HomeMy WebLinkAboutOrd. No. 1999-1048
ORDINANCE NO. 1048
AN URGENCY INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW FORTUNE-TELLING USES
PENDING CONTEMPLATED ZONING STUDIES
WHEREAS, the City of Lake Elsinore Zoning Code (Title 17 of the Municipal Code) and
Municipal Code provisions governing public peace, morals and welfare presently prohibit fortune-
telling uses in the City; and
WHEREAS, recent applications for such use have caused elected and appointed officials
and staffto identify certain legal insufficiencies in the City's existing ordinances and to acknowledge
and identify concerns about the impacts of fortune-telling uses on the health, safety and welfare of
surrounding uses and the general public at large and request consideration of the appropriateness of
the locations of such land uses as designated and the regulations related thereto; and
WHEREAS, such health, safety and welfare concerns include the impacts on residential
neighborhoods and businesses adjacent to such uses, the impact on property values adjacent thereto
and consumer protection issues associated with fortune-telling uses; and
WHEREAS, as a consequence, there is a current and immediate threat to the public health,
safety, and welfare as described and that the application and/or approval of any entitlement for such
use which are required in order to comply with the existing General Plan or ordinance would result
in that threat to the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake
Elsinore does hereby ordain as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no fortune-telling or forecasting of futures in exchange for a fee, reward,
donation, loan or receipt of anything of value, as described in Chapter 9.64 of the
Municipal Code and including uses where fortunes are told by means of astrology,
phrenology, cartomancy, tea reading, clairvoyance, clairaudience, crystal gazing,
hypnotism, mesmerism, mediumship, palmistry, spirits, etherealization, numerology,
physiognomy, psychometry, seership prophecy, augury, divination, magic,
necromancy, talisman, charm, potion, magnetism, magnetized article or substance of
any kind or nature shall be permitted in any area, within the City pending study by
the planning staff, Planning Commission and City Council with regard to appropriate
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U;IPSTORAASLI1WPDOCSIAGENDASIFORTUNE-TELLlNG ORDINANCE. DOC
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rules, regulations and locations for said use. Fortune-telling does not include
forecasting based on historical trends or patterns, an analysis of contemporary events,
nor any of the previously listed arts when presented in an assembly of people which
purchase tickets or meals in exchange for the presentation at a site licensed for
entertainment land uses.
3. This Interim Ordinance shall be of no further force and effect forty-five days from
the date of its adoption, unless otherwise extended in accordance with the
requirements of Government Code Section 65858.
4. Ten (10) days prior to the expiration ofthis Ordinance, the City Council shall issue
a written report describing the measures taken related to the subject matter of this
Ordinance.
PASSED, APPROVED AND ADOPTED this 11th day of May, 1999, by the following
vote:
AYES: COUNCILMEMBERS:
METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
ATTEST:
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Vi.cki 1. Kasad, City Clerk
APPROVED AS TO FORM AND LEGALITY:
U;IPSTORAASLl\WPDOCS\AGENDASIFORTUNE.TELLlNG ORDINANCE. DOC
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Urgency Ordinance was read by title only for adoption on May 11,
1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, P APE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBERS:
NONE
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VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
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(SEAL j
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1048 of said Council, and that the same has not been amended or repealed.
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D~Tf~:__May 19,1999
~~AD~ERK
CITY OF LAKE ELSINORE
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(SEAL)