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