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HomeMy WebLinkAboutORD NO 661AN EI~iERGENCY ORDtiIANCE; PROHIBIT ING .[YY PERSON~.:~FROM .OFFER - ING OR AGREEING TO COE~tT:'OR'. COtvB~ITTING'PROSTITUTION OR. OFBRING TO SECURE OR SEgURING-ANOTBR ~R,'.T~ ~R~SE OF ~tTUTION, ASSIGNATION OR AI~ 'OTBR .LE~ ACT, OR BEING iI~ '0~ l~ At~"~LIC PLACE-FOR TI~ PI~E'~OF Ei.~iCING OR PROCURING ANOT~R TO COI~ilT .Alff SUCH ACT, OR KNOWiNGLYe.,: THANS~RTING .Ai~ ~RSON T0 Ai~ BACE FOR T~ ~R~SE OF ':~. CO~'fi~ilTTING .A~ SUCH ACT, OR KNOWINGLY ~CEIVtNG OR .AGRE- ING TO RECEIB AI~ ~RSON I~0 .AI~ PLACE. OR BUILDING OR BUILDINGS FOR T~ PUIIPOSE 0F. CO~'IITTING Aiff SUCH. ~CT, 0R KNOWIi~GLY Bt~itTTii~G AiqY BRSON TO REMAIN IN .A~', SUCH ~ACE OR BUILDING FOR SUCH ~R~SES~ OH DI~TYNG .A~ ~RSON TO ~ PLACE FOR TB ~R~SE OF COR~ITTZNG .AI~ SUCH ACT, OR IN A~ WAY AIDING OR ABETTING OR-P~TICiPATING tN T~ DOIi~G OF AI~ SUCH .ACT .AIQ ~ING B~T~TION AD- MISSIBLE AS EVIDEi[CE A2Q COI'~.AIi'ilNG A SEBR~iLITY CLAUSE, A~~: DECLARING AN EBRGENCY TO ~IST. .WHEREAS, the City Council hereby declares that an' emergency exists for the immediate preservation of the publiC peace, safety and welfare, which requires the passage of an emergency ordinance, and WHEREAS, it is essential to the successful prosecution of the war that the manpower of the United States be recruited, conserved and utilized to its utmost limit, and ~HERE.AS, the contracting and spreading of venereal diseases are injurious to the health, welfare and efficiency of our'military forces and others engaged in our war effort, and ~EREAS, the War and Navy Departments and the United States Public Health Service have determined that the repression of prostitution is essential in any venereal disease control program, and ~EREAS, it has been declared a matter of military necessity that prostitution be aggressively repressed in the City of Bakersfield, and 'jHEP~AS, the effective repression of prostitution needs the active cooperation of the civilian law enforcement agencies, and WHEREAS, it is the policy of this body'to cooperate to the fullest degree with the Army, l~avy and the Federal Security Agency in protecting the public health and welfare through'the repression of prostitution, BAXERSFIELD, as follows Ev.ery person who: SECTION 1. (a) Aids, offers or agrees to commit or commits any lewd e? indecent act or any act of prostitution; or =' committing any act of prostitution, assignation or for any other lewd.~ ! ~',/; - .'Z~! · l- or indecent act with any other person; or :~'~ (c) Is in or near any-thoroughfare or public place for-'~he purpose of inducing, enticing or procuring another to commi'~n act of lewdness or unlawful sexual intercourse; or (d) Knowingly transports any person to any. place where commit, or for the purpose of committing any lewd or indecent act'~r · .any act of prostitution; or (e) 'Knowingly receives~ offers oragrees to recefve any person into any place or building for the purpose of assignation orof perform- ing any act of lewdness, or knowingly permits any. person to remain'there for any of such purposes; or (f) Directs any person to any place for the purpose of committing any lewd or indecent act, or any act of prostitution; or (g) Conducts or behaves himself or herself in such a manner as to be injurious to the health or morals of otherS;or (h) In any manner aids or abets or participates in the doing of any of the acts prohibited by subdivisions (a) to (g) inclusive of this ordinance is guilty of a misdemeanor and punishable upon conviction by imprisonment in the County Jail for a term of not to exceed 90 days or by a fine not exceeding Three Hundred Dollars ($300.00), or by both SU~' ff~"~ffd"~mprisonment. SECTION 2. The common repute of any person as a prostitute or as a lewd or dissolute person, or as a person who has resided in a house of prostitution shall be admissible and. rS~eiyed as evidence' in any trial involving an alleged violation or viQ~.tions of this ord~ce. If any.provision of this ordinance or the~pplication thereof~ to any person or citizen is held invalid, such invalidity shall:~t affect any other provision, or application thereof, which~an be given effect without the application of the invalid provisio~r'~d to this end the provisions of'this ordinance.are declared to"be severable. SECTION 4. This ordinance is hereby declared to beI~n emergency measure within the.meaning of Section 24 of the Charter of the City of Bakers- field, State of California, and necessary for the immediate preserva- tion of the public peace, safety and welfare, and shall take effect immediately upon its passage. I.EREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the ~'~~da of July, Y 1944, by the following vote: AYES: CARNAKIS, MARMADUI~E, .NeR. R4S: SIEMON, SMITH, VANDERLEI, VERCAMMEIt NOES: ~ "';""' ABSENT: --~ ....... r ............................ City Clerk and Ex-Officio C~erk of the' Council of the City of Bakersfield. _ APP. ROVED_._by__ me. _thi day of July ~t~' ~/~'akers~iel'd 1944. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ......_5...U..i._.y. ..................~._~ ..................19.+~.., he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........ .5_...U~...y.. ............... ..~....~.. ................. 19...4:.~., which ordinance was ..........Series, entitled: "AN MERGENCY ORDINANCE PROHIBITING ANY PERSON FROM OFFERING OR AGREEING TO CO~iMIT OR COI~H~fITTING PROSTITUTION OR OFFERING TO SECURE OR SECURING ANOTHER FOR THE FURPOSE OF PROSTITUTION~ ASSIGNATION OR ANY OTHER LEWD .ACT, OR BEING IN OR NEAR .ANY PUBLIC PLACE FOR THE PURPOSE OF ENTICING OR PROCURING ANOTHER TO CO~H~IT ANY SUCH ACT ~ OR KNOWINGLY TRANSPORTING ANY PERSON TO ANY PLACE FOR THE FJRPOSE OF COI~IMITTING AllYY SUCH ACT~ OR KNOWINGLY RE_ CEIVING OR AGREEING TO RECEIVE ANY PERSON INTO ANY PLACE OR BUILDING OR BUILDINGS FOR THE PURPOSE OF CO~HvIITTING ANY SUCH ACT ~ OR KNOWINGLY PERMITTING ANY PERSON TO REMAIN IN .ANY SUCH PLACE OR BUILDING FOR SUCH PURPOSES, OR DIRECTING ANY PERSON TO A PLACE FOR THE PURPOSE OF COI~dITTING ANY SUCH ACT ~ OR IN .ANY WAY AIDING OR ,ABETTING OR RARTICIR&TING IN THE DOING OF .ANY SUCH ACT AND MAIiING REPUTATION ADMISSIBLE AS EVIDENCE AND CONTAINING A SEVERABILITY CLAUSE~ AND DECLARING AN EI~ZERGENCY TO EXIST. u ~-"~bscribed and sworn to before me this Notary Public in and for the County of Kern, State :of Cal~ornia.