In Re Means

THE COURT.

A rehearing was granted in this matter in order to give further consideration to the questions presented, and particularly to permit the department of public works an opportunity to be heard.

After reargument and the study of additional briefs we still adhere to our original conclusions, keeping in mind that we are considering primarily the right given to a municipality, to make and enforce within its limits all necessary police and sanitary regulations not in conflict with general law.

As we heretofore stated petitioner was charged with a violation of Ordinance No. 496, fourth series, section 3, and was convicted and imprisoned therefor.

This ordinance is entitled “An ordinance regulating plumbing in the City of Sacramento; providing for the examination of and issuance of certificates of registration to qualified plumbers; ...”

It defines “plumbing work” as including “all water and sewer pipes, drainage and water pipes and vent pipes in or pertaining to any building or lot upon which same is situated, . . . ; also all material and work used in new construction or reconstruction . . . ; also all pipes in connection with the vapor or waste of any kind which may be discharged into the sewers or drains or vent pipes”. It makes it unlawful for any person to engage in the plumbing business without first procuring from the health officer a certificate of registration authorizing such acts; and then declares it unlawful for any person to perform such labor without first obtaining such certificate and prescribing a penalty therefor.

In the instant case petitioner was a civil service state employee, assigned to and engaged in the work of a plumber by the state of California at the state fair grounds in Sacra

[292]

mentó. The fair grounds lie within the corporate limits of the city of Sacramento. He earned Ms status by virtue of having passed the necessary examinations required by the provisions of article XXIV of the state Constitution, the Civil Service Act (Stats. 1937, chap. 753) and the rules and regulations of the state personnel board. He did not have a registration certificate as required by the foregoing ordinances of Sacramento, hence Ms arrest and imprisonment.