HomeMy WebLinkAboutOrdinance No. 431 1 ORDINANCE NO. 431
AN ORDINANCE REQUIRING REGISTRATION OF
2 MEMBERS OF CERTAIN ORGANIZATIONS, AND
PROVIDING FOR THE USE OF REGISTRATION , 4
3 STATEMENTS, AND LIMITING SOME ACTIVITES
4 OF REGISTRANTS.
The Council of the City of Azusa do ordain as follows :
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SECTION 1. Definitions. Within the meaning of this 'ordi-
nance
7 (a) "Explosives" means gun powder, blasting powder
dynamite and every other explosive substance having a power greate
8 than or equal to ordinary black powder.
9 (b) "Weapons" means revolver, pistol, dagger, dirk,
slug, high-powered rifle, or billy.
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11 (c ) "Alias" means any name other than the true name of
a person which such person uses or has used or which he or she is
known by or has been knmlby.
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(d) "Memberallik means any person whb is recognized by
13 an organization as such or who is formally associated or affiliate
with any organization or who accepts the policies or programs of
14 ' any organization and who is active in its behalf.
15 SECTION 2, This Council finds that :
16 (a) There exist in the City of Azusa active organizatio 's
which are organized to reach ends and use methods which are in-
17 compatible with our present constitutional system of government
in the United States, the State of California, and the City of
18 Azusa.
19 (b) The goal of these active organizations is to seize
powers of government by and for a minority rather than to acquire
20 power through the vote of a free electorate. They seek not
merely a change of administration or reform legislation within the,,'
21 constitutional framework. Their program only begins with the
seizure of government which then becomes a means to impose upon
22 society an organization on principle fundamentally opposed to
those presupposed by the Constitution of the United States. Their
23 purpose is to be forcibly recast our whole social and political
structure after the Muscovite model of police-state dictatorship.
24 These organizations reject the entire religious and cultural
heritage of Western civilization as well as American economic
25 and political systems . Their program is a belated counter-revolu-
tion to the American Revolution designed to undo the Declaration
26 of Independence, the Constitution, the Bill of Rights, and over-
turn our system of free representative self-government .
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(c) These organizations are dominated and controlled by
28 a foreign government . To the threat of civil disorder they add
the threat of betrayal into alien hands . These organizations are
29 not native to this country, and their beginnings here are not an
effort of Americans to answer American problems.
30
(d) Violent and forceful means are the calculated and
31 indispensible methods to attain the goal of these organizations,
The international police state has crept over Eastern Europe by
32 deception, coercion, coup d'etat, terrorism, and assassination.
1 Not only has this international police state overpowered its
critics and opponents, it has actually liquidated them. These
2 organizations in the United States which are active in the City
of Azusa have copied the organizationaructure and their /001
3 leaders have been schooled in the samelabaniques and from the .' 4'
same tutors which established the international police state in
4 Europe . These organizations in the United States which are active
in the City of Azusa have imported international police-state
5 disciplines and techniques notwithstanding the fact that this
country offers them a way to peaceful revolution by the ballot ;
6 but instead of resting their case upon persuasion and any appeal
inherent in their ideals and principles, these organizations
7 adopt the techniques of a secret cabal, false names, forged
passports, code messages and clandestine meetings. To these
6, techniques they add occasional terroristic and threatening methods
such as picketing courts and juries, political strikes, sabotage
g and destruction of real and personal property .
10 (e) That there exists within the City of Azusa, a sub-
stantial and serious specific danger of use of force or violence
11 by these organizations against the present constitutional form of
governments of the City of Azusa, the State of California, and
12 the United States . The Council further finds that this danger is
extremely serious in the City of AzuSa . The Council further
13 finds that the degree of imminence of this danger is extremely
high. It is further found that within the City of Azusa the con-
14 tinued activities of the members of these organizations will im-
mediately bring about the substantial and serious specific evil
15 of the use of force or violence by these organizations against the
present form of governments of the City of Azusa, the State of
16 California, and the United States. There is a clear and present
danger which is very great and imminent that the techniques,
17 strategy, and methods recently employed so successfully in other
countries, including acts of sabotage, coup dtetat, armed insur-
18 rection, assassination, terrorism, interruption of utility services,
and organized insubordination of governmental employees, will be
19 I employed by members of these organizations in the City of Azusa.
20 (f) Because of the strategic location of the City of
Azusa, its substantial population, its use as an important point
21for military operation, the presence in the City of manufacturing
plants devoted to the production of material and supplies for the
22use of the United States armed forces, the presence in the City
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of manufacturing plants devoted to the production of materials
23 and supplies necessary for the civilian defense of the citizens
of the United States, and its importance as a center of communi-
24
cation and transportation, all possible measures under the law
must be immediately taken to safe-guard and prevent within the
25 City any use of violence or forceful means for impairing the legal
authority of the constitutional government or interfering with the
26 military and civil defense of the state, nation, or city.
27 (g) The Council further specificaly ffnds that •
28 1. registration of members of these organizations
who reside in, are employed in, have their business in, or
29 enter the City,
30 2 . the prevention of their possession of concealed
weapons, explosives whether concealed or unconcealed, and
31
3 . denial of employment by the City of AZus,a or
32 in its disaster council, corps or relief authority or any
other civilian defense organization or agency in said city
are reasonable measures by which to accomplish these ends.
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1 SECTION 3 . Any person who resides in, does business in, is
employed in, has a regular place of business in, or who regularly
2 enters or travels though any part of the City of Azusa must
register with the Chief of Police of said City if he or she is
3 a member of any organization described in paragraphs (a) or (b)
immediately below:
4
(a) An organization that on or after the effective date
5 of this ordinance advocates as a present objective by speech,
writing, or action the overthrow or destruction by force or vio-
6 lence of the present constitutional form of government, of the
City of Azusa, State of California, or United States .
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(b) An organization that on or after the effective date
8 of this ordinance advocates as a present objective by speech,
writing, or action the destruction, injury, illegal interference,
9 or tampering with real or personal property in the City of Azusa
as a means of accomplishing a hindrance, delay, interference, or
10 obstruction of the production or manufacture of material or
supplies for the United States military forces or for the Civilian
11 Defense of citizens in the United States .
12 SECTION 4. Any person required to register under this ordi-
nance shall within ten days after the effective date of this
13 ordinance acknowledge under oath and file with the Police Depart-
ment of the City of Azusa a registration statement containing
14 the following information:
15 (a) Name and any alias or aliases of registrant .
16 (b) Address of registrant's place of residence.
17 (c ) Name and address of registrants employer, if any,
and the address and name under which registrant is conducting any
18 business, if any.
19 (d) The name of all organizations defined in Section 3
of which he is a member.
20
Any person who is not required to register by the provisions
21 of Section 3, and who after the effective date of this ordinance
is or becomes a member of any communist organization and who
22 commences or continues to reside in, to be employed in, to conduct
I any business in, or to regularly enter or travel through any part
23 of the City of Azusa, shall within two days thereafter acknowledge
underoath and file with the said Police Department a like registra-
24 tion statement .
25 Within two days after any person who has registered pursuant
to this ordinance changes his place of rorsidence or his employment
26 or his place of business or commences t se or become known by a
name other than a name which he has registered or becomes a member
27 of an organization defined in Section 3 . the name of which is not
stated in his registration statement, he shall acknowledge under
28 oath and file a new registration statement in the same form as
provided for original registration statements.
29
SECTION 5 . The Chief of Police shall keep and file all regis-
30 S tration statements under this ordinance, arranged alphabetically
according to the surname of the registrant. He shall also compile
31 and maintain from such registration statement an accurate alpha-
betically arranged file or list of all communist organizations
32 and their addresses, if any, listed thereon, and an accurate alph-
betically arranged file or list of all aliases listed thereon,
together with appropriate references indicating the registration
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11 statement upon which each of such aliases is listed. Neither the
registration statements, nor said files or lists of aliases and
2 communist organizations shall be available for public examination,
but they shall be exclusively for the confidential use of City
3 officials charged with the duty of issuing permits to carry
concealed weapons, issuing permits to buy, sell, or possess ex-
4 plosives, or making appointments to offices or positions in the
City of Azusa or frs disaster council, corps or relief authority
5 or any other civilian defense organization or agency in said City.
6 SECTION 6. Any person required by this ordinance to register
who wilfully failes or refuses to so register or any person who
7 after registering wilfully violates any provision of this ordinanc:
is guilty of a misdemeanor punihable by a fine of not to exceed
8 Five Hundred Dollars ($500.00) or not to exceed six months im-
prisonment in the City or County jail,or both such fine and im-
9 prisonment. Each day of failure or refusal of such person to
register shall constitute a separate offense.
10
SECTION 7. Any person who wilfully makes any false or mis-
11 leading statement in any registration statement or affidavit
provided for in this ordinance shall be guilty of a misdemeanor
12 punishable by a fine of not to exceed Five Hundred Dollars (4500.00)
or not to exceed six months' imprisonment in the City or County
13 jail, or both such fine and imprisonment.
14 SECTION 8. Any person who registers under this ordinance
shall not be entitled:
15
(a) To ownership, possession or control of concealed
16 weapons or explosives whether concealed or unconcealed unless he
has a special permit from the Chief of Police which may not be
17 issued unless :
18 (b) To be appointed to any office or position in the City
of Azusa or its Civilian Defense Organization or any other civilian
19 disaster or defense organizatiOn or agency in said City unless :
20 such a person subsequent to registration shall file an affidavit
with the Chief of Police that he is no longer a member of any of
21 the organizations which membership he had previously indicated
in his registration and that he does not presently advocate by
22 speech, writing, or action the overthrow or destruction by force
or violence of the present constitutional form of government of
23 the United States or of the State of California or of the City
of Azusa and that he does not presently advocate by speech, writing
24 or action the destruction, injury, illegal interference or tamperin,
with real or personal property in said City as a means of accom-
25 plishing a hindrance, delay, interference, or obstruction of the
1 production or manufacturing of material or supplies for the United
26 States military forces or for the civilian defense of citizens of
the United States.
27
SECTION 9. If any provision of this ordinance or the appli-
28 cation thereof to any person or circumstances is held invalid, the
remainder of the ordinance and the application of such provision
29 to other persons or circumstances shall not be affected thereby.
30 SECTION 10. This ordinance is hereby declared necessary as
an emergency measure for the immediate preservation of the public
31 peace, health, and safety and shall take effect immediately upon
publication. The facts consd.tuting such necessity are outlined
32 in Section 2 of this ordinance.
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1t1
1 SECTION 11 . The City Clerk shall certify to the passage of
this ordinance and cause the same to be published once in the
2 Azusa Herald and Pomotropic .
3 PASSED and ADOPTED this 18th day of September, 1950.
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5
KARL JONES
6 Mayor of the C t of Azusa
7 ATTEST:
8
4, ,/
9 M. A. HYNES,Aerty Clerk of the
City of Az ir
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STATE OF CALIFORNIA )
11 COUNTY OF LOS ANGELES ss
CITY OF AZUSA
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I. M. A. HYNES, City Clerk of the City of Azusa, do hereby
13 i certify that the foregoing ordinance was duly and regularly
I passes and adopted by the Council of the City of Azusa at its
14 ' regilar meeting held on the lath day of September, 1950, by the
following vote, to wit:
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' AYES: 0ouncllmr-1 : Jackson, Ortuno, Seltzer, Memmesheimer, Jones .
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NOES: None
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ABSENT: None
18 ;377 ).
19M.1 A. .01/14e.
HYNES, C: Clerk
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11 STATE OP , 1Y* ' IA /
2 COUNTY OY LOS ANt . t$
3
I, M. A. HYNES, City Clerk of the City of Azusa, Los Angel
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County, California, do hereby certify that the foreoing ordinanc
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was duly introduced at a regular meeting of the City Council of
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the City of Azusa, on the lath day of September, 1950, and that
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said ordinance was duly and regularly passed and adopted by the
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City Council, signed and approved by the Mayor, attested by the
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City Clerk, at a regular meeting; that the same was passed and
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adopted by the following vote of the Council.
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AYES: Jackson, Ortuno, Seltzer, Memmesheimer, Jones
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NOES: Nene
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ABSENT: None
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I'd° certify that I caused said ordinance to be published
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prior to the expiration of 15 days after the passage thereof in
16 the Azusa Herald and Pomeirepic„ a newspaper of general circulatio
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printed, published and circulated in the City of Azusa, and the
18 s: ,e was published in accordance with law.
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Id' / ' .......4r !
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City Clerk o ' e City of Azusa
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