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HomeMy WebLinkAbout109 - Disorderly Conduct ProhibitedI?Q�T9Cr NO, 109 1,3 ORDTINAN OF THN' CIT1- 0!" �, )ST -1 PROS BITI?rG DISORDERLY CONDUCT AND FROVID[MG P IMUUTY FOR THE VIOLATION `1'Ml MOV. The City Council of the Ci':yT of Costs. Mesa does Ordain as follows: SECTIM, 1. PROt{AATITY. No person shall use vulgar, profane or indecent ].-angnag,2 on aW public street oc ot;ier public place or in any publio dance hall.. public dance, cl;•:b 3.:r —, skating rink, or place of business o,,,;:" 2 to nab _ic pz,turo_'.3,_;f:,' to th-- ^,_i.ty, SEOW 2. Al)U?,'Tr.i r +7'2 r";=,TY':i : _.`:t_; ',. t?o pc on shall CT co:tinit the act of rdultery c n: ostitut-ion any ':. ,ro within the City. SEC•TTO'%' 3. VAG° MTC`' T'='.+. >,c`, i.s Frchibitc0. and shall be unlawful ar>` u.,� ere wit1hin the City. SFC -70M 4. VAGRANCY ll s'iAT ..3. � F. ,g>> ar t• 74 ;; ;i.^. the raeanin„ of this Ordinance is defined as: 1. Every person {eu'oiy`, a ( a? a_foraia. Indian) without �-Isible means of living who has the phy•Tsic:a.''_ abil.lty to work, and who does not se -3k eraplo;nnent, nor laboar, whan emplo J;�3nt is offersd 1,Un.; or, 2. Svery beggar who solicits -L-as es a business; or, 3. Fvc--_7 person -Aio roams about. from place to place without arW lawful h;usir, ass; or !�. E`very person known -::o I,7 a pickpociaet, thief, burglar or confidence operator, either by his own Lurrf'ess err,, cr 1W his 'having been convicted of eit nr such offenses., and hat-J.n.; nc vis-ible or lawft.1 raeans of support, :;heq founel loitering around ruLv '_-5_a. iastitntlon, broker's office, place of amuser;.art, auctl_ola-room, s',:;re, sl :, or thoroughfare, car, or omnibu9, or a,�► public gathering or 5. ;very idle, or lc -.4, or px;r3 n, or associate of kno„rn thie"s; or; 6. ;very person w:ho ",3jiders ;bout t:,c ewriet3 at late or unusual i�} �? 2i� .._t,, ?v? Ll10Ut Vt`' :..�� s: y,,, r•, ?�... j rin o hours o f �} nr 7. _?vci"j person who lodge_- ii -i aiiy shed, shop, outhouse, or place other t. -._n such as is lceept for lcx��irg puT-.uses, ti.,ithout the perriissicn i of the owner or party ontitled to� tree 1)c3s �3:i.O;:i '��eraof; or J 8. Every person wno liras . in and about houses of 311 -fame; or ?. Every person who acts as a runner or capper for attorneys -in anLl about police courts or city jails; or, 10. Evei7 ctw nan prostitute; or, 11. E7ery common drunkard. SECTIo?, S. INDE ETT EU-OSU`?E IN PUBLIC PLACE PROHIBITED. No person shall publi-cly e:, -,pose his person or make indecant „estures or urinate iii any public place within the corporate 1:`_ :►its of the City, whereby the good order is violated or public decency is odtraged, SP]CTIOR 6. SOLICITI 'I FCr TLY. ._CIT PUAP0S);S, o person upon aryy pub' o street or in wV rooming house, 1(x1giug house, :Hotel or other place in the City GhAl.l solicit a person of the apposite sex, to whole she or he is not married, to have sexual intercourse witli such persc)n so solicited. SECTION 7. RCY0,4LMI HOUSE. No person shall r. Boort, to any rooming noose, lodging house, hotel or oth'ar. plana in t.'he City for the purpose of havi%w tharein sexual intercourse *A.th a person to w cm he or sho is not la xully inarricd. SECTION 8. RL24TINa R001-1. No person shall rent, let or assign any room or apartment in the City ;with the Mderatand ng or belief that such row, or apartnant is to be used by the person to whose its so let, rented or .signed for the purpose cf unlawful sexual intercourse. SECTION er. P.ISORMLY HOUSE. No person shall keep, or becoms an innate or, be a. visitor to, or in any manner contribute to the support of arty disorder',y house or house of. ill .fame. within the City, or knoveingly let or sublet or transfer the possession of any horse or lands or other place for use cy arC, poison Tor ary ;purpose r:ientioned in Sections 7 or. 8 of this Ordinance. SECTION 10. PMU LTIES. Any person, firm or corporation violating arq of the previsions of this Ordinance shall be guilty of a misdemeanor and shall be punished tyy a fine of not more than '500.00 or by imprisonment in the City -)r County jail for not more than six (6) months, or by both such fine and 1mprisonaeat, SECTION 11. VALIDITY. If any section, sub --section, clause or phrase of this Ordinance is, for a:7 reason., held to be unconstitutional, such decision W'.a s s shall not affect the validity of the remalninC portio; of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, sub -section, senterce, elmse, and phrase thereof, irrespective of the fact that axlr one or more of the sections, sub -sections, sentences, clause:: or phrase; :tight be declared u-neonstitutional. SECT1011 12. URG`rTRCY. This Ordinance is adopt -ed as an urgency Ordinance. The nc is constittiti.ng the urgency are as follows: The City of Costa Mesa, having; been i ;cerpo, atad on Jwae 29, 1953, has no measures to protect its pncvic and to give its Police Department authority to preserve t'io public psar:n and dignity. SECTION 13. This Ordinance shall take effect immediately and within fifteen (15) flays thereafter, this Ordinance, together with the names of the members of is City Council vDtin; for and against the same, shall be published once the Costa Mesa Globe Herald, a newspaper printed in the City of Costa McF.v. PASSED ANI? ADOPT&D this 17th day of October, 1955. t ATTEST- ; V.... M cleiTc o�"Fie` t of toMesa STATE OF CALIFORNIA) COUNTY OF ORANGE ),13 _ -- - CITY OF COSTA JXESA) - - 1, A. C. S.-.TRTZ, City Clerk and ex -officio Clerk of the City Council of the City of Ccs-';. Mesa, do hereby certif�r that at an adjourned regular meeting of the Cit.,— Council of the City of Costa Mesa, held on the 17th day of Octob3r, 1955, the foregoing Ord-nanee was considered section by section and. that slid OrCtlance was then passed and adopted as a whole by the following vote: AY';.7: Councilmen Nelson, Martin, Smith, Pinkley and TeWinkle Councilmen - None ARSLZVT: Councilmen len -- None IN :JIWT33S *' HEM OF I have hereunto set PV h<z^d and affixed the ofriciel seal of the City of Costa Mesa this 21st doy of Oct.ofx,-r,15-55. '1 .� n. lie ,, Clerk of the City Council of the City ol" Costa :iesa, Califoznia -3- ORDINANCE NO. 109 I Ordinance shall be guilty of a mis N ORDINANCE OF THE CiTY demeanor and shall be punished AF COSTA MESA PROHIBIT. by a fine of not more than $500.00 iN'G DISORDERLY CONDUCT or by imprisonment in the Cfty or AND PROVIDING PENALTY County jail for not more than six FOR THE VIOLATION THERE. (b) months, or by both such fine OF, and imprisonment. The City Council of the City of SECTION ]I. VALIDI'T'Y. If any Costa Mesa does ordain as fol- s e c t i o n- sub -section, clause or lows. phrase of this Ordinance is, for SECTION 1. PROFANITY. No any reason, held to be unconstitu- person shall use vulgar, profane tional. such decision shall not af- Ior indecent language on any pub- feet the validity of the remaining lic street or other public place or portions of thin Ordinance. T h e in any public dance hall. public City Council hereby declares that dance, club dance, skating rink, it would have passed this Ordin- -or place of business open to pub. ance, and each section, sub -sec- tion, sentence, clause, and phrase thereof, irrespective of the fact SECTION 2. ADULTERY OR that anv one or more of the sec - PROSTITUTION. No person shall tions, sub -s e c t i o n more. commit the act of adultery or pro-, clauses o• phrases might be de- stitution anywhere within the City. clared unconstitutional. SECTION 3. VAGRANCY PRO. SF:(:TION I?. URGENCY. This hIBITED. Vagrancy is prohibited Ordinance is adopted as an ur- and shall be unlawful anywhere gent.,. Ordinance. The facts con - within the City. slilutinc,- the urgency are as fol- SE,CTIUN 4. VAGRANCY DE. lows: Thr Cily of Costa 9lesa, FINED. A vagrant within the having been incorporated on .lune meaning of this Ordinance is de. 29 1953, has no measures to pro- fined as: feet its people and to give its 1. Every person (except a Cali- fornia Indian) w i t h o u t visible I preserve the public peace and dig - means of living who has the phy- I nit, sical ability; to work, and who, SECTION 13. ENACTMENT. does not seek employment nor i This Ordinance shall take effect labor, when'. employment is offer. immediately and within fifteen ed him; or,- (15) days 'thereafter, this (hdin- 2. Every beggar who sotictts!ance, together with the names of alms as a business; or, the members of the City Council 3. Every person who roams voting for and against the same, about from place to place without, shall be publisher) on(r in the Cos - any lawful business; or to Mesa Globe Herald. a news - i 4. Every person, wp to be a paper printed in the City of Costa. pickpocicl. tlgof filar or con - Mesa fidence operator, either by his own PASSED AND ADOP'T'ED this confesston,'or. by his having been 17th day of October, 1955. convicted of either such offenses, C. M. NET and having` no visible or lawful Mayor of the Ctity of Costa Mesa means of support, when found loit. ATTEST- ering around any banking instittrA. C. SWAR'1'f tion, broker's office, place of City Clerk of the City of Costa amusement, auction-roout, store,! Mesa shop or crowded thoroughfare, 1 STA'T'E OF CALIFORNIA) car, or omnibus, o• any public COUNTY OF ORANGE) SS gathering or assembly; or, CITY OF COSTA MESA) 5. Every idle, or lewd, or dis I. A. C. SWARTZ, City Clerk solute person, or associate Of and ex -officio Clerk of the City known thieves; or, Council of the City of Costa Mesa, 6. Every person who wanders do hereby certifv that at an ad about the streets at late or un- journed regular meeting of t h e usual hours of the night. witbout City Council of the City of Costa Jany visible or lawful business; or Mesa, held on the 17th day of Oc. 7. Every person who lodges in I tober, 1955, the, foregoin^ Ordin- any barn, shed, shop,'ou (house, or; ance was considered section by place other than such as is kept section and that said Ordinanc: for lodging purposes, without the. was then passed and ad.,pied as a permission of the owner or party whole by the following vole entitlted to the possession there- AYES: Councilmen Nelson, mai °i cr tin, Smith, Pinkley and TeWinki_ F. Every person who live.; in NOES: Councilmen --Non-! an,i about houses of ill -fame; or; ABSENT: Council — None 9. Every person who arts as a' 1N WITNESS WHEREOF 1 ham runmrr -r capper for attorneys in hereunto set my ham! ani ahixe,: and about police courts or city the official seal of the City of Co: tails; or, to .ttesa this 21s+ day of Oci,,bc. 10. Ever.- common prwOut.e- t9'.�. jor, i, C. Swartz. Citv Clerk had ex 11. Every common drunkard. officio Clerk of the City Council of SECTION S. INDECENT EXPO the City of Costa Mesa, Califor SURE IN PUBLIC PLACE PRO- nia. HiBITED. No person. shall pub Published Costa Mesa Globe 8e. - lic!y expose his person or make in- ald Oct. 27, 1955 Costa Mesa, Calif. decent gestures or urinate in any- -- --. nubileplaceplace within the corporate limits of the Citi-, whereby the good order is violated or public I decency is outraged. SECTION 6. SOLICITING FOR ILLICIT PURPOSES. No person upon any public street or in any rooming house, lod4ing house, ho- tel or other place in the City shall solicit a person of the opposite sex, to whom she or he is not married, to have sexual inter. course with such person so solicit- ed. SECTION 7. ROOMING HOUSE No person shall resort to any rooming house, lodging house, ho- tel or other place in the City for the purpose of having therein sex- ual intercourse with a person to whom he or she is not lawfully married. SECTION 8. RENTING ROOM. NO ;;arson shall rent, let or as-'; sign any room or apartment in the City with the understanding or be lief that such room or apartment is to he used by the person to ! whom it is so lel, rented or as- signed for the purpose of unlaw- ful sexual intercourse. S F, C T 10 N 9. DISORDERLY HOUSE. No person oshall keep, or become an inmate •, be a visit- ' or to, or in any manner contri- bute to the support of any disor- derly house or house of ill fame within the City, or knowingly let or sublet or transfer the posses- sion of any house or lands or oth er place for use by any person for any purpose mentioned in Sec. itions 7 or 8 of this Ordinance. SECTION 10, PENALTIES. Any person, firm or corporation vio- lating any of the provisions of this STATE OF CAIJFORNIA f County of Orange I, FRI11_Signs"; —, being first duly sworn, and on oath depose and say that I am thepla of the Costa Mesa Globe -Herald, a weekly newspaper printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of pr -C}. No- }09 of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper for_— consecutive weeks: to -wit the issue(s) of 195--- 0=----t- 27- — -, 195- 195___ 195--- 195— (signed) M&4__ Subscribed and sworn to before me this --.—.—.—..—day of _ 195 .1 LX. tary iublic in and for the County of Orange, State of California.