NS-1325 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. NS- 1325 PAGE FOUR SECTION 5: That section 12-105 of the Santa Ana Muni- c±pal Code is hereby amended to read as follows: Sec. 12-105. Action to be Taken by City Attorney. Upon a specific finding by Resolution of cil of the fact that a public nuisance exists at a tion, the City Attorney shall: the City Coun- particular loca- LA) Forthwith, but not later than five working days after passage of said Resolution, commence legal proceedings under Civil Code sections 3491 and 3494 and Code of Civil Procedure sec- tion 731, by the filing of a civil action seeking the following relief: (1) named by the City An Order that the motion picture or pictures Council are lewd, as defined herein; (2) An Order that the place named by the City Council where the film or films are being exhibited is a public nuisance and that the action taken by the City Council to revoke the licenses issued to that place of business was lawful; (3) persons maintaining named lewd films at Ana; An injunction enjoining and restraining all said nuisance from exhibiting in public the any time in the future in the City of Santa (4) An Order that all positive prints of the named lewed films be forfeited as contraband; (5) An accounting of all moneys paid as admission price to or for the exhibition or exhibitions of such lewd motion picture films, from and after the time the persons maintaining said nuisance receive a copy of the Resolution of the City Coun- cil finding that a public nuisance exists, and a judgment that such moneys are a public nuisance; (6) An Order that all admission price moneys or valuable consideration received and enumerated in the Court ordered accounting be forfeited to the general fund of the City of Sa~taAaa as contraband, or as property belonging to the City of Santa Ana; (7) Judgment for the City of Santa Ana for all costs expended in abating the public nuisance, including inves- tigative costs, Court costs, reasonable attorney's fees, and such other expenses as are provided for herein; and (8) All other relief as the Court may deem proper. (B) File a notice of the pendency of the action in the office of the County Recorder of the County of Orange, pur- suant to Code of Civil Procedure section 409, giving the names of the parties, the object of the action, and a description of the property thereby affected. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of