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NS-1452
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Last modified
1/3/2012 1:04:34 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1452
Date
9/18/1978
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ORDINANCE NO. NS- 1452 <br />PAGE TWO <br /> <br />(g) <br /> <br />Inform and give notice to persons named <br />in section 12-103(a) that: <br /> <br />(1) <br /> <br />The city council has determined <br />that a public nuisance presently <br />exists at such place and address, <br />and has revoked the licenses and <br />permits at that place, subject to <br />court confirmation, and that, un- <br />der section 12-103(a) hereof, they <br />are deemed to have knowledge there- <br />of and are responsible therefor; <br /> <br />(2) <br /> <br />The city council has ordered the <br />city attorney, as provided for <br />under section 12-105 hereof, to <br />commence legal proceedings naming <br />such persons as defendants in a <br />civil action to abate the same <br />judicially under Civil Code section <br />3494 and Code of Civil Procedure <br />section 731, and to seek compen- <br />satory and punitive damages, and <br />recovery in said action of the <br />costs of abatement, including in- <br />vestigative costs, court costs, <br />attorney fees, and other expenses; <br /> <br />(3) <br /> <br />Ail lewd motion picture films being <br />used in conducting and maintaining <br />such public nuisances are considered <br />to be contraband and the subject of <br />forfeiture; <br /> <br />(4) <br /> <br />The lewd motion picture film or <br />films which are being used in con- <br />ducting and maintaining such public <br />nuisance will be needed at the hear- <br />ing in court having jurisdiction of <br />the legal proceedings brought by the <br />city attorney, pursuant to Evidence <br />Code section 1503; and <br /> <br />(5) <br /> <br />From and after service on the place <br />or its manager or acting manager, or <br />person then in charge of such place, <br />of a certified copy of this ordin- <br />ance and a certified copy of such <br />resolution, any and all moneys paid <br />as admission price to or for the <br />exhibition or exhibitions of such <br />lewd motion picture films are con- <br />sidered to be a public nuisance, as <br />personal property used in conducting <br />and maintaining such nuisance and as <br />gain derived from a wrongful act, <br />contrary to the provisions of Civil <br />Code section 2224, and that forfeiture <br />of the same will be requested in the <br />judicial proceedings required herein. <br /> <br /> <br />
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