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NS-1325
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Last modified
1/3/2012 1:04:44 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1325
Date
10/4/1976
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ORDINANCE NO. NS-1325 <br />PAGE TWO <br /> <br />tents <br />which <br /> <br />cipal <br /> <br /> (E) "Knowledge" means having knowledge of the con- <br />and character of the patently offensive sexual conduct <br />appears in such lewd film. <br /> <br /> SECTION 2: That section 12-I02 of the Santa Ana Muni- <br />Code is hereby amended to read as follows: <br /> <br /> Sec. 12-102. Lewd Films and Theatres Exhibitin9 the <br /> Same Declared a Public Nuisance; Abate- <br /> ment Thereof. <br /> <br />lar course <br />exhibition; <br /> <br />bited, <br />public <br /> <br />(A) Any and every place in the City of Santa Ana where: <br /> <br /> (1) lewd films are publicly exhibited as a regu- <br /> of business, or possessed for the purposes of such <br /> or <br /> <br /> (2) a lewd film is publicly and repeatedly exhi- <br />or possessed for the purpose of such exhibition, is a <br />nuisance. <br /> <br /> (B) Any and every lewd film which is publicly exhibited <br />or possessed for such purpose at a place which is a public nui- <br />sance under this section, is a public nuisance per se. <br /> <br /> SECTION 3: That section 12-103 of the Santa Ana <br />pal Code is hereby amended to read as follows: <br /> <br />Sec. 12-103. <br /> <br />Munici- <br /> <br />Knowledge of Nuisance Presumed From Ser- <br />vice of Cops of Resolution; Responsibility <br />of Parties Therefor; Abatement of Such <br /> <br />Nuisance. <br /> <br /> (A) Upon receiving notice through service of a certified <br />copy of this ordinance and of a certified copy of the Resolution <br />provided for herein, any and every person who shall own, legally <br />or equitably, lease, maintain, manage, conduct, or operate a place <br />in the City of Santa Ana which is declared to be a public nuisance <br />as set forth and stated in Subsection (A) of Section 12-102 is <br />deemed to be a person who has knowledge of such nuisance for the <br />purpose of this ordinance and is, thereafter, responsible for <br />its maintenance, and shall be liable therefor. <br /> (B) The places and subject matter declared to be pub- <br />lic nuisances under section 12-102 hereof shall be abated pur- <br />suant to Government Code sections 38773 and 38773.5, Code of <br />Civil Procedure section 731, and Civil Code sections 3491 and <br />3494, as provided for herein. <br /> SECTION 4: That section 12-104 of the Santa Ana Munici- <br />pal Code is hereby amended to read as follows: <br /> <br /> Sec. 12-104. Action to be Taken b~ City Council. <br /> <br /> Upon a specific finding that a public nuisance, as de- <br /> fined in Section 1£-102 hereof, exists in the City of Santa Ana, <br /> the City Council, in applying the provisions of this ordinance <br /> to such nuisance, shall provide for the following by Resolution: <br /> (A) Declare the fact that such nuisance exists; <br /> (B) Set forth the description or legal description <br /> and street address of the real property which constitutes the <br /> nuisance; <br /> <br /> <br />
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