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KLG:adg <br />10/22/76 <br /> <br />RESOLUTION NO. 76-134 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA DETERMINING THAT THE <br />REAL PROPERTY AND ACTIVITY KNOWN AS THE <br />MITCHELL BROTHERS' SANTA ANA THEATER, <br />LOCATED AT 1565 WEST 17TH STREET, SANTA <br />ANA, CALIFORNIA, IS IN VIOLATION OF <br />ORDINANCE NS~.1325 OF THE CITY OF SANTA <br />ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC <br />NUISANCE, REVOKING ALL LICENSES AND PERMITS, <br />AND ORDERING ABATEMENT; AND ORDERING THE <br />CITY ATTORNEY TO TAKE ALL STEPS NECESSARY <br />TO COMPLY WITH SECTION 12-105 OF THE SANTA <br />ANA MUNICIPAL CODE. <br /> <br /> BE IT RESOLVED by the City Council of the City of <br />Santa Ana: <br /> <br /> Section 1. Pursuant to Section 38771 of the Govern- <br />ment Code which authorizes the City Legislative Body to declare <br />by Ordinance what constitutes a nuisance, the City Council of <br />Santa Ana did, on the 5th day of January, 1976, adopt Ordin- <br />ance No. NS-1287 which became effective on the 18th day of <br /> February , 1976, and did supersede the same with <br />Ordinance No. NS 1325 , adopted as an urgency Ordinance <br />on the 4th day of October ,1976, to become <br />effective immediately upon adoption. Said Ordinance declares: <br /> <br /> A. Any and every place in the City of Santa Ana <br />where: (1) lewd films are publicly exhibited as a regular <br />course of business, or possessed for the purpose of such ex- <br />hibition; or (2) a lewd film is publicly and repeatedly ex- <br />hibited, or possessed for the purpose of such exhibition, to <br />be a public nuisance. <br /> <br /> B. Any and every lewd film which is publicly exhib- <br />ited or possessed for such purpose at a place which is a public <br />nuisance under (A) above, to be a public nuisance per se. <br /> <br /> C. From and after service on the place, or its <br />manager, or acting manager, or person then in charge of such <br />place, or a certified copy of Ordinance No.NS 1325, and a <br />certified copy of the Resolution authorized by said Ordinance, <br />all moneys paid thereafter as admission price to such exhib- <br />itions are also a public nuisance, as personal property used <br />in conducting and maintaining a declared public nuisance. <br /> <br /> D. Upon receiving notice through service of a <br />certified copy of Ordinance N~1325 and of a certified copy <br />of the Resolution authorized by said Ordinance, any and every <br />person who shall own, legally or equitably, lease, maintain, <br />manage, conduct, or operate a place in the City of Santa Ana <br />where lewd films are publicly exhibited, or possessed for the <br />purpose of such exhibition in the regular course of business, <br />or where a single lewd film is publicly and repeatedly exhib- <br />ited, or possessed for the purpose of such exhibition, is <br />deemed to be a person who has knowledge of such nuisance for <br />purposes of said Ordinance and this Resolution and is, there- <br />after, responsible for its maintenance, and shall be liable <br />therefor. <br /> <br /> <br />