HomeMy WebLinkAboutNS-1801 - City of Santa Ana Repealing Section 10-46 of Santa Ana Municipal Code Relating to Fortune-TellingEJC: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.
ORDINANCE NO. NS-1801
PAGE TWO
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof, re-
quired to be posted, filed or deposit pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 't4th day of 0ct0ber , 1985.
ATTEST:
Daniel E. Griset
Mayor
enir ' theYcou/nc
COUNCILMEMBERS:
Griset A e
Acosta ~
Hart Absent
Johnson Wy
Luxembourger Aye
McGuigan ~
Young -~
APPROVED AS TO FORM: