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1 ORDINANCE N0. .~; ~~
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
N0. 1657 ENTITLED IN PART "AN ORDINANCE OF THE CITY OF SAN BER-
3 NARDINO MAKING CERTAIN ACTS UNLAWFUL, pROVIDING FOR THE PROTEC-
TION OF PUBLIC MORAIS .,"; PROHIBITING CERTAIN OBSCENE CONDUCT;
4 AND REPEALING ORDINANCE N0. 153 AND CERTAIN SECTIONS OF ORDINP.NCE
N0. 1657.
5
THE MAYOR AND CO~hAtON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO OR1aAIN AS FOLLa4TS:
7 I SECTION ONE: Ordinance No. 1657 Section One is hereby
8 amended to read as follows:
9II SECTION ONE: Any person who, in any public park, street,
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alley, highway, public meeting, assembly, or other public place,
or in the i~anediate neighborhood thereof and in view from the
same places, urinates or defecates, shall be deemed guilty of a
misdemeanor; provided that this Section shall not be applicable
to the act of urinating or defecating in a proper receptacle in a
restroom or bathroom in any enclosed structure.
SECTION Tt+10: Ordinance No. 1657 Section Ttvo is hereby
amended to read as follows:
SECTION TWO: It is unlawful for any person to masturbate in
a public rest room or other public placeo In order to establish
the co~ission of the foregoing offense, it shall not be necessaryl
to prove that the accused had an orgasm or an emission.
SECTION THItEE: No person shall knowingly be present in any
public rest room where another person or persons are masturbating.l
SECTION FOUR: Ordinance No, 1657 Section Four is hereby
amended to read as follows:
SECTTON FOIIR: Any person or persons violating any provision
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof, shall be punishable by a fine not ex-
ceeding Five Hundred Dollars ($500.00) or by imprisonment in the
City or County j.ail not exceeding six months or by both such fine
and imprisonment.
SECTION FIVE: Ordinance No. 1657 Section Five is hereby
amended to read as follows:
1 SECTION FIVE: That if any section, sub-section, sentence,
Z clause or phrase of this Ordinance is for any reason held to be
3 invalid or unconstitutional by the decision of any court of com-
4 petent jurisdiction, such decision shall not affect the validity
5 of the remaining portions of this Ordinance, and the Mayor and
6 Common Council of the City of San Bernardino hereby declares
~ that it would have passed this Ordinance and each section, sub-
s section, sentence, clause and phrase thereof, irrespective of
9 the fact that any one or more or other sections, sub-sections,
io clauses or phrases be declared invalid or unconstitutionalo
1i SECTION SIX: Ordinance No, 1657 Sections Six, Seven, Eight,
iz Eight (A), Nine, Ten, Eleven, Ttoelve and Thirteen, and Ordinance
i3 Noo 153, are hereby repealed.
i4 I HEREBY CERTIFY THAT the foregoing Ordinance was duly
is adopted by the Mayor and Co~on Council of the City of San Ber-
16 nardino, at a~ ~' meeting thereof held on
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17 the ~"7`~" day of "~ ~. 1964, by the
is following votg, to w ,~'
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i9 AYES • ~ 4G ~v
~ ,
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21 NOES_~~C. ABSE ,ti.ri.~ir~i-. i.,,...~i`~~. %i_ ~.:.;
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24 I~$ereby approve the foregoing Ordinance this ~~L~day of
zs r ~ Ai~~ , 1964.
26 ____! '~1 ^~~~
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yor o t y o an ernar ino
2s
Approved as to form:
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30 ~~'~.~~~° ~ I L~ D
ty ttorney
s~ ~qN 2 81:~v~
32 ,TACK . FELTON, City Cler
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