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HomeMy WebLinkAboutOrdinances - No. 189I ORDINANCE NO, 289 m ordinance establishing a zone for 6353 under$ading establishments within the City of Lodi for the[ public health,' comfort, convenience, safety and we1fare:of said City, I Be it ordained by the City Councll of the City of Lodi as f 0110ws : Section 1. That the public health, comfort, convenience, safety and welfare of the city of Lodi require that the use of private property and the conduct of certain business be regulated and that districts or zones be establlshed in said city as herein after set out , Section 2. For the purposes of this ordinance Zone Number One shall be all that part of said city bordered on the north by the center line of Lockeford Street, on the East by the center line of Washington Street, on the South by the center line of tGfalnut Street, and on the Vest by the center line of Church Street. Section 3. For the purposes of this ordinance all of said city not included in said Zone Itumber One shall be known as Zone Number Two. Section 4. It shall be lawf'ul to own, maintain, operate and conduct any mortuary or funeral parlor within the exterior boundaries of said Zone Number One. Section 5, It shall be unlawful for any person, firm or corporation to own, maintain, operate or conduct within the boundaries of said Zone Number Two any mortuary or funeral parlor. Section 6. For the purposes of this ordinance the terms "mortuary" and "funeral parlor" are synonymous and said terms are defined to mean any place where any human dead body is embalmed, or otherwise prepared for burial, cremation or other disposal, as a business conducted for a profit, or where any funeral or Funeral service upon any such body (which rnay have been pre or disposal, at the place where such funeral is to be held> is e - i- conducted as a matter of business and for a profit; but such terms shall not include any place, church or private residence where any funeral or funeral services may be conducted (not as a matter of' business or for the profit of the occupant of such premises) upon any such body, which may theretofore have been embalmed or properly prepared (at some place outside of said Zone Number Two) for burial, cremation or other disposal. Section 7. Any person, firm or corporation who or which shall violate 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 $300.00, or by imprisokunent in the city prison or county jail for a period of not more than three months, or by both such fine and imprisonment; and each separate day, during which any portion of this ordinance shall be violated, shall be considered as a separate offense. Section 8. If any section, sub-section, sentence, clause, word or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of any remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, sub- section, sentence, clause, word and phrase thereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, words or phrases might be declared unconstitutional.