HomeMy WebLinkAbout84-20 - Establishing a Moratorium on the Use of Property Within the City for Fortune Telling PurposesORDINANCE NO. 84 -20
AN URGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH ESTABLISHING A MORATORIUM ON THE USE OF
PROPERTY WITHIN THE CITY FOR FORTUNE TELLING
• PURPOSES
WHEREAS, there presently are no approved fortune telling
activities being conducted within the City of Newport Beach as
hereinafter defined; and
WHEREAS, there are no existing zoning regulations or
ordinances of the City of Newport Beach which deal with fortune
telling; and
WHEREAS, the City Council finds that the unplanned for
and uncontemplated development of property for fortune telling
purposes could alter the character of developed neighborhoods, or
prevent the orderly and reasonable development of new commercial
development; and
WHEREAS, the City Council has determined that in other
communities, where the intrusion of unplanned for and
• uncontemplated fortune telling activities occurred, they
contributed to or caused deterioration of the community; and
WHEREAS, the City Council has determined that
neighborhoods that contain fortune telling uses, tend to attract
and increase transients, adversely affect property values, and
encourage relocation of existing residences and businesses to
other areas; and
WHEREAS, the City Council now desires to instruct the
Planning Commission or Planning Department, to study the
appropriate land use regulation for fortune telling areas, prior
to any unplanned and uncontemplated intrusion within the City;
and
WHEREAS, the City Council finds that pending
• consideration by the Planning Commission of a comprehensive
zoning regulation to deal with the planning and use of fortune
telling areas within the City that it would be in the best
interests of the City to protect and preserve the public health,
safety and welfare of its citizens to prohibit the establishment,
use, and /or maintenance of any fortune telling within any
district in the City of Newport Beach; and
WHEREAS, California Government Code §65858 authorizes
• the City to adopt an interim zoning ordinance, on an emergency
basis, prohibiting any use which may be in conflict with a
contemplated zoning proposal that the City Council, Planning
Commission or Planning Department are considering or studying, or
intend to study, within a reasonable period of time; and
WHEREAS, in enacting this Emergency Ordinance, the City
Council hereby finds and declares that it is acting pursuant to
the provisions of the City Charter and the authority of Gov. Code
§65858; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. No person within the City of Newport
Beach shall permit, operate, allow to be operated, cause to be
operated, or assist in the operation of a use of property as a
• fortune telling use.
SECTION 2. Fortune telling use is defined in this
Ordinance and shall mean:
"the art, business, profession, craft,
science, pseudo- science or procedure of
palmistry, astrology, phrenology, life
reading, cartomancy, clairvoyance, crystal
gazing, mediumship, spirit photography, spirit
voices, spirit writing, spirit
materialization, etherealization, prophecy,
augury, divination, magic, necromancy, or
other similar art, business, profession,
craft, science, pseudo- science or procedure
for purposes of telling fortunes, predicting
• future events, finding or restoring lost or
stolen property; locating natural resources
and products; restoring lost love, friendship
or affection; uniting lovers, husbands, wives,
lost relatives or friends, for a fee.
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SECTION 3. This Ordinance shall be effective
immediately for a period (45) days from the date of adoption
thereof; provided, however, that after notice, pursuant to Gov.
Code $65858 and public hearing, the City Council may extend such
interim Ordinance for ten (10) months and fifteen (15) days, and
. subsequently extend the interim Ordinance for one (1) year.
SECTION 4. This Ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall take effect immediately.
SECTION 5. This Ordinance shall be published once in
the official newspaper of the City of Newport Beach.
This Ordinance was introduced and adopted as an
emergency Ordinance, at a regular meeting of the City Council of
the City of Newport Beach held on the 27th day of August, 1984,
and was adopted on the 27th day of August, 1984 by the following
vote:
AYES, COUNCILMEMBERS Hart, Maurer,
Heather, Strauss, Plummer, Agee
• NOES, COUNCILMEMBERS None
ATT D'
ORP /Fortune
ABSENT COUNCILMEMBERS Cox
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