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HomeMy WebLinkAboutOrdinance No. 430 i l 1\ ORDINANCE NO. 430 AN ORDINANCE REQUIRING REGISTRATION OF 2 MEMBERS OF CERTAIN ORGANIZATIONS, AND PROVIDING FOR THE USE OF REGISTRATION 3 STATEMENTS, AND LIMITING SOME ACTIVITIES 4 OF REGISTRANTS. 5 b The City Council of the City of Azusa do ordain ac follows : 6 SECTION 1. Definitions within the meaning of this Ordinance. 7 a) "Explosives" means gun powder, blasting powder, dynamite, 8 and every other explosive substance having a power greater than or equal to ordinary black powder. 9 b) "Weapons" means revolver, pistol, dagger, dirk, slug, 10 high powered air rifle, or billy. 11 c) "Alias" means any nsmor°hasrusedthan orhwhichtrue heaor sheof ais person which such person use 12 known by or has b ren known by. "Member �" means any person who is recognized by an 13 d) associated or affiliated organization as such or who is formally tor programslofd 14 with any organization or who accepts the policies any organization and who is active in its behalf. 15 SECTION 2 . This Council finds that: 16 a) In the City of Azusa tioninthere whh haveactive asdoneleftheilined or- 17 ganizations presently functioning heinc p es r premises the precept that in the immediate future theirprinciples the 18 must and will be imposed upothrough the atheiestabiishmof the entpof a totali- City of Azusa by a minority g tarian dictatorship based upon force and power rather hnoupone law notwithstanding the persistent and continuing refusal 20 majority to accept their principles through the exercise of the ballot or other lawful means. 21 , of Azusa there are active disciplined b) In the functioning which have as one of their 22 organizations presently e ptrinciples the precept that if the majority ofeehetpeopleiiny 23 ,, said City refuse to accept its premiss resist , then the organizns inmust ordermeet to imposeothe�ireprinciplese 24 by use of force and violence le. upon the majority of the people. 25 1 of Azusa there are active disciplined organi- 26 In the Cityprinciples 26 zations presently functioning which have as one oftthehem ricie lil the precept tchanginge se ftherce and presentviolence constitutional form of 27 theirvpurposes. nin government in the City of Azusa inevitable acquiesce toctheirtdemanmadsr1ty 28 of the- people in ..said City will not d) The goal of these organizations is to seize power of 29 and for a minority and thereby to forcibly recase owhment by 3p ourrewhole social and political structure Americanand ecoromicthe andentire political religious and cultural heritagespecific 31 andtsub. Becauseiethath is heir theseoal, there is organizationsaandrtheir mmbers and substantial danger in and concerted 32' in the City of Azusa will engageindividualLance of their activities for the purpose of compelling , principles against the will of the majority. -1- .6, 1 1 e) There is a clear and present danger which the Council specifically finds is great and imminent that these organizations 21 will, for the purpose of pressing their principles upon the people I of the City of Azusa, succeed in accumulating and storing large 3 quantities of fire arms, explosives, and other weapons equip- ment which will be employed for such purposes, and tha — .bers ;>, 4 4 of these organizations will succeed in infiltrating and obtaining positions in civilian defense agencies for the purpose of forcing 5 the principles of these organizations on the people in said City. 6 f) Because of the strategic location of the City of Azusa, its substantial population, its use as an important point for 7 military operations, the presence in the said City of manufacturin_ plants devoted to the production of materials and supplies used by 8 military forces and the civilian defense organizations for the pur- poses of preserving the present constitutional form of government, g all possible measures under the law must be immediately taken to safeguard and prevent within said City any use of violence or 10 forceful means or other illegal means which might be used by these organizations to seize the powers of government by and for a minority 11 The Council further specifically finds the registration of members of organizations defined in this ordinance who reside in, are 12 employed in or regularly enter or travel through the said City and disclosure of their location, is a reasonable measure by which to 13 , accomplish these ends. 14 g) The Council further specifically finds that 15 (1) registration of members of these organizations who reside in, are employed in, have their business in, or enter 16 I the City of Azusa; 17 (2) the prevention of their possession of concealed weapons, explosives whether concealed or unconcealed; and 18 (3 ) denial of employment by the City of Azusa on its 19 , fLA disaster Council, Corps or relief authority or any other AMP. Udvilian defense organization or agency in said City are - • 20 reasonable measures by which to accomplish these ends . 21 SECTION 3 . Any person who resides in, does business in, is em- ployed in, has a regular place of business in, or who regularly 22 enters or travels through any part of the City of Azusa must 1 register with the City of Azusa Police Department if he or she is 231 a member of any organization designated hereinbelow: a) Any organization that has as one of its premises the 24 precept that in the immediate future its principles must And will 25 be imposed upon the majority of the people within the City of Azusa ,by a minority through the establishment of a totalitarian 06 I dictatorship based upon force and power rather than upon law not- withstanding the persistent and continuing refusal of the majority or, to accept its principles through exercise of the ballot or other F." lawful means . 28 b) Any orgnization that has as one of its premises the precept 00 that if the majority of the people of the City of Azusa refuse to '" accept its principles but elect to forcibly resist, then the " organization must meet this forcible resistence by means of force or violence in order to impose their principles upon the majority 31 of the people. c ) Any organization that has as one of its premises the 32 precept that the use of force and violence by it to accomplish its purpose in changing the present constitutional form of any -2- 11 government in the City of Azusa is inevitable because the majority 2 of the people in the said City will not acquiesce to its demands. SECTION 4. Any person required to register under this Ordinance 3 shall within ten days after the effective date of this Ordinance acknowledge under oath and file with the City of Azusa Police 4 Department a registration statement containing the following in- formation: 5 6 a) Name and any alias or aliases of registrant . b) Address of registrant's place of residence. 7 c) Name and address of registrant's employer, if any, and 8 the address and name under which registrant is conducting any business, if any. 9 d) The name of all organizations defined in Section 3 of 10 which he is a member. 11 ; Any person who is not required to register by the provisions of Section 3 and who after the effective - 0 inance is 12 or becomes a member of any communist org i.n a -. commence or continues to reside in, to be employed in, to conduct any busi- 13 ness in, or to regularly enter or travel through any part of the City of Azusa, shall within two days thereafter acknowledge under 141 oath and file with the Police Department of said City a like regis- tration statement. 15 Within two days after any person who has registered pursuant 16 to this Ordinance changes his place of residence or his employment or his place of business or commences to use or become known by 17 a name other than a name which he has registered or becomes a member of an organization defined in Section 3 , the name of which 18 is not stated in his registration statement, he shall acknowledge under oath and file a new registration statement in the same form 19 as provided for original registration statements . 20 SECTION 5. The Chief of Police shall keep and file all registratio ; statements under this Ordinance, arranged alphabetically according 21 to the surname of the registrant. He shall also compile and main- tain from such registration statement an accurate alphabetically 22 arranged file or list of all aliases listed thereon, together with appropriate reference indicating the registration statement upon 23 which each of such aliases is listed; ;c1 an accurate alphabeticall arranged file or list of all organizations and their 24 addresses, if any, listed thereon. Neither the registrn state- ments, nor said files or lists of aliases and - - ; 'ganiza- 25 tions shall be available for public examination, but they shall be exclusively for the confidential use of City officials charged with 26 the duty of issuing permits to carry concealed weapons, issuing permits to buy, sell, or possess explosives, or making appointments 27 to offices or positions of the City of Azusa or in its Disaster / Council, Corps, or relief authority or any other civilian defense 28 organization or agency in said City. 29 SECTION 6. Any person required by this ordinance to register who wilfully fails or refuses to so register or any person who after 30 registering wilfully violates any provision of this Ordinance is guilty of a misdemeanor punishable by a fine of not to exceed 31 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- 32 prisonment . Each day of failure or refusal of such person to register shall consisute a separate offense. -3- . I 1 SECTION 7. Any person who wilfully makes any false or misleading statement in any registration statement or affidavit provided for 2 in this Ordinance shall be guilty of a misdemeanor punishable by a fine of not to exceed Five Hundred Dollars (4500.00) or not to 3 exceed six months imprisonment in the City or County Jail, or both such fine and imprisonment . 4 SECTION 8. Any person who registers under this Ordinance shall 5 not be entitled: 6 a) To ownership, possession or control of concealed weapons or explosives whether concealed or unconcealed unless he has a 7 special permit from the City of Azusa Chief of Police which may not be issued unless : 8 b) To be appointed to any office or position in the City of 9 Azusa or its Civilian Defense Organization or any other civilian disaster or defense organization or agency in said City unless 10 such person subsequent to registration shall file an affidavit with the said Chief of Police that he is no longer a member of any 11 of the organizations which membership he had previously indicated in his registration and that he does not presently advocate by 12 speech, writing, or action the overthrow or destruction by force or violence of the present constitutional form of government of 13 , 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 141 or action the destruction, injury, illegal interference or tamperine with real or personal property in the City of Azusa as a means of 15 accomplishing a hindrance, delay, interference, or obstruction of the production or manufacturing of material or supplies for the i6 United States military forces or for the civilian defense of citize, s of the United States. 17 SECTION 9. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the 18 remainder of the ordinance and the application of such provision 19 to other persons or circumstances shall not be affected thereby. 20 SECTION 10. This ordinance is hereby declared necessary as an emergency measure for the immediate preservation of the public 21 peace, health, and safety and shall take effect immediately upon publication. The facts constituting such necessity are outlined 22 in Section 2 of this ordinance. 23 SECTION 11. The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in the Azusa 24 Herald and Pomotropic . 25 7 PASSED and ADOPTED this 18th day of September, 1950. 26 I ed. Ate 27 KARL ONES ArAOr Mayor of t ee'ty of Azusa 28 ATTEST: 29 a 4 / 30 M. A. HYN S, t fy Clerk of the City of Azusa 31 STATE OF CALIFORNIA 32 COUNTY OF LOS ANGELES ss CITY OF AZUSA I, M. A. HYNES, City Clerk of the City of Azusa, do hereby certify -4- ii } 1' that the foregoing ordinance was duly and regularly passed and adopted by the Council of the City of Azusa at its regular meeting 2 held on the 18th day of September, 1950, by the following vote: 3 AYES: Councilmen: Jackson, Ortuno, Seltzer, 4 Memmesheimer, Jones . NOES: None 5 ABSENT: None 6 7, 1V1 hYIE Cit Clerk Y 8 9 10 11 12, 13, 14 15` 16 17, 18 19 20 21 22 23 24 25, 26 27 28 29 30 31 32, -5- 1 STATE OJ``CAL1 `1A aa�_ 2 COUNTY OP LOS ANQ L $ 3 1, E. `A. HYNES, City Clerk f the City of Azusa,-Los Angel a 4 County, 'California, do hereby certify y that the foregoing o dlnan 5 was duly introuceed at a regular meeting of the City Council of 6 the City of Azusa, on the INtb day of September, 1950, and that 7 said ordinance was duly and regularly passed and adopted by the City Council, signed and approved by the Mayor, attested by the City Cl , ata regular meeting; that the a was passed and 10 adopted by the following : e of the Council. 11 AYES: Jackson,, E rt :na, Seltzer, Me sheimer, Jones 12 NOES: None 13 I ABSENT: None 141 I do certify that I caused said ordinance to be published 15 prior to the expiration of 15 days after the passage thereof in 16 the Azusa Herald is Poaotropic, a newspaper f general circulatlo 0 17 printed„ ublished ,; . circulated in the City of Azusa, and the 18 e Was published in accordance with law. 19 20 40e z21 Aor • '•• ' <. A 22 City Cler. f the City of Azusa 23 24 , 25 26 27 28 29 30 31 32