ORD-49-85 REPEALS THE PROHIBITION OF FORTUNETELLINGORDINANCE NO. 49-
85 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE REPEALING SECTION 9.20.
010 OF THE ORANGE MUNICIPAL CODE CONCERNING
THE PROHIBITION OF FORTUNETELLING AND
DECLARING A MORATORIUM ON THE PRACTICE OF
FORTUNE-TELLING FOR A PERIOD OF NINETY DAYS TO
ALLOW CITY COUNCIL AND STAFF OPPORTUNITY TO
STUDY MATTER AND ADOPT APPROPRIATE
LEGISLATION.WHEREAS, the California Supreme Court in
Spiritual Psychic Science Church of Truth, Inc. v. City of
Azusa declared that Azusa's ordinance which prohibited the
practice or business of fortunetelling in that city was in
violation of the free speech provisions (Article I, Section 2) of
the California Constitution;
and WHEREAS, the City of Orange has an ordinance
very similar to the Azusa ordinance which the Supreme
Court overturned;
and WHEREAS, the City Council has determined that
Orange Municipal Code Section 9.20.010, which prohibits the
practice or business of fortunetelling in the City, should be
repealed and legislation adopted which will provide reasonable
regulation of the time, place and manner in which the practice
or business of fortunetelling may be conducted in the City;
and WHEREAS, the City Council desires to declare a
moratorium on the practice or business of fortunetelling for
approximately ninety (90) days to study the regulation of
fortunetelling,tQ hold public hearings and to take testimony, and to
draft appropriate regulatory legislation;
and WHEREAS, in accordance with California Government
Code Section 36937, the City Council declares that the
immediate preservation of the pUblic peace and safety require
the adoption of this Ordinance as an urgency measure to
become effective immediately upon
adoption.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
I
Section I:
Section 9.20.010 of the Orange Municipal Code which
prohibits the practice or business of fortunetelling is
hereby repealed.
Section II:
The City Council of the City of Orange hereby declares
a moratorium on the practice or business of fortunetelling
within the City to allow the Council and staff time to study
the matter and to prepare appropriate legislation. This
moratorium shall become effective at once and shall remain
in effect until February 26, 1986, or until such earlier
date as a permanent ordinance regulating fortunetelling
becomes effective.
Section III:
The facts constituting the urgency justifying the
enactment of this Ordinance as an urgency measure are as
follows:
The California Supreme Court declared the ordinance of
the City of Azusa prohibiting the practice or business of
fortunetelling in violation of Article I, Section 2 of the
California Constitution concerning free speech. Section
9.20.010 of the Orange municipal Code is similar to that
Azusa ordinance; the City's prohibition against fortunetelling
may not be able to withstand a challenge in court. The City
Council has determined that said Section should be repealed.
The City Council has further determined that fortunetelling
is a practice or business that requires reasonable regulation.
The City desires a reasonable time in which to study the
matter of regulation and to draft appropriate legislation.
A moratorium until February 26, 1985 is reasonably necessary
to protect the public peace and safety.
ADOPTED this 10th day of December 1985.
ATTEST:
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ORD 49-85 2 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council
held on the 10th day of December , 19..85., and
thereafter at a regular meeting of sald Clty Council duly
held on the 10th day of December , 19..8.5. was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
ABSTAIN:COUNCILMEN: SMITH
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rc;f 2 C Y of Orange
3 -ORD 49-85 u,_
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