HomeMy WebLinkAboutOrdinance 1212 (Fortune-Telling)CLERK'S CERTIFICATE
1, MARION A. GRADY, City Clerk of the City.pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance Pio. 1212
entitled:
An Ordinance of the City of San Rafael repealing in its
entirety Chapter 10.88 of the San Rafael Municipal Code
entitled fortune-telling licensing and regulation - and
adding a new Section 8.12.050 prohibiting fortune-tell-
ing
is a true and correct copy of an ordinance of said City, and
was introduced at a
regular meeting of the
City Council of the City of San Rafael, held on,the 17th
day of February 19 76 published as re-
quired by City Charter in the Terra Linda News
a newspaper printed and published in the City of San Rafael and
passed and adopted as an ordinance of said City at a
0
regular meeting of
the City
Council of said
City held on
the
22nd day of
March
19 76
by the
following
vote, to -wit:
Ayes: Councilmen.- Jensen, Nixon and Mayor Bettini
Noes: Councilmen: Miskimen and Mulryan
Absent: Councilman: None
WITNESS my hand and the official seal of
the City of San Rafael this ,2574, day of
/ zZe, .- : / 197,-.
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MARION A. GRADY,
City
Clerk
ORDINANCE NO. 1212
AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING IN ITS ENTIRETY
CHAPTER 10.88 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED FORTUNE-
TELLING LICENSING AND REGULATION - AND ADDING A NEW SECTION 8.12.050
PROHIBITING FORTUNE-TELLING
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 10.88 of the San Rafael Municipal Code
is hereby repealed.
DIVISION 2. A new Section 8.12.050 of Chapter 8.12, Title 8
is hereby added to the San Rafael Municipal Code which shall read as
follows:
TITLE 8
Chapter 8.12 MISCELLANEOUS PUBLIC OFFENSES
Section 8.12.050 Fortune-telling - Prohibited
(A) Regulations. No person shall advertise by sign,
circular, or handbill, or in any newspaper, periodical, magazine,
or other publication, or by any other means, to tell fortunes, to
find or restore lost or stolen property, to locate oil wells, gold,
silver, or other ore, metal, or natural product, to restore lost
love, friendship, or affection, to unite or procure lovers, husbands,
wives, lost relatives, or friends, for or without pay, by means of
occult or psychic powers, faculties, or forces, clairvoyance, psycho-
metry, spirits, mediumship, seership, prophecy, palmistry, necromancy,
or other craft, science, cards, talismen, charms, potions, magnetism
or magnetized articles or substances, oriental mysteries or magic of
any kind of nature, or numerology, or to engage in or carry on any
business the advertisement of which is prohibited by this Section.
(B) Exceptions. This Chapter shall not apply to any
person solely by reason of the fact that such person is engaged in
the business of entertaining the public by demonstration of mind
reading, mental telepathy, thoughtconveyance, or the giving of
horoscopic readings at public places.
(C) Exemptions. The provisions of subsection (A) of this
Section shall not be construed to include, prohibit, or interfere
with the exercise of any religious or spiritual function of any
priest, minister, rector, or any accredited representative of any
bona fide church or religion when such priest, minister, rector, or
-
accredited representative holds a certificate of credit, commission,
or ordination under the ecclesiastical laws of a religious corpora-
tion incorporated under the laws of any state or territory of the
United States of America, or any voluntary religious association,
and who fully conforms to the rites and practices prescribed by the
supreme conferences, convocation, convention, assembly, association,
or synod of the system or faith with which such priest, minister,
rector, or accredited representative is affiliated; provided, how-
ever, any church or religious organization which is organized for
the primary purpose of conferring certificates of commission, credit,
or ordination for a price, and not primarily for the purpose of
teaching and practicing a religious doctrine or belief, shall not
be deemed to be a bona fide church or religious organization.
DIVISION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
DIVISION 4. The Ordinance shall be published once in
full before its final passage in the Terra Linda News , a news-
paper of general circulation, printed, published, and circulated in
the City of San Rafael, and shall be in full force and effect thirty
(30) days after its final passage.
&<V
C. PAUL BETe, Mayor
Attest:
MARION A. GRADY, City CXerk
The above and foregoing Ordinance No. 1212 was read
and introduced at a regular meeting of the City Council of the
City of San Rafael, held on the 17th day of February 1976,
and ordered passed to print by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
and will come up for adoption as an Ordinance of the
City of San Rafael at a regular meeting of the Council to be held
on the 1st day of March , 1976.
,ucx- ^
MARION A. GRADY, City C�erk
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