HomeMy WebLinkAboutOrd 122 AMENDSD_BESCINDEDI.
B .DATE.IP
ORDINANCE NO. 122
AN ORDINANCE OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, TO RESTRICT
FORTUNE-TELLING AND SIMILAR PSYCHIC
ACTIVITIES IN ALL ZONING DISTRICTS EXCEPT THE
PPO ZONING DISTRICT, AND DECLARING THE
URGENCY THEREOF.
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. AUTHORITY. This ordinance is adopted pursuant to the
provisions of Government Code Section 65858.
SECTION 2. URGENCY ORDINANCE - FINDINGS. On August 15, 1985,
the California Supreme Court declared unconstitutional an ordinance of the
City of Azusa, similar to Chapter 5.56 of the Cathedral City Municipal Code,
which prohibits fortune-telling and similar psychic activities for consideration in
the City. Because of this prohibition, the City Zoning Ordinance does not
provide for such activities within any of its zoning districts. Now that the
prohibition of these activities has been found invalid, the City could experience
a proliferation of such activities in all zoning districts unless the City zoning
ordinance is amended to permit fortune-telling and similar psychic activities in
those zoning districts which the City Council deems appropriate. The City
Council finds that such proliferation of fortune-telling and similar psychic
activities poses an immediate threat to the public health, safety, and welfare.
Therefore, the City Council declares it to be urgent that this ordinance
become effective immediately upon adoption.
SECTION 3. PLANNING COMMISSION STUDY. The Planning Department
and the Planning Commission, forthwith, intend to study and determine in
which zoning district or districts fortune-telling and similar phychic businesses
would be compatible, and to present its recommendations to the City Council
for adoption.
SECTION 4. FORTUNE-TELLING PROHIBITED - EXCEPTION. During
the time this ordinance is in effect, fortune-telling and similar psychic
activities, as defined in Chapter 5.56 of the Cathedral City Municipal Code,
shall be prohibited in all zoning districts in the City of Cathedral City, except
such activities shall not be prohibited in the PPO zoning district. Any such
activity which shall become nonconforming by reason of any later adopted
zoning ordinance shall be removed, abated or brought into conformance with
said zoning ordinance within one year of the effective date of said zoning
ordinance.
Yv SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and
4rt?i1 effect immediately upon adoption by at least a four-fifths vote of the City
Council, and shall be of no further force and effect forty-five days from its
date of adoption except that before 45 days from its date of adoption the City
Council, after notice pursuant to Government Code Section 65090 and public
hearing, may extend the time this ordinance will be in full force and effect
for an additional ten months and fifteen days and subsequently may extend this
ordinance for an additional one year. Any such extension shall also require a
four-fifths vote of the City Council for adoption.
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SECTION 6. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 public places
designated by resolution of the City Council; shall certify to the adoption and
posting of this ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of ordinances of this
City
The foregoing ordinance was approved and adopted at a meeting of the
City Council held on October 16, 1985 by the following vote:
Ayes: Councilmembers Krings, Murphy, Paquette, Smith and
Mayor Martin
Noes: None
Absent: None •
'AYOR
ATTEST
2g/ /7,. /4'.e.--,,'"
CIT LERK
APPROVED AS TO FORM: A' •R•VE P AS TO C•NTENT:
�...._ . ��
CITY TTORNEY Y- A AGER '
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. /02,2 .__ _ vVAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CIT; ' iT E1JRAL CITY, CALIFORNIA, IN A
MEETh G i,-r: ._;".= 'HELD ON THE /‘ DAY OF
198.1, MI, o .:;A:1 1L WAS POSTED IN AT LEAST THE THREE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL.
F ,21f /e ,
CITY CLERK
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