Ord 161ORDINANCE NO. 161
AN ORDINANCE OF THE CITY OF PO~AY, CALIFORNIA
ADDING SECTION 9.32.030 OF CHAPTER 9.32
OF THE P0~AY MUNICIPAL CODE REGARDING
F(.')I:~,~?JNEq_.'~',T.T.TNG ~ RRTATED OCCUPATIONS.
WHEREAS, Chapter 9.32 of the Poway Municipal Code is intended as a means of
controlling police problems caused by abuses and consumer fraud as a result of
fortunetelling and related occupations; and
WMW. REAS, recent decisional law may render unconstitutional the existing
Section 9.32.010 banning such occupations.
NfTN, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: In the event that ultimate decisional law renders the prohi-
bition of the existing Poway Municipal Code Section 9.32.010 unconstitutional,
this amenc~nent will take i~ediate effect.
SECTION 2: That Section 9.32.030 of Chapter 9.32 of the Poway Municipal
Code shall be added to read as follows:
"9.32.030 Engaging in or Advertising--Bonding and Licensing.
A. In the event that the prohibition of Section 9.32.010 is adjudicated to be
invalid, no person shall engage in, conduct, advertise, or carry on the occupa-
tion, business, science, or art of astrology, palmistry, phrenology, life
reading, fortunetelling, cartcmancy, clairvoyance, necrcmancy, or other occult
art or science, for entertair~nent or otherwise, without posting a bond in the
amount of $1,000.00, and complying with the business certificate provisions set
forth in Chapters 5.02 and 5.04 of this Code.
B. If any provision or clause of Chapter 9.32, or application thereof to any
person or circ~nstances is held invalid, the invalidity does not affect other
provisions or applications of the Chapter, and to this end the provisions of
this Chapter are severable."
SECTION 3: This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and members
voting for and against the same in the Poway News Chieftain, a newspaper of
general circulation published in the City of Poway.
Ordinance No. 161
Page 2
Introduced and first read at a regular meeting of the City Council of the
city of Poway held the 26th day of Febr~ary, 1985, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 5th day of March,
1985, by the following roll call vote:
KRUSE, ORAVEC, SHEPARDSON, TARZY ~
NONE
Robert C. Emery, yo /
/
Marj6r~E. Wahlsten, City Clerk