HomeMy WebLinkAbout2124 Repealing Consumer Protection of Occult Arts
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ORDINANCE NO.;;J.. / J). ~
AN ORDINANCE REPEALING HUNICIPAL CODE
CHAPTER 10.76 OF THE ASHLAND MUNICIPAL
CODE ENTITLED "CONSill1ER PROTECTION -
OCCULT ARTS".
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 24 of Ordinance No.. 1558 and.Chapter 10.76
of the Asnland Municipal Code entitled "Consumer Protection _
Occult Arts" is hereby repealed.
The foregoing ordinance was first read on the ~.~ day of
~.,'~1of 'jj::t dU.~Y l:~~~ED and ADOPTED this
~d4U~~/~
Nan . Fr;:{nklin .
City Recorder
SIGNED and APPROVED this
day of
, 1981.
L. Gordon Medaris
Mayor
PASSED BY COUNCIL OVER MAYOR'S VETO AT REGULAR COUNCIL
MEHTING - APRIL 21, 1981 BY A VOTE OF 6 YEAS - 0 NAYS.
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CITY OF
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (COde 503) 482.3211
April 9, 1981
Mrs. Nan E. Franklin
Ci ty Recorder
City Hall
Ashland, OR 97520
Dear Nan;
Re: Ordinance Repealing Occult Arts
Prohibition - Veto
Our File A-l
Pursuant to Article 4, Section 3 of the Ashland City
Charter, I hereby Veto Ordinance No. 2124 which repealed the
Ordinance prohibiting the practice of the occult arts for
profit.
My reasons for Vetoing the repeal ordinance are:
First, I cannot in good conscience sign my name to the
repeal Ordinance No. 2024 without the City Council enacting
another ordinance which would require licensing and some control
of the Practice of Occult Arts for profit in the City of Ashland.
Secondly, I am convinced that the majority of the
citizens of Ashland want the City to enact legislation that would
exercise some control over the Practice of Occult Arts for Profit
In our City.
Lastly, I hope that members of the Council, some of
whom by their vote and public statements have indicated a
willingness to consider a new ordinance which would exercise
some control over the Practice of Occult Arts for Profit in the
City of Ashland, would indeed take such action at the next Council
meeting April 21, 1981.
Very truly yours, ,
~~f,~/I-L- /1f.c~~
/ GORDON MEDARIS
Mayor
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RONALD L. SALTER
94 THIRD STREET
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ATTORNEY AT LAW
ASHLAND. OREGON 97520
(503) 482-4215
April 28, 1986
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Ms. Nan Franklin, City Recorder
City Hall
Ashland, Oregon 97520
Re: Maynard vs. City of Ashland
Our File A-216
Dear Nan:
For the City's records, enclosed is a certified copy
of the Final Judgment in the above-entitled matter. In
accord therewith, it would be appropriate for you to remove
Chapter 10.76 from the Code, and all of those who subscribe
to our updating service should be informed that that Chapter
should be removed from their copies of the Code.
Also, it would be appropriate for you to have the
City issue a check payable to Jim M. Maynard and his attorney,
Rebecca G. Orf, in the sum of $469.00 to cover attorney's
fees and court costs. As I mentioned to the Council earlier,
I felt that one of my major jobs in this case was to minimize
the Plaintiff's attorney's fees and court costs, and I believe
I have been successful in that regard. Also on the subject
of attorney's fees, it might be remembered that I am not
charging the City anything for my services in this matter.
By copy of this letter to Daymon Barnard, Chief of
Police, I am enclosing a copy of the Order and pointing out
that the Police Department is directed to no longer enforce
the subject Chapter.
Very truly yours,
~
RONALD L. SALTER
City Attorney
RLS/pc
cc Brian Almquist
Mayor Gordon Medaris
Chief Daymon Barnard
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JACKSON COUNTY
JIM M. MAYNARD, )
) No. 86-036l-NJ-l
Plaintiff, )
) FINAL JUDGMENT
vs. )
)
CITY OF ASHLAND, )
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Defendant. )
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:fjnill judgment
THIS MATTER having come before the Court
and the Defendant having been found in default herein pursuant
to an Order of the Court dated the /1 day of _~.A? J I ' 1986,
and the Court being fully advised in the premises,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. Chapter 10.76 of the City of Ashland, Oregon, Municipal
Code, is hereby declared to be unconstitutional pursuant to the
Oregon and United States Constitutions;
2. Defendant City of Ashland and its officers, agents
and/or employees are hereby enjoined from enforcing Chapter 10.76
of the Ashland Municipal Code;
3. The City of Ashland, Oregon, Citj Recorder is hereby
ordered to remove the provisions of Chapter 10.76 of the Ashland
Municipal Code from said code;
4. Judgment is hereby entered awarding Plaintiff his costs
and attorney's fees incurred herein to be taxed.
DATED this 4- day of _+'! . 1986.
L A MERRYMAN
This instrument i~a.corr~ct copY ~ircUIt Court Judge
the original on file In thIs office.
FINAL JUDGMEN.1T APR 1 8 1986
Circuit Cou t ' Trial Court Administrator
.; . Ur )hrGON . J"CKSO~OUNTY. I
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