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HomeMy WebLinkAboutCC Ord 597 1961-10-16 I I I 24 25 26 27 28 29 :'0 31 32 . , 1 2 :3 4 5 6 7 8 9 10 11 CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. 597 AN ORDINANCE PROHIBITING THE TELLING OF FORTUNES AND SIMILAR PRACTICES WITHIN THE CITY OF SEAL BEACH, AMENDING ORDINANCE NO. 472, ENTITLED "LICENSE CODE" OF THE CITY OF SEAL BEACH BY REPEAL- ING SECTION 3.285, ENTITLED "FORTUNE TELLING" AND SECTION 3.371, ENTITLED "PUBLIC ENTERTAINMENT BY 'MIND READING', AND DECLARING THE URGENCY THEREOF AND THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Fortune Telling and Similar Practices Prohibited. Every person who carries on, practices or professes to practice the business or art of astrology, phrenology, life read- ing, fortune telling, cartomancy, clairvoyance, clair-audience, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, numerology, physiognomy, seer ship , pDophecy, augury, divination, magic or necromancy, or other similar art or business, and demands or re- ceives directly or indirectly a fee or reward, or who accepts any donation for the exercise or exhibition of his art therein, or who give an exhibition thereof at any place where an admission fee, donation, or reward is charged or received, directly or indirectly, or who teaches or gives instruction in any such art or business and demands or receives, directly or indirectly, a fee or reward, or who accepts any donation for such teaching or instruction, is guilty of a misdemeanor. 12 13 14 15 16 17 18 19 20 SECTION 2. Other Activities Prohibited. 21 22 2:3 Every person,who, by means of occult or physhic powers, faculties, or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries' or any craft or art described in Section 1 hereof, or similar art or craft, purports to or does find or restore lost or stolen property, locate oil wells, gold or silver or other ore or metal or natural product, restore lost love or friendship or affection, unite or procure lovers, husbands, wives, lost relatives, or friends, or by such means gives any counseling or advice whatso- ever, and who demands or receives directly or indirectly, a fee or reward or who accepts any donation therefor, is guilty of a misdemeanor. SECTION 3. Advertising Prohibited. Every person who advertises by sign, circular, handbill or in any newspa~er, periodical or magazine, or other publication or publications, or by any other means, that he will do anything which is prohibited by this Ordinance, is guilty of a misdemeanor. SECTION 4. Exception--Ecc1esia'tica1 Groups. This Ordiaance does not apply to, and it shall not be -1- l , . I I , II 1 2 I :3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 Ordina.~~ ~umber . . , construed to interfere with, the belief, practices or usage of an incorporated ecclesiastical governing body or the duly licensed teachers or ministers thereof acting in good faith and without personal fee. SECTION 5. Ordinance No. 472, entitled "License Code" of the City of Seal Beach is hereby amended by repealing Section 3.285, entitled "Fortunetelling " and Section 3.371, entitled "Public Entertaimnent by 'Mind Reading'''. SECTION 6. BENALTY PROVISIONS. Any person violating any of the provisions of this ordinance is gil1ty of a misdemeanor, and upon conviction thereof shall be punishib1e by a fine of not to exceed Five Hundred Dollars ($500.00) or by tmprisomnent in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisomnent. SECTION 7. DECLARATION OF FAC'tS CONSTITUTING URGENCY. The City Council of the City of Seal Beach finds and determines that the advertising and the practice, and the advertising or practic- ing of astrology, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clair-audience, crystal gazing, hypnotism mediumship, mesmerism, oriental mysteries, palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, numerology, physiognomy, seer ship , proPhecy, ang~ry, divination, magic or necromancy, or o.ther similar art or business do, and each of them does, constitute a public nuisance and an unlawful attempt to solicit and obtain monies from the general public, and that said advertising and each of said practice has no reasonable basis or foundation in religion or science. The City Council therefore finds and determines that this Ordinance is required for the immediate preservation of the public peace, health and safety. SECTION 8. SEVERABILITY. If any section, subsection, sentenc , clause, phrase, or portion of this Ordinance, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validtty of the remaining portions of this Ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this Ordinance and each section, sub-section, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more subsection, section, sentence, clause, phrase, or portion be declared invalid or unconstitutional. SECTION 9. EFFECTIVE DATE. This Ordinance, being an Ordin- ance required for the immediate preservation of the public peace, health and safety, shall take effect immediately upon its adoption hereof. Norma Brandel Gibbs Mayor 2~ ATrEST: . i>0 ~0 ~~. 31 32 City Clerk -2- /P.tP/,~ -tt7~~ /96/