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Home My Public Portal AboutOrd. 0547u -r--" . i ORDINANCE N0. 5'+7 AN ORDINANCE OF THE CITY OF LYNVJOOD REQUIR- ING REGISTRATION OF ME~.4BERS OF CERTAIN OR- GANIZATION, AND PROVIDING FOR THE USE OF REGISTRATION 5TATEP,~ENTS, AND LIP~IITING SOME ACTIVITIES OF REGISTRANTS. The City Council of the City of Lynwood does ordain as follovas: Section 1: Definitions. within the meaning of this ordinance. a. "Explosives" means gun powder, blasting powder, dyna- mite, and every other explosive substance having a power greater than or equal to ordinary black powder. b. °~"leapons" means revolver, pistol, dagger, dirk, slug, high-powered air rifle, or billy. c, "Alias" means any name other than the true name of a person vahich such person uses or has used or which he or she is known by or had been known by. d. "P~4embership" means any person who is recognized by an organization as such or who is formally associated or afS7.iated with any organization or who accepts the policies or programs of any organization and who is active in its behalf. Section 2. The City Council finds that: a. In :the City=pf. Lynwood there are active disciplined or- ganizations presently functioning vrhieh have as one of their premises the precept that in the immediate future their principles must and will be imposed upon the majority of the people in the City of Lynwood by a minority through the establisYunent of a totalitarian dictatorship based updn force and power rather than upon law notwithstanding the persistent and continuing refusal of the majority t0 accept their principles through the exercise of the ballot or other lawful means. b. In the City of Lynwood there are active disciplined organizations presently functioning which have as one of their principles the precept that if the majority of the people in the City of Lynwood refuse to accept its premises but elect to -1- forcibly resist, then the organizations must meet this forcible resistence by use of force and violence in order to impose their principles upon the majority of the people. c. In the City of Lynvaood there 'are active disciplined organizations presently functioning which have as one of their principles the precept that the use of force and violence by them to accomplish their purposes in changing the present con- stitutional form of government in the City of Lynwood is inevitable because the majority of the people in Lynwood will not acquiesce to their demands. d. The goal of these organizations is to seize power of government by and fora minority and thereby to forcibly recast our vahole social and prlitical structure and reject the entire religious and cultural heritage of American economic and political systems. Because such is their goal, there is a serious specific, and substantial danger that these organizations and their members in the City of Lynwood will engage in individual and concerted activities for the purpose of compelling acceptance of their principles against the will of the majority. e, There is a clear and present danger which the Council specifically finds is great and imminent that these organizations will, for the purpose of pressing their principles upon the people of the Eity of Lynvaood, succeed in accumulating and storing large quantities of fire arms, explosives, and other weapons and equipment which will be employed for such purposes, and that numbers of these organizations will succeed in infiltrating and obtaining positions in civilian defense agencies for the purpose of forcing the principles of these organizations on the people in the City of Lynwood. f. Because of the presence in the City of manufacturing plants devoted to the production of materials and supplies used by military forces and the civilian defense organizations for the purpose of preserving the present constitutional form of government, all -2- possible measures under the law must be immediately taken to safeguard and prevent within the City any use of violende or forceful means or othern illegal means which might be used by these organizations to seize the powers of government by and for a minority. The Council further specifically finds the registration of members of organizations defined in this ordinance who reside in, are emplyed in, or regularly ~ enter or travel through the City and disclosure of their location, is a reasonable measure by which to accomplish these ends. g, The Gity Council further specifically finds that (1~ registration of members of these organizations who reside in, are employed in, have their business in, or enter the City; (2) the prevention of their possession of concealed weapons, explosives whether concealed or unconcealed; and (3) denial of employment in the Lynwood disaster relief authority or any other civilian defense organization or agency. in said City, are reasonable measures by which to accomplish these ends. .Section 3. Any person who resides in, does business in, is employed in, has a regular place of business in, or who regularly enters or travels through any part of the incorporated territory of the City of Lynwood must register with the Police Department if he or she is a member of any organization designated hereinbelow: a. Any organization that has as one of its premises the pre- cept that in the immediate future-its prinicples must and will be imposed upon the ma,)ority of the people within the City of Lynwood by a minority through ~ e establishment of a totalitarian distatorshin based upon force and power rather than upon law notwithstanding the persistent and continuing refusal of the ma,~ority to accept its principles through exercise of the balmot or other lawful means. b. Any organization that has as one of its premises the precept that if the majority of the people in Lynwood 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 princi_tiles upon the ~ia,ority of the people. c. Any organization that has as one of its premises the -3- precept that the use of force and violence by it to accorpplish its purpose in changing the present constitutional form of any government in the City of Lynwood is inevitable because the majority of the people in the City of Lynwood will not acquiesce to its demands. Section 4. Any person required to register under this ordinance shall within ten days after the effective date of this ordi- nance acknowledge under oath and file with the Police Department of the City of L,yn~vood a: registration statement containing the following in- formation: (a) Name and any alias or aliases of registrant. (b) Address of registrant's place of residence. (c) Name and address of registrant's employer, if any, and the address and name under which registrant is con- ducting any business, if any. _ (d) The name of aml organizations defined in Section 3 of which he is a member. Any person who is not required to register by the provisions ~ of Section 3 and who after the effective date of this ordinance i11or becomes a member of any communist organization and who commences or continues to reside in, to be employed in, to conduct any business in, or to regularly enter or travel through any part of the incorporated territory of City of Lynwood, shall within two day thereafter acknow- ledge under oath and file with the Police Department of the City a like registration statement. `;7lthin two days after any person who has registered purpuant to this ordinance changes his place of residence or his employment or his place of business or commences to use or become known by 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 is not stated , in his registration statement, he shall acknowledge under oath and file a new registration statement in the same form as provided for original registration statements. Section 5. The Chief of Police shall keep and file all registration statements under this Ordinance at the Police Department, arranged alphabetically according to the surname of the registrant. -4- He shall also compile and maintain from such registration statements an accurate alphabetically arranged file or list of all aliaseslisted thereon, together with appropriate reference indicating the registration statement upon which each of such aliases is listed; and an accurate alphabetically arranged file or list of all communist organizations and their addresses, if any, listed thereon. Neither the registration statements, nor said files or lists of aliases and communist organizations shall be available for public examination, but they shall be exclusively for the confidential use of City officials charged with the duty of issuing permits to carry concealed weapons, issuing permits to buy, sell, or possess explosives, or making appointments to offices or positions in the Lynwood disaster relief authority or any other civilian defense organization or agency in said City. Section 6. Any person required by this ordinance to register who wilfully fails or refuses to so register or any person who after registering wilfully violates any provision of this on~.inance is guilty of a misdemeanor punishable by a fine of Five Hundred Dollars 0,'500.00) or six months imprisonment in the Lynwood City Jail or the Los Angeles County 3ai1 or both such fine and imprisonment. Each day of failure or refusal of such person to register shall constitute a separate offense. Section 7. Any person who wilfully makes any false or misleading statement in any registration statement or affidavit provided for in this ordinance shall be guilty of a misdemeanor punishable by a fine of Five Hundred Dollars 0 500.00) or six ,months imprisonment in the Lynwood City ,jail or the Los Angeles County ,jail or both such fine and imprisonment. - Section S. Any person wn~ 3'G~lb ~G1 ~ ~••v`"~ ----- shall not be entitled: a. To o~"rnershi;~, possession or control of concealed weapons or explosives whether concealed or unconcealed unless he has a special permit from the Lynwood Chief of Police which may not be issued unless: b. To be aopointed to any office or position in the Lynwood Civilian Defense Organization or any other civilian defense organization -5- or agency in said City unless; such a person subse9uent to registration shall file an affidavit v~ith the Chief of Poaice that he is no longer a member of any of the organizations vahich membership he had previously indicated in his registration and that he does not presently advocate by speech, vrriting, or action the overthrow or destruction by force or violence of the present constitutional form of government of the United States or of the State of California or of the City of Lynv~~ood and that he does not presently advocate by speech, writing, or action the destruction, in.~ury, illegal interference or tampering with real or personal property in City of Lynwood as a means of accomplishing a hindrance, delay, inter- ference, or obstruction of the production or manufacturing of material or supplies for the United State military forces or for the civilian defense of citizens of the United States. Section 9. If any provision of this ordinance or the appli- cation thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 10. This ordinance is for the immediate preservation of the public peace, health, and safety and shall take effect immediately upon adoption. The facts constituting such necessity are outlined in Section .2 of this ordinance. Therefore this urgency ordinance shall take effect immedi- ately upon adoption. Section 11. This ordinance s?~a.ll taY.e effect immediately upon adoption. 6ection 12. The City Clerk of said City shall certify to the passage of this ordinance and cause the same to be published once in the Lynvaood Press, a vaeekly newspaper of general circulation, published and circulated in said City of Lymvood. First read at a regular meeting of the City G~ouncil of said City held on the 5th day of September, 1950, and finally adopted and ordered published at a regular meeting of said Council held on the ~gtv, day of September , 1950, by the following vote: AYE Councilmen Bruner Daetvaei7 er. ~nPC~ nn -6- NOES ABSIIJT ATTE T: C EFtK, `0 YNWOOD Councilmen_rT n,~__---------'-"'-"'r~r Councilmen____ n°_ne- -7, ; 4 STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELES ss. OF LYNS'd00D City Clerk of the City CITY ned, T., the undersig of said clerk ®f the Council of LYn4nTood, and ex-°officlo a true and City, d° hereby certify that the above is 5..~-°°- adopted by the correct copy °f Ordinanoe°N° Lynwood and that same was City Counoil of the City stated. date and by the vote therein 1952• pawed on the 1 th day of ~~ e Dated ty~is ~,-.°°° Ty OF L NW00 IT EAK