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EJC:adg 8/29/85 ORDINANCE NO. NS-1801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF-SANTA ANA REPEALING SECTION 10-46 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FORTUNE- TELLING WHEREAS, on August 15,1985, in the case of Spiritual Psychic Science Church of Truth, Inc., et al. vs. the City of Azusa, the Supreme Court of the State of California determined that fortune-telling for compensation is a right protected by Article I, Section 2 of the California Constitution; and WHEREAS, since 1952, the City of Santa Ana has prohibited what appears to be inherently deceptive and fraudulent practices of palmistry, fortune-telling, clairvoyance, mental telepathy, astrol- ogy, or any other calling or avocation by which such person claims to tell the past act or history of another person or who claims to foretell or prophesy the future acts or life of another for a con- sideration; and WHEREAS, the City Council of the City of Santa Ana.is constrained to follow the law as enunciated by the highest court of the State of California; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by repealing Section 10-46. . SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutuional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City .Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or uncon- stitutional.