Supervisors, and Under Supervision of the County Clerk of the County of Orange, State of California (s.l.: s.n., 1940). Ordinance no. 350—An Ordinance Regulating the Establishing, Conducting, and Carrying on of Gun Clubs or Shooting Clubs in the County of Orange, Providing for the Granting of Licenses Therefor, and Prescribing the Penalties for the Violation of Any of the Provisions of Said Ordinance, §§ 1-18. Passed October 15, 1935.