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California.

Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 137 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 137 of 295)
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orchards, vineyards, gardens or farms of the state of California, or
which would be, or be liable to be, detrimental thereto or to any por-
tion of said state, or to any of the orchards,' vineyards, gardens or farms
within said state, and there exists danger of dissemination of such
insects or disease while such shipment is in transit in the state of
California, then such shipment shall be placed within sealed containers,
composed of metallic or other material, so that the same cannot be
broken or opened, or be liable to be broken, or opened, so as to permit
any of the said shipment, insects, their eggs, larvae or pupae or animal
or plant disease to escape from such sealed containers and the said
containers shall not be opened while within the state of California.

Fruit fly.

§ 5. No person, persons, firm or corporation shall bring or cause to be
brought into the state of California any fruit or vegetable or host plant
which is now known to be, or hereafter may become a host plant or
host fruit of any species of the fruit fly family Trypetidae from any
country, state or district where such species of Tr^-petidae is known to
exist and any such fruit, vegetable, or host plant, together with the
container and packing, shall be refused entry and shall be immediately
destroyed at the expense of the owner, owners or agents.

Peach yellows or peach rosette.

§ 6. No person, persons, firm or corporation shall bring or cause to be
brought into the state of California any peach, nectarine, or apricot tree
or cuttings, grafts, scions, buds or pits of such trees, or any trees budded
or grafted upon peach stock or roots that have been in a district where
the disease known as "peach yellows" or the contagious disease known



1249 HORTICULTURE, Act 1517a, §§ 7-11

as "contagious peach rosette" are known to exist, and any such attempt-
ing to land or enter shall be refused entry and shall be destroyed
or returned to the point of shipment at the option of the owner, owners
or agent, and at his or their expense.

Injurious animals.

§ 7. No person, persons, firm or corporation shall bring or cause to
be brought into the state of California any injurious animals known as
English or Australian wild rabbit, flying-fox, mongoose or any other
animal or animals detrimental to horticultural or agricultural interests.

Penalty,

§ 8, Any person, persons, firm or corporation violating any of the
provisions of this act shall be guilty of a misdemeanor and shall be
punished by imprisonment in the county jail for a period not exceeding
six months, or by a fine not exceeding five hundred dollars, or by both
such fine and imprisonment.

Act an urgency measure.

§ 9. It is hereby determined and declared that this act and each and
all of the provisions thereof, constitute and is an urgency measure neces-
sary for the immediate preservation of the public safety and health.
The facts constituting such necessity are as follows: There now exist in
various islands and territory in close proximity to the state of Cali-
fornia dangerous and injurious fruit and plant diseases and insects and
animals, and heretofore fruits, vegetables, plants, seeds and other articles
of horticulture and agriculture from said islands and territory have
been and now are being shipped and brought into the state of California,
which are to a large extent infested and infected with dangerous and
injurious fruit and plant diseases and insects, their eggs, larvae and
pupae, and which if continued to be brought into the state will cause
great danger to the public health, and will greatly damage the horticul-
tural and agricultural interests of this state, and will also be detrimental
to the public health, and this act is necessary to provide ample power
to prevent the introduction of such insects and diseases and injurious
animals into the state and to prevent the spread of such disease, insects
and animals.

Bepeal of former law.

§ 10, That certain act entitled "An act for the protection of horti-
culture, and to prevent the introduction into this state of insects, or
diseases, or animals, injurious to fruit or fruit trees, vines, bushes, or
vegetables, and to provide for a quarantine for the enforcement of this
act," approved March 11, 1899, is hereby repealed.

In effect immediately.

§ 11. This act, being an urgencj^ measure as above set forth, shall
take effect and be in full force immediately from and after its passage.
79



Acts 1529, 1530 general laws. 1250

TITLE 219.

HOTELS.
ACT 1529.

An act to protect the lives and property of the patrons of all public

hotels, lodging and rooming houses in the state of California.

[Approved March 25, 1911. Stats. 1911, p. 494.]

Exit signs in lodging-houses.

§ 1. Every owner, manager, proprietor, lessee or other person having
the management, charge or control of any public hotel, lodging or room-
ing house, is hereby required to put up in conspicuous places in the
halls of such hotel, lodging or rooming house, exit and stairway signs
and permanently maintain the same. Said signs shall be made and
placed where they will definitely direct the patrons thereof to the exits
and stairways, so as to enable them to escape from such building in
case of fire or other accident.

Penalty for violations.

§ 2. Every owner, manager, proprietor, lessee or other person, having
the management, charge or control of any such hotel, lodging or room-
ing house who shall violate anj' of the provisions of this act or who shall
refuse or. neglect to comply therewith shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punished by fine not
to exceed one hundred dollars or by imprisonment not to exceed three
months or by both such fine and imprisonment.

ACT 1530.

An act to regulate the building and occupancy of hotels and lodging-
houses in incorporated towns, incorporated cities, and cities and
counties, and to provide penalties for the violation thereof.
[Approved June 16, 1913. Stats. 1913, p. 1429.]

Hotel and lodging-house act.

§ 1. This act shall be known as the state hotel and lodging-house
act and its provisions shall apply to all incorporated towns, incorporated
cities and cities and counties in the state of California.

Definitions.

§ 2. For the purpose of this act certain words and phrases are defined
as follows: A "hotel" is a building or part thereof intended, designed
or used for supplying food and shelter to residents or guests and having
a general public dining-room or cafe, or both, and containing more
than fifteen guests' rooms. A "lodging-house" is a building containing
more than fifteen rooms in which persons are or may be accommodated
•with sleeping apartments for hire, by the day, week, or month. A
"yard" is an open, unoccupied space on the same lot with a hotel or
lodging-house, between the extreme rear line of the hotel or lodging-



1251 HOTELS. Act 1530, §§ 3-5

house and the rear line of the lot; provided, that in the case of a
coiner lot the yard may be placed in the rear of either frontage. A
court is an open, unoccupied space, other than a yard, on the same lot
with a hotel or lodging-house. A court not extending to the street or
3'ard is an inner court. A court extending to the street or yard and
bounded On three sides by a hotel or lodging-house on the same lot is
an outer court. If it extends to the street it is a street court. If it
extends to the yard it is a yard court. If it extends from the street
to the yard it is a street to yard court. A court bounded on one side
and on one end by a hotel or a lodging-house on the same lot and on
the remaining side by a lot line and the remaining end open to the
street or yard is a lot line outer court. A court bounded on one side
and both ends by a lodging-house on the same lot and on the remaining
side by a lot line, is a lot line court. A court bounded on one side and
both ends by a hotel on the same lot and on the remaining side by a
lot line, is a lot line court. A lot line is the boundary line between two
lots. A corner lot is a lot situated at the junction of two streets or
of a street and public alley or other public thoroughfare or public park
not less than sixteen feet in width. Any portion of the frontage of such
lot behind which the yard is placed distant more than seventy-five feet
from such junction shall not be regarded as part of a corner lot but shall
be subject to the provisions of this act respecting other than corner lots.

Yaxd behind hotel.

§ 3. Behind every hotel or lodging-house hereafter erected, there shall
be a yard extending across the entire width of the lot and at every
point open from the ground to the sky, unobstructed, except that open
iron fire-escapes may project not over four feet from the rear line of the
house. The depth of said yard, measured from the extreme rear wall
of the house toward the rear line of the lot, shall be as provided in the
following sections.

Depth of yard.

§ 4. Except upon a corner lot, as provided in section 5, or upon a lot
running through from street to street or street to public alley or other
public thoroughfare or public park, or a lot surrounded upon its sides
by streets or streets and public alleys, or parks or other public thorough-
fares not less than sixteen feet in width, as provided in section 6, the
depth of the yard behind every hotel or lodging-house shall not be less
than twelve feet in every part; provided, that whenever such lot is less
than one hundred and twenty feet in depth said yard shall be not less
than ten per cent of the depth of said lot in every part and in no case
less than seven feet in every part.

Depth of yard on corner lot.

§ 5. The depth of the yard for every hotel or lodging-house hereafter
erected upon a corner lot shall be not less than seven feet in every part
and at every point open and unobstructed from the level of the second



Act 1530, §§6-8 GENERAL LAWS. 1252

tjer of beams (the second floor level); provided, that where any such
lot is less than seventy feet in depth behind the frontage back of which
the yard is to be placed the depth of the yard shall be not less than
ten per centum of such depth of such lot, but shall never be less than
five feet in every part. When a corner lot is more than seventy-five
feet in width upon the frontage behind which the yard is {)laced, the
yard for that portion in excess of seventy-five feet shall conform to the
provisions of section 4 of this act.

When hotel runs from street to alley.

§ 6. Whenever a hotel or lodging-house is hereafter erected upon a lot
which runs through from one street to another street or public alley or
other public thoroughfare or public park and said lot is not more than
one hundred and fifty feet in depth one-half of the narrowest street
or public alley or other public thoroughfare or public park may be in-
cluded in the depth of the yard required by sections 4 and 5. If a lot
is surrounded on its sides by streets or streets and public alleys or other
public thoroughfares or public parks twenty feet or more in width the
provisions relating to yards in sections 4 and 5 need not be complied
with; provided, tnat the hotel or lodging-house to be constructed on
such lot contains an outer court at least eighty feet deep and of a
width twice as great as the depth prescribed for yards in section 4 and
open to one of the surrounding streets, public alleys or other public
thoroughfares or public parks; provided, that said outer court shall not
be required to be of a depth which shall leave less than fifty feet be-
tween the rear line of caid court and the line of said lot immediately
behind said court.

Windows.

§ 7. No window in a hotel or lodging-house hereafter erected shall
open upon a lot line.

§ 8. Windows in hotels or lodging-houses hereafter erected may open
upon a lot line court, or upon a lot line outer court or upon a street to
yard court, of the minimum sizes provided in this act. No window
shall open or be designed to open or be constructed upon a lot line
court unless said court be at least of the following mimimum size: The
wall of the hotel or lodging-house forming one side of safd court and
running approximately parallel to the lot line shall, at its nearest point,
be at least four feet distant from the lot line and said court shall be at
least eight feet in length parallel to the lot line; provided, that said
court need be but four feet in length parallel to the lot line when only
windows opening from toilets or bathrooms only open upon said court.
No windows in a hotel or lodging-house hereafter erected shall open
upon a street to yard court or upon a lot line outer court unless said
court has a width throughout its entire length of at least four feet.
Windows in hotels or lodging-houses hereafter erected shall not be con-
structed or placed in or opened through the outer wall of the building



1253 HOTELS. Act 1530, §^ 9, 10

next to the lot line unless such windows open upon a lot line court or a
lot line outer court or a street to yard court or upon a yard or court.
When a room is located at the corner of a hotel or lodging-house formed
by the intersection of a lot line and a street or public alley or other
public thoroughfare or public park and said room has a window or
windows opening on such street or public alley or other public thorough-
fare or public park said room may also have a window or windows open-
ing upon the lot line.

Additions to existing hotels must comply -with act.

§ 9. No hotel or lodging-house existing prior to the passage or going
into effect of this act or the permit for the construction of which was
issued prior to the going into effect of this act shall hereafter have ad-
ditions made thereto unless such additions comply with the provisions of
this act and no building existing prior to the going into effect of this
act or the permit for the construction of which was issued prior to the
going into effect of this act shall hereafter be altered to a hotel or lodg-
ing-house except with full compliance with the provisions of this act
provided herein for the building and occupancy of hotels and lodging-
houses hereafter constructed.

Plans, specifications, etc^ to be submitted to building department.

§ 10. Before the construction or alteration of a hotel or lodging-
house, or the alteration or conversion of a building for use as a hotel
or lodging-house is commenced, the owner or his agent or architect shall
submit to the building department of the incorporated town, incorpo-
rated city or city and county in which said hotel or lodging-house or
building to be constructed, altered, added to or converted is situated or
to be situated, or if there be no building department then to the health
department or if there be no building department or health department
then to such department as shall be designated for that purpose by
municipal ordinance of the municipality in which said work is contem-
plated, a detailed statement in writing, verified by the afiidavit of the
person making the same, of the specifications for the construction of
such hotel or lodging-house or building upon the blanks or forms to be
furnished by such department and also a complete and full copy of the
plans of such work. Such statement shall give in full the name and res-
idence, by street and number, of the owner or owners of such hotel or
lodging-house or building. If such construction, alteration or conver-
sion is proposed to be made by any other person than the owner of the
land in fee, such statement shall contain the full name and residence,
by street and number, not only of the owner of the land, but of every
person interested in such lodging-house or hotel, either as owner, lessee
or in any representative capacity. Said affidavit shall allege that such
specification and plans are true and contain a correct description of such
hotel or lodging-house, building, structure, lot and proposed work. The
statements and affidavits herein provided for may be made by the owner,
or the person who proposes to make the construction, alteration or con-



Act 1530, § 11 GENERAL LAWS, 1254

version, or by his agent or architect. No person, however, shall be
recognized as the agent of the owner unless he shall file with the de-
partment with which the plans and specifications are filed a written in-
strument signed by such owner designating him as agent. Any false
swearing in a material point in such affidavit shall be deemed perjury.
Such plans and specifications and statements shall be filed in said de-
partment and shall be deemed public records, and no such specifications,
plans or statements shall be removed from said department. The said
dei)artment shall cause all such plans and specifications to be examined.
If such plans and specifications conform to the provisions of this act
relative to the building and occupancy of hotels and lodging-houses the
department with which said plans and specifications are required to be
filed shall issue a written certificate to that effect to the person sub-
mitting the same. Such certificates shall state the state hotel or lodging-
house act has been complied with. Said department, may from time to
time approve changes in any plans and specifications previously ap-
proved by it, provided the plans and specifications, when so changed,
shall be in conformity with this act. The construction, alteration or
conversion of such house, building or structure, shall be in accordance
with such approved specifications and plans. When the original copy
of the plans is filed an additional copy shall be presented to the de-
partment with which the plans are filed and when the permit to com-
struct, alter or convert is issued said additional copy shall be certified
thereon by said department as a true copy of the plans on file and de-
livered to tho person to whom the permit is issued and shall be kept
upon the premises upon which the hotel or lodging-house is to be con-
structed, altered or converted, from the commencement of the work
thereon to the final completion thereof and be subject to inspection at all
times by proper authorities, A copy of all changes or alterations in the
said plans on file duly authorized shall also be kept upon said premises or
such changes or alterations shall be noted upon the copy issued with the
permit and certified thereon by the department with which the original
copy is filed. Any permit or approval which may be issued by said de-
partment but under which no work has been done above the foundation
walls within six months from the issuance of such permit or approval,
shall expire by limitation. Said department shall have power to revoke
or cancel any permit or approval in case of any failure or neglect to
comply with any of the provisions of this act, or in case any false state-
ment or representation is made in any specification, plans or statements
submitted or filed for or to obtain such permit or approval.

Certificate of final completion. Permit of occupancy.

§ 11, Upon the completion of the construction or alteration of a hotel
or lodging-house or alteration of a building into a hotel or lodging-house
and the making of a written application therefor by the owner, his agent,
architect or contractor to the department charged with the enforcement
of this act, said department, if said building at the date of such applica-



1255 HOTELS. Act 1530, §§ 12, 13

tion is entitled thereto, shall, within ten days from the date of siich
application, issue a certificate that the hotel or lodging house or altera-
tion thereof is completed in conformity with the state hotel and lodg-
ing-house act, which certificate shall be entitled "certificate of final
completion," and upon presentation of said certificate to the department
of health of the incorporated town, incorporated city or city and county
in which the building is located and filing the same with such department
the department of health shall issue a permit to occupy such hotel or
lodging-house, which last-mentioned permit shall be entitled "permit of
occupancy upon completion of construction."

Said certificate and said permit shall each be made in duplicate and
one copy of each shall remain on file in the department issuing it.

No hotel or lodging-house hereafter constructed as or altered into a
hotel or lodging-house shall be occupied in whole or in part for human
habitation until the issuance of the said "certificate of final completion"
and of said "permit of occupancy upon completion of construction." If
any building hereafter constructed as or altered into a hotel or lodging-
house, be occupied in whole or in part for human habitation in violation
of the provisions of this section such occupation shall be deemed unlawful
and said premises shall be deemed unfit for human habitation and the
department of health or other department charged with the enforcement
of this act may cause them to be vacated accordingly.

Act prescribes minimum requirements.

§ 12. Nothing in this act contained shall be construed to abrogate or
impair the powers of the department of health, the department of public
works or the building department or of the courts, to enforce the provi-
sions of the charter or building ordinances and regulations of any incor-
porated town, incorporated city or city and county, not inconsistent with
this act, or to prevent or punish violations thereof. The provisions of
this act shall be held to be the minimum requirements adopted for the
protection, health and safety of the community. Nothing in this act
contained shall be construed as prohibiting the local legislative body
of any incorporated town, incorporated city or city and county from
enacting from time to time supplementary ordinances imposing further
restrictions. But no ordinance, regulation or ruling of any municipal
authority shall repeal, amend, modify or dispense with any provision of
this act.

Inspection of hotels.

§ 13. The building department, the health department and such other
departments as the municipalities affected by the provisions of this act
may designate by ordinance or otherwise shall have the right and it
shall be its and their duty to enter into hotels and lodging-houses within
the said municipal corporation for the purpose of inspecting such houses
and buildings to secure compliance with the provisions of this act, and
to prevent violations thereof.



Act 1530, §§14-16 GENERAL LAWS. 1256

Penalty.

§ 14. Every person •who shall violate or assist in violation of any
provision of this act shall be guilty of a misdemeanor [and] punished
by imprisonment in a county jail not exceeding six months or by a fine
not exceeding five hundred dollars or by both, and in addition to the
penalty therefor, shall be liable for all costs, expenses and disbursements
paid or incurred by the department, by any of the oflScers thereof, or
by any agent, employee or contractor of the same, in the prosecution of
such violation.

Procedure to prevent violations.

§ 15. Except as herein otherwise specified the procedure for the pre-
vention of violations of this act, or for the vacation of p jiuises unlaw-
fully occupied, or for other abatement of nuisance in connection with a
hotel or lodging-house, shall be as set forth in charter and ordinances of
the municipality in which the procedure is taken. In case any hotel or
lodging-house, building or structure or any part thereof is constructed,
altered, converted or maintained in violation of any provision of this
act or of any order or notice of the departments charged with its enforce-
ment, said department or departments may institute any appropriate
proceeding or action to prevent such unlawful construction, alteration,
conversion or maintenance, to restrain, correct or abate such violation or
nuisance, to prevent the occupation of said hotel or lodging-house, or to
prevent any act in violation of this act in or about such hotel or lodging-
house or lot. In any such action or proceeding said department or de-
partments may, by affidavit setting forth the facts, apply to the superior
court or to any judge thereof, for an order granting the relief for which
said action or proceeding is brought, or for an order enjoining all per-
sons from doing or permitting to be done any work in or about such
hotel or lodging-house or for occupying or using the same, until the entry
of final judgment or order. In case any notice or order issued by said
department or departments is not complied with said department or de-
partments may apply to the superior court, or to any judge thereof, for



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 137 of 295)