HomeMy WebLinkAboutOrdinance No. 429 yp p
1 ORDINANCE NO. 429
2 AN ORDINANCE OF THE CITY OF AZUSA REQUIRING
REGISTRATION OF MEMBERS OF CERTAIN ORGANIZA-'
3 TIONS, AND PROVIDING FOR THE USE OF SUCH
REGISTRATION STATEMENTS, AND LIMITING SOME
4 ACTIVITIES OF REGISTRANTS.
5
The City Council of the City of Azusa do ordain as follows:
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SECTION 1. This Council finds that :
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a) There exists a world-wide revolutionary movement whose
8 purpose it is, by any means deemed necessary, to establish and
perpetuate a totalitarian communist dictatorship based upon force
9 and power, rather than upon law, in all of the counties of the
world, including the United States, even though it be against the
10 consent of the majority of the people of such countries .
11 b) The world-wide revolutionary, movement is predicated upon,
and is designed and intended to carry into execution, the basic
12 precepts of communism expounded by Karl Marx, Friedrich Engels,
Vladimir Ilyich Lenin and Joseph Stalin, as they have been and are
13 presently being interpreted and executed by the most powerful ex-
isting foreign communist government, the Soviet Union, and by those
14 countries which are dominated or controlled by the Soviet Union.
15 c) Pursuant to the objectives of the world communism movement
in numerous foreign countries the legally constituted governments
16 have been overthrown and ruthless totalitarian communist dictator-
ships established therein against the will of the people of such
17 countries, and the establishment of similar dictatorships in other
countries is imminently threatening. The successful establishment
18 of such totalitarian communist dictatorships has 'consistently been
aided, accompanied, or accomplished by repeated acts of treachery,
19 deceit, terrorism, and sabotage, together with organized confusion,
insubordination, and disloyalty, fostered, directed, instigated, or
20 employed by communist organizations and their members in such
countries.
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d) In the City of Azusa there are active, disciplined communise
22 organizations presently functioning for the primary purpose of ad-
vancing the objectives of the world communism movement, which or-
23 ganizations promulgate, advocate, and adhere to the precept that
the principles and doctrines of the world communism movement must
24 eventually be accepted by the majority of the people in the City
of Azusa and elsewhere, notwithstanding the refusal of the majority so
25 accept such principles and doctrines through the free exercise of th-
, ballot or by any other lawful or constitutional means. These com-
261munist organizations are characterized by identification of their
programs, policies, and objectives with those of the world communism
27 movement and the foreign communist governments established pursuant
to such movement; and they regularly and consistently cooperate with,
28 and endeavor to carry into execution programs,; policies and objectivws
substantially identical to programs, policies, and objectives of,
29 such movement and such governments.
30 e) Those individuals in the United States who knowlingly parti
cipate in these communist organizations for the purpose of advancing
Z]. the objectives of the world communism movement within the City of
zusa, and elsewhere, are required to, and in fact do, transfer
32 heir allegiance from the United States to the world communism move-
ent, and to the forei
gp communist governments, organizations, and
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1 agencies which exercise control and direction of the world communism
movement; and they are further required, and in fact submit to rigid
2 discipline exercised by and within their respective organizations,
which has both the purpose and effect of ensuring unified direction
3 and execution of all policies, programs, and activities adopted or
promulgated by such organizations for the advancement of the objec-
4 tives of the world communism movement .
5 f) At the present time, military and naval operations are
being conducted by the United States in Korea against the agressor
6 communist government, which is dominated by the Soviet Union. There
is a substantial and specific danger in that additional communist
7 military aggression will occur in the immediate future in other part.
of the world, which will require further and more extensive military
8 operations by the United States .
9 g) There is a clear and present danger, which the Council
specifically finds is great and imminent, that in order to advance
10 the programs, policies, and objectives of the world communism
movement, communist organizations in the City of Azusa and their
11 members will engage in both individual and concerted activities
within the perimeter of said City to hamper, restrict, interfere
12 with, cripple, impede, or nullify the efforts of the United States,
the State of California, the City of Azusa, and their loyal citizens
13 to meet the current and prospective military requirements of the
United States, and prepare for civilian and military defense against
14foreign communist aggression. There is a clear and present danger,
which is very great and imminent, that the tactics, strategy, and
15 methods which have been recently employed successfully in other
countries to advance the objectives of the world communism movement,
16 including acts of sabotage, coup deetat, armed insurrection, assassi-
nation, terrorism, forceful interruption of public utilities, ser-
17 vices, and organized insubordination and disloyalty of governmental
employees, will be employed in the immediate future by communist
18 organizations and their members for such purposes in the City of
Azusa.
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h) There is a clear and present danger, which the Council
20 specifically finds is great and imminent, that through stealth,
deceit, trickery, secretiveness and concealment of identity and
21 location, communist organizations and the members thereof will
succeed in infiltrating and obtaining positions in government and
22 governmental agencies, in public utilities, and industrial plants
producing equipment and materials essential to military and civilian
231 defense, and in civilian defense agencies and organizations in the
City of Azusa without the knowledge of the employing and supervising
24 officVs that they are members of such organizations, and will succe-d
in fomenting organized insubordination and disloyalty therein.
25
I) Because of the strategic location of the City of Azusa,
26 its substantial population, its use as an important point for
military operations, the presence in the City of manufacturing
27 plants devoted to the production of the weapons and other material
of military and civilian defense, and its importance as a center
28 of commtnication and transportation, all possible measures under
the law must be imtediately taken to safeguard and prevent any use
29 within this City of forceful, deelitful, or illegal means for im-
pairing the legal authority of power of the constitutional govern-
ment or interfering with the military and civil defense of the
nation, state, county or city.
31
j ) The Councilt specifically finds that compulsory registra-
tion for the purpose of obtaining information as to the identity
, and location of members of communist organizations who reside in,
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1 are employed in, conduct a business in, or regularly enter or travel
through this City, is a reasonable measure by which to acquire such
2 rinformatiorl and make it available to the appropriate public and
private agencies and officers concerned, and thereby safeguard and
3 prevent the use by such members within the City of Azusa of force-
ful, deceitful, and illegal means for impairing the legal authority
4 or power of the constitutional government, or interfering with the
military and civilian defense of the nation, state, county, or city.
5
SECTION 2 . Within the meaning of this ordinance:
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a) "Organization" means any association, body, society, corpo
7 ation, or group of two or more persons permanently or emporarily
associated together for the purpose of joint or concerted action
8 of any nature.
9 b) "Communist organization" means any organization which is
organized, or which operated, primarily for the purpose of advancing
10 the objectives of the world communism movement.
11 Competent evidence relating to the following typical
considerations is hereby declared material but not conclusive to
12 the determination of whether an organization is a "communist organi-
zation" :
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(1) Consistent promulgation of, support for, or
14 ' adherence to, without substantial deviation, the pro-
grams, policies, and objectives of a foreign communist
15 government, foreign communist organizations, or any agency
in which is vested control or direction of the world communism
16 I movement .
17 (2) Consistent promulgation of, support for, or
adherence to, without substantial deviatin, the strategy,
18 tactics and methods of execution which have been or now
are regularly adopted or employed by any foreign communist
19 government, foreign communist organization, or any agency
in which is vested control or direction of the world
20 communism movement, for the purpose of achieving its pro-
gram, policies, and objectives .
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(3 ) Consistent recognition of the disciplinary
22 powers, over its principal leaders or a substantial
number of its members, of any foreign communist govern-
23 ment, foreign communist organization, or any agency in
which is vested control or direction of the world corn-
24 munism movement .
25 (4) Consistent acts or public expressions evi-
dencing cooperation with and efforts to carry into
261 execution the programs, policies, or objectives of
any foreign communist government, or foreign communist
27 organization, or the world communism movement.
28 ( 5) Consistent practice of assisting, directing,
advising or encouraging its members to travel to any
29 foreign country for instruction or training in the
principles, tactics, strategy and policies of the world
30 communism movement.
31 (6) Consistent leadership, management, direction,
supervision, or control of the organization and its,
32 activities by persons who, whether or not they hold
office in such organization, are active in the leadership,
management, direction, supervision or control of the
world communism movement.
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1 (7) Consistent disciplinary action involving
censure, removal from posts of leadership or expulsion
2 from the organization of members who fail or refuse to
adhere to the programs, policies or decisions adopted
3 by the organizations which tend substantially to advance
the objectives of the world communism movement .
4
(8) Consistent advocacy or encouragement of in-
5 subordination among or by the employees of the present
constitutional government, or of disloyalty to the
6 present form of constitutional government for the pur-
pose of advancing the objectives of the world communism
7 movement.
8 c) "World communism movement" means the world-wide revolu-
tionary movement referred to in Section 1.
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d) "Foreign communist government" means any foreign govern-
10 ment or subdivision thereof which is controlled or directed by,
or is subject to the discipline of, the world communism movement
11 or any officer, agent, agency or representative thereof, or which
is exercising control, direction or disciplinary powers over the
12 world communism movement or any agency or subdivision thereof.
13 e) "Member" means any person who is recognized by an organi-
zation -as such, or who is formally associated or affiliated with,
14 ! any organization, or who accepts the policies, principles and pro-
gram of an organization and is active in its behalf. In any pro-
15 ceeding under this ordinance, otherwise competent evidence relating
to the following typical considerations is hereby declared to be
16 material but not conclusive to the determination of whether an
individual is a member of a communist organization:
17
(1) Possession of a valid and effective membership
18 card or certificate, in
19 I (2) Regular payment of dues, to
201 (3 ) Consistent solicitation of new members for
21 (4) holding an official position in
22 (5) Holding a position or responsibility on the
staff of a newspaper or periodical published by, or at
23 the direction of, or under the control of,
24 (6) Serving with consent as a candidate for the
public office of
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(7) Attendance at closed meeting of
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(8) Admission of status of membership in
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(9) Consistent public participation in the
28 organized activities of
29 a communist organization.
30 .t) "Public utility" means any organization or facility,
whether publicly or privately owned, which owns, controls, operates,
31 or manages any equipment, plant or system which provides to the
public, or any portion thereof, any essential commodity or service
32 such as water, gas, electricity, communication, transportation,
fuel, or power.
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1 g) "Alias" means any name other than the true name of a
person, which such person uses or has used, or by which he or she
2 is known or has been known.
3 [SECTION 3 . Within ten daysAfiter the effective date of this ordinance,
every person who resides in, is employed in, has a regular place of
4 business in, or who regularly enters or travels through any part of
the City of Azusa, and who is a member of any communist organization,
5 shall register by acknowledging under oath and filing with the Police
!Department of the City of Azusa a registration statement containing
6 he following information:
7 A) Name and any alias or aliases of the registrant .
8 b) Address of registrant's place of residence.
9 c) Name and address of registrant's employer, if any, and
he address at which, and the name under which registrant is con-
10 'ucting any business.
11 , d) The name of all communist organizations of which he is a
member.
12
ECTION 4. Any person who is not required to register by the provi-
13 .ions of section 3, and who after the effective date of this ordin-
nce is, or becomes a member of any communist organization and who
14 I, ommences or continues to reside in, to be employed in, to conduct
ny business in, or to regularly enter or travel through any part
15 of the City of Azusa, shall, within two days thereafter, acknowledge
under oath and file with the Police Department of this City a like
16 registration statement .
17 ECTION 5 . Within two days after any person who has registered pur-
uant to this Ordinance changes his place of residence or his em-
18 Poloyment or his place of business or commences to use or to become
nown by a name other than a name which he has registered, or becomes
19 : member of a communist organization the name of which is not stated
.n his registration statement, he ahall acknowledge under oath and
20 iiile a new registration statement in the same form as provided for
eriginal registration statements.
21
ECTION 6. The Chief of Police shall keep and file all registration
22 .tatements under this Ordinance arranged alphabetically according to
he surname of the registrant. He shall also compile and maintain
23 Irom such registration statements an accurate alphabetically ar-
anged file or list of all aliases listed thereon, together with
24 ePpropriate references indicating the registration statement upon
1-lich each of such aliases is listed; and an accurate alphabetically
25 rranged list of all communist organizations listed thereon. Neither
ihe registration statements, nor files or lists of aliases and corn-
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the
organizations, shall be available for public examination, but
ihey shall be exclusively for the confidential use of City officials
27 ; harged with the duty of issuing permits to carry concealed weapons,
Issuing permits to buy, sell, or possess explosives, or making al)-
,
28 ,ointments to offices or positions of the City of Azusa or in its
Disaster Council, Corps or relief authority or any other civilian
29 defense organization or agency in said City.
30 SECTION 7. Any person who registers under this Ordinance
shall not :
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a) Buy, sell, own, possess or control any revolver, pistol,
32 dagger, dirk, slug, high-powered air rifle, billy or other concealed
weapon, nor any permit to carry any concealed weapon, nor shall the
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1 City of Azusa issue such a `permit to a person so registered.
2 b) Buy, sell, own possess or control any gun powder, blasting
power, dynamite, or any other explosive substance having a power
3 greater than or equal to ordinary black powder, nor any permit to
buy, sell, own, possess or control such explosives, nor shall the
4 City of Azusa issue such a permit to a person so registered;
c ) Be appointed to any office or position in the City of Azus..
or in its Disaster Council, Corps or relief Authority or any other
civilian defense oganization or agency in said City; unless such
6 person subsequent to registration shall have withdrawn such regis-
7 tration statement in the manner provided in Section 8.
8 SECTION 8. Any person who has registered` pursuant to this Ordinanc
who terminates his or her membership in the communist organization ,►r
9 organizations designated in his or her registration statement, or
who ceases to reside in, be employed in, have a regular place of
10 business in or regularly enter or travel through any part of the
City of Azusa may withdraw the registration statement previously
filed upon submitting to the Police Department an affidavit to that
11 effect .
12 SECTION 9. Any person required by this Ordinance to register who
13 wilfully fails or refuses to so register, and any person after regi
stering wilfully violates any provision of this Ordinance, is guilt
of a misdemeanor punishable by a fine of not to exceed $500.00 or
14 not to exceed six months, imprisonment in the City of County Jail,
15 or both such fine and imprisonment, each day of failure or refusal
of such person to register shall constitute a separate offense.
16 SECTION 10. Any person who wilfully makes any false or misleading
17 statement in any registration statement. or affidavit provided for
in this Ordinance shall be guilty of a misdemeanor punishable by a
fine of not to exceed $500.00 or not to exceed six months, imprison
18 merit in the City or County Jail, or both such fine and imprisonment
19 SECTION 11. If any provision of this Ordinance, or the application
thereof to any person or circumstances is held invalid, the re-
20mainder of the ordinance, and the application of such provision
to other persons or circumstances shall not be affected thereby.
21
SECTION 12 . This ordinance is hereby declared to be necessary as
22
an emergency measure for the immediate preservation of the public
23 peace, health, and safety and shall take effect immediately upon
publication. The facts consituting such necessity are outlineiin
Section 1 of this Ordinance .
24
SECTION 13 . The City Clerk shall certify to the passage of this
25 Ordinance and cause the same to be published once in the Azusa
Herald and Pomotropic.
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PASSED AND ADOPTED THIS 18th day of September, 1950.
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28 ai:
ATTEST : KARL irE
29 Mayor of he ity of Azusa
/
30 M. A . H "NV
City Cler, of the City of Azusa
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{
11 STATE OF CALIFORNIA
SO
COUNTY OF LOS ANGELES
I, Iii. A. HYNES, City Clerk of the City of Azusa, Los Angela
County, California, do hereby certify that the foregoing ordinance
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was duly introduced at a regular meeting of the City Council of
the City of Azusa, on the 18th day of September, 1950, and that
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said ordinance was duly and regularly passed and adopted by the
, 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.
11
AYES: Jackson, Ortuno, Seltzer, Meal esheimer, Jones
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NOES: None
131
A:1-ENT: None
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<, I do certify that I caused said ordinance to be published
15
prior to the expiration of 15 days after the passage thereof in
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the Azusa Herald and Pomotrepic, a newspaper of general circulation
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printed, published and circulated in the City of Azusa, and the
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. same was published in accordance with law.
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City Clerk of a City of Azusa
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