HomeMy WebLinkAboutCC Ord 597 1961-10-16
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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.
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20 SECTION 2. Other Activities Prohibited.
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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
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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: .
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City Clerk
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