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ORDINANCE NO. NS-1287 ~TE: AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 12-100 THROUGH 12-105 TO THE SANTA ANA MUNICIPAL CODE DECLAR- ING THE COMMERCIAL EXPLOITATION OF PATENTLY OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS AND THEATRES EXHIBITING THE SAME TO BE A PUBLIC NUISANCE AND ORDER- ING THEIR ABATE~IENT KLG: rs 12-31-75 REPEALED BY: ORDIB Ns 5- I-7- 1 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 12-100, which said section reads as follows: Sec.12-100. Purpose and Effect. The City Council finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare and the develop- ment of human personality; is indecent and offensive to the senses and interferes with the comfortable enjoyment of life and property, in that such interferes with the inter- est of the public in the quality of life and total community environment, the tone of commerce in the City, property values, and the public safety; and that the continued opera- tion of such activities is detrimental to the best health, safety, convenience, good morals and general welfare of the City of Santa Ana, and of the residents, citizens, inhabi- tants and businesses thereof. Pursuant to ~§ 38771, 38773 and 38773.5 of the Government Code, ~ 731 of the Code of Civil Procedure, and ~ 3479, 3480, 3491 and 3494 of the Civil Code, the City Council hereby declares such activi- ties to be a public nuisance, and herein establishes pro- cedures for the abatement thereof. This ordinance shall apply to existing establishments which are presently engaged in the type of activity herein declared to be a public nuisance. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 12-101, which said section reads as follows: Sec. 12-101. Definitions. (A) "Lewd Film" means any motion picture film: (1) which the average person, applying contem- porary community standards, would find, when considered as a whole, appeals to the prurient interest; and (2) which depicts or describes patently offen- sive representations or descriptions of: (a) ultimate sexual acts, normal or per- verted, actual or simulated; or (b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.