Ord 173ORDINANCE NO. 173
AN ORDINANCE OF THE CITY OF POW-AY, CALIFORNIA
REPEALING SECTION 9.32.010 AbD SECTION 9.32.030
AND ADOPTING NM~ S~CTION 9.32.010 OF fMAPTER 9.32
OF THE POW-AY ~-3NICIPAL ~ODE RMGARDI~
~"O~.T.TNG ~ Rk-%.~ED OCCUPATIONS
WHEREAS, Chapter 9.32 of the l~way Municipal CDde is intended as a means of
controlling policy problems caused by abuses and consumer fraud as a result of
fortunetelling and related occupations; and
WHEREAS, recent decisional law has rendered unconstitutional the existing
Section 9.32.010 banning such occupation.
NOW, THEREFORE, THE CITY GDUNCIL OF THE CITY OF PO~AY DOES ORDAIN AS
FOLLOWS:
SECTION 1: Sections 9.32.010 and 9.32.030 of the Poway Municipal Code are
herby repealed.
SECTION 2: A new Section 9.32.010 of Chapter 9.32 of the Poway Municipal
Oode shall be added to read as follows:
9.32.010 En~a~in~ in or Advertisin~mBondinq and Licensing.
No person shall engage in, conduct, advertise, or carry on the occupa-
tion, business, science, or art of astrology, palmistry, phrenology,
life reading, fortunetelling, ca~cy, clairvoyance, necromancy, or
other occult art or science, for entertainment or otherwise, without
posting a bond in the amount of $1,000, and complying with the business
certificate provisions set forth in Chapters 5.02 and 5.04 of this Code
and the zoning provisions of this Code.
If any provision or clause of Chapter 9.32, or application thereof to
any person or circumstances 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.
~I~FECTIVE DATE: 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. 173
Page 2
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 24th day of September, 1985, and ther~ter PASSED AND
ADOPTED at a regular n~cting of said City Council held the 1st day of October,
1~85, by the following roll call vote:
AYES: COUNCIl: KRUSE, ORAVEC, SHEPARDSON, TARZY, ~ERY
joriO. Wahlsten, City Clerk