HomeMy WebLinkAbout84-42 Extending the Effect of ORD 84-38, Enacting a Zoning Moratorium on Fortunetelling BusinessesORDINANCE NO. 84-42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, EXTENDING THE
EFFECT OF ORDINANCE 84-38 ENACTING A ZONING
MORATORIUM ON FORTUNE-TELLING BUSINESSES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds and de-
clares that Ordinance 84-38 was adopted as an urgency interim ordinance to
allow sufficient time for the City to prepare and to adopt a new ordinance
to regulate fortune-telling businesses; that the City has made a good -faith
and diligent effort to prepare and to process a new ordinance as discussed
in the "Fortune Telling Ordinance/Moratorium Status Report" and that addi-
tional time is needed to camplete the preparation and processing of the
new ordinance. Accordingly, the following urgency measure is adopted.
SECTION 2. Fortune-telling as defined herein is hereby prohibited
within the City of Costa Mesa during the term of this and any further
extension of the interim ordinance.
Fortune-telling, as used in this ordinance, shall include astrology,
palmistry, phrenology, lifereading fortune-telling, cartomancy, clairvoy-
ance, clairaudience, crystal gazing, mediumship, spirit photography, spirit
writing, spirit voices, spirit materialization, etherealization, prophecy,
augury, divination, necromancy, fortune-telling by handwriting analysis, or
other similar business or act.
This ordinance As adopted as an urgency measure to prohibit any uses.
which may be in conflict with a contemplated zoning proposal concerning
fortune-telling which the legislative body is considering or studying or
intends to study within the terms of this ordinance. This ordinance shall
be of no further force and effect ten (10) months and fifteen (15) days
frau the date of its adoption, unless further extended pursuant. to Government
Code §65858.
SECTION 3. 7he City Council finds and declares that there is a current
and immediate threat to the public health, safety and welfare, and that the
approval of additional land use permits, variances, or other applicable
entitlements for fortune-telling which is required to comply with the Costa
Mesa Municipal Code would result in a threat to public health, safety or
welfare. This current and immediate threat requires that this ordinance be
adopted and extended as an urgency measure, pursuant to Section 65858,
California Government Oode.
The reasons in support of'this finding are:
The case of Spiritual Psychic Science Church of Truth vs. City of Azusa
which is now pending before the United States Supreme Court raises questions
which may relate to the validity of Costa Mesa Municipal Code section 11-11
banning fortune-telling businesses within the City.
The possible invalidation of Section 11-11 of the Costa Mesa Municipal
Code constitutes a current and innediate threat to the public health, safety
and general welfare because the Municipal Code contains no provisions
regulating fortune-telling businesses.
Time beyond a 45 -day moratorium established by Ordinance 84-38 is
required to study the problem and possible solutions and to draft and adopt
a new ordinance to control and regulate fortune-telling businesses.
SECTION 4. his ordinance shall take effect and be in full force immed-
iately fran and after the passage thereof, and prior, to the expiration of
fifteen (15) days 'fran its passage, shall be published once in the Orange
Coast Daily Pilot, a newspaper of general circulation, printed and published
in the City of Costa Mesa, together with the names of .the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this
ATTEST:
)2 0 ) . a . L-'Zu
/' Vu'j - I
y Clerk of the City of Costa r
a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
C.
APPROVED AS TO FORM
'f
CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Co to Mesa, hereby certify that the above and fore-
going Ordinance No. 8'JLAIoi.. was introduced and consideredsecti by sec
tion at a yegular meeting of said City Council held on the of
ltj.A444� , 1984, and thereafter passed arV adopt as a who a at
a regular meeting of said Council held on the 6tAday of ,
1984, by'the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS :�-
IN WITNESS WHEREOF,
the City of Aosta Mesa
I have hereby set my ha and aff ix the Seal of
this day of , 1984.
_ = Ci y Clerk and ex�f f is io Clerk of e
City Council of the City of Costa sa