Ordinance No. 154

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ORDINANCE NO. 154
AN ORDINANCE OF THE
BOARD OF SUPERVISORS
OF THE COUNTY OF IMPERIAL, STATE OF CALIFORNIA, REQUIRING REGISTRATION OF, AND REGULATION AND CONTROL
OF ALIEN ENEMIES OF
THE UNITED STATES OF
A ME RICA, PRESCRIBING
RULES AND REGULATIONS
THEREFOR, AND PRESCRIBING AND SETTING
FORTH PENALTIES FOR
VIOLATIONS HEREOF.
The Board of Supervisors of
the County of Imperial do ordain
as follows:
Section 1. Definitions. As
used in this Ordinance (a) words
"alien enemies", or "alien enemy", sha-1 mean any and all persons Who are citizens or nationals
of any country with which the
United States of America is now,
or hereafter may be, at war, or
against which war has been or
may hereafter be declared, and
this definition is hereby specifically deemed to include all citizens
or nationals of Germany and /or
Italy and /or the Empire of Japan; (b) "Agricultural Commissioner" means tine Agricultural
Commissioner of the County of
Imperial, State of California; (c)
"County" means County of Imperial; (d) "Section" means a
section of this Ordinance, unless
some other Ordinance or statute is particularly mentioned;
(e) the present tense includes
the past and future tenses, and
the future tense includes the
present tense; (f) the masculine
gender includes the feminine
gender; (g) the plural number
includes the singular number and
the singular number the plural
number; (h) "Shall" is mandatory, and "may" is permissive;
(i) "Peace officer" means every
person defined as a peace officer by Section 817 of the Penal
Code of the State of California;
(j) "Person" includes firm, corporation, company, or association.
Section 2. Every alien enemy
now in, or hereafter coming into
the County of Imperial, shall
within 10 days subsequent to the
effective date of this: Ordinance,
or within 10 days subsequent to
coming into the county of Imperial, register with the Agricultural Commissioner of the County of Imperial, at his office in
the Court House in the City of
El Centre, and every such alien
enemy shall upon such registration give his full name, age, residence address and occupation,
and if married, the name, age
and residence address of husband
or wife, the number of Children,
if any, with the name, age and
residence address of each chi'd,
and shall file with said Agricultural Commissioner two clear,
signed photographs, size 2 by 2
inches, of such alien  enemy.
Section 3. It shall be the duty
of said Agricultural Commissioner upon the registration of each
alien enemy to issue to him a
numbered identification card upon which said identification card
there shall appear the name, age,
residence address and occupation
of the holder thereof, together
with a thumb print of said alien
enemy, with said alien enemy's
photograph affixed thereto. It
sharl be the duty of such alien
enemy to  keep  said  registration
card in his personal possession at
all times, and he shall exhibit the
same to any and all persons
whenever requested so to do.
Section 4. E&exy~~aILen enemy
in the County of Imperial who is
directly or indirectly engaged in
farming, agriculture, horticulture
or viticulture, or in any other
operation involving the farming
or occupancy of agricultural "and,
or the processing, marketing,
sale, harvesting or shipping of
agricultural products, shall also
at the time of registering, give
to the Agricultural Commissioner in addition to the data and
photographs required in Section
3 above, the following information: The legal description of »tihe
land of which he is directly or
indirectly engaged in fiarming,
occupying or operating, or in connection with which he is carrying on agriculture, horticulture,
viticulture or other farming activities and operations, the name
and address of the owner of the
land, and the water delivery gate
number and name of the Irrigation Canal serving said land. _LfL|
such alien^^eiij^^y^Js^a^Je^se^,^^
interested   in,   or   operating- ...said.
land under either a written or
■oral lease or contract, he shall also give the name of the owner
of the land and the terms and
character of the lease or contract, and shall exhibit any such
written 7ease or contract, and
file a certified copy thereof with
the said Agricultural Comms-
sioner, at the time of registering
Section 5. Every alien enemy]
who is directly or indirectly en
gaged in or interested in the
handling, harvesting, processing
or shipping of agricultural products, whether as a commission
merchant, produce dealer, broker,
salesman or agent, shall within
the time specified in Section 2
hereof, register with the Agricultural Commissioner of the County of Imperial, and shal1 thereupon give his name and address,
and the name and address of every person, partnership, company
or corporation whom he represents. If such alien enemy is interested in a corporation, whether as a stockholder, member or
manager, or otherwise, he shall
then furnish to the Agricultural
Commissioner the names and addresses of all other stockholders,
or members of such company,
corporation or partnership; and
such alien enemy shall also thereupon file with the Agricultural
Commissioner of the County of
Imperial, copies of any and all
licenses, whether federal, state,
city or county, or otherwise, under which he may be operating
as such commission merchant,
produce dealer, broker, salesman
or agent.
Section 6. _Jt shall be unlawful
for any alien enemy, either as
tenant, lessee, sublessee, cropper,
partner or foreman, or under any
other designation or arrangement whatsoever, directly or in-
direotfy, to occupy, lease, sublease, farm, operate, control, have
or direct any interest whatsoever
in agricultural lands within the
County of Imperial, or benefit in
the products or proceeds of any
such products grown on such agricultural lands; and it shall further be unlawful for any such
alien enemy to acquire, control, or
in   any   degree,   benefit,   directly
or indirectly, from, any of said
operations through a native born,
pr a naturalized United States
citizen, by means of any direct,
or indirect plan or arrangement,
whereby it is made to appear that
said native born or naturalized
United States citizen is the de
facto tenant, lessee, owner and/or
operator, or is in actual control
of any agricultural lands; provided, however, that this ordinance
does not prohibit the employment
of an alien enemy as a laborer
under any rights granted him by
any federal or state constitutions,
treaties, laws or regulations, but
in any event said employment
shall be a bonafide labor em-
pToyment, and not otherwise.
Section 7. It shall be unlawful
for any citizen of the United
States of America, whether native born or naturalized, to perform any act to carry out any
plan whatsoever, directly or indirectly, for the purpose of, or
resulting' in, assisting, encouraging, aiding or abetting any alien
enemy to violate any of the terms
or provisions of this Ordinance;
and it shall be unlawful for any
such citizen to enter into any
lease or other kind of agreement
in any form whatsover, whether
written or oral, for the purpose
of aiding, abetting or assisting
an alien enemy to procure the
occupancy, possession of, or any
interest in, agricultural land in
the County of Imperial for the
purpose of carrying on or accomplishing any of the operations
prohibited by this Ordinance.
Section 8. It shall be unlawful
for any native born or naturalized citizen of the United States
of America, directly or indirectly,
to enter into or be interested in
any lease contract, lease agreement, cropping agreement, or
any other kind of agreement,
whether written or oral, for the
purpose of directly or indirectly, or under subterfuge, or otherwise, placing or permitting an
alien enemy upon any agricultural lands in the County of Imperial, or permitting him to grow or
produce crops thereon, or to enjoy the beneficial use thereof, or
to have or enjoy an interest in
agricultural crops grown or to
be grown upon agricultural lands,
or to participate in any degree in
the proceeds from the sale thereof.
Section 9. It shall be unlawful for any person to fail or to
refuse to comply with, or to violate, any of the terms and provisions of this Ordinance. Any
person who fails or refuses to
comply with, or who violates, any
of the terms and provisions of
this Ordinance, shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished
by imprisonment in the County
Jail of the County of Imperial for
a period of not to exceed six
months, or fined in a sum not to
exceed $500.00, or by both such
fine and imprisonment; and in
the event a fine is imposed under
this Ordinance and such fine shall
not be paid, the Court may adjudge that the defendant shall
serve one day in said County
Jail for each $2.00 of the unpaid
portion  of  such fine.
Section 10. The Agricultural
Commissioner of the County of
Imperial, and each of his depu-
t'es, inspectors, agents and employees, and all peace officers of
said    County    of    Imperial,    are
hereby   authorized,   and   it   shall
be the duty of each of said persons and officers,  to enter upon
all    agricultural    lands    in    the
County of Imperial for the purpose of investigating any alleged
violations of this  Ordinance.    It
shall be the duty of any and all
persons Who may be found in or
about or  upon  such  agricultural
lands  to furnish  to the Agricultural Commissioner, or any of his
deputies, inspectors,    agents,    or
employees, and to such peace officers,   all   requested   information
relative  to the    occupancy    and
farming of said lands, and to exhibit to such peace officers and
said   Agricultural   Commissioner,
and each of his deputies, inspectors,  agents and  employees,  upon
demand,  any and all legal documents,  including leases,  cropping
contracts   and   other   instruments
under   the   control   of   such   persons   and   invoTved   in. the   occupancy or possession of said lands.
Any  person  who  interferes with
any such peace officer, or the Agricultural   Commissioner,   or   any
of his inspectors, deputies, agents
or employees, in the performance
of  their  duties under  the  terms
and provisions of this Ordinance,
or   who   shall   fail , or   refuse   to
comply with  the  terms and  conditions hereof,  shall be guilty of
a misdemeanor, and upon conviction thereof shall be punished as
provided in Section 9 hereof.
Section 11. The District Attorney of the County of Imperial
is hereby empowered and authorized, and it shall be his duty to
enforce the provisions of thi$
Ordinance, and said District Attorney is hereby authorized to
maintain proceedings in proper
courts and tribunals: against all
persons who are found to be violating any of the terms and provisions of this Ordinance to enjoin such persons from carrying
on farming operations or performing any of the acts prohibited by this Ordinance; and said
District Attorney is further hereby empowered to maintain civil
proceedings in the proper courts
and (tribunals and in the name
of the People of the State of
California to cancel all lease contracts, cropping contracts and/or
any other types of contract,
whether written or oral, violating, or appearing to violate, any
of the terms and provisions of
this Ordinance, or of the laws of
the  State of  California.
Section 12. It shall be unlawful for any alien enemy to have
in his possession, or under his
custody and control, any shotgun,
rifle, pistol, revolver, or any other
recognized firearm whatsoever.
Any^such firearm shall be summarily seized by' the Sheriff, or
by any peace officer of the County of Imperial, and if so seized,
shall be confiscated or destroyed
by said Sheriff, or any such peace
officer, upon order of the Superior Court. Any violation of this
section shall constitute a misdemeanor, and upon conviction
thereof such alien enemy sha1! be
punished as provided in Section
9 of this Ordinance.
Section 13. It shall be unlawful for any alien enemy to have
in his possession, or under his
custody and control any carrier
pigeon, or carrier pigeon facilities, short wave radio apparatus
(Continued on other side)
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