HomeMy Public PortalAboutOrd. 0545~~i
ORDIPiANCE N0. 5~+5
AN ORDIPIANCE OF THE CITY OF LYN1~J00D REQUIR-
ING REGISTRATIOri Or' MEMBERS OF CERTAIN ORGADI-
IPATIONS, AiQDPROVIDING FOPS THE USE OF SUCH
REGISTRATIOPd STATEb~IENTS AIv'D LIMITING SOME
ACTIVITIES OF REGI5T'RAPTTS.
The City Council of the City of Lynwood, Galif.ornia,
does ordain as follows, to-ty=it:
Section 1: The City Council finds that•
a. There exists a world-wide revolutionary movement
whose purpose it is, by any means deemed necessary, to establish and
perpetuate a totalitarian communist dictatorship based upon force
and power, rather than upon law, in all of the countries of the rn=orld
including the United States, even though it be against the consent
of the majority of the people of such countries.
b. The world-wide revolutionary movement is predicated
upon, and is designed and intended to carry into execution, the bask
precepts of conununism expounded by Karl Marx, Friedrich Engels,
Vladimir Ilyich Lenin and Joseph Stalin, as they have been and are
presently being interpreted and executed by the most povrerful
existing i'oreign communist government, the Soviet Union, and by those
countries which are dominated or controlled by the Soviet Union.
c. Pursuant to the objectives of the world communism,'
movement in numerous foreign countries the legally constituted
governments have been overthrown and ruthless totalitarian com~i~unist
dictatorships established therein against the ~,,*ill of the people of
such countries, and the establishment of similar dictatorships in
other countries is imminently threatening. The successful establish-
ment of such totalitarian communise dictatorships has consistently
been aided, accompanied, or accomplished by repeated acts of treachery,
deceit, terrorism, and sabotage, together with organized confusion,
insubordination, and disloyalty, fostered, directed, inst9.gated, or
employed by communist organizations and their members in such countries.
d. In the City of Lyn`,;ood there are active, disciplined
communist organizations presently functioning for the primary purpose
of advancing the objectives of the world communism movement, xrh;ch
organizations promulgate, advocate, and adhere to the precept that
the principles and doctrines of the world communism movement must
eventually be accepted by the majority of the people in•the City of
Lynwood and elsewhere, not:oithstanding the refusal of the majority
to accept such principles and doctrines through the free exercise of
the ballot or by any other lawful or constitutional means,
These communist organizations are characterized by identification of
their programs, glides, and objectives with those of the =,aorld
communism movement and the foreign communist governments established
pursuant to such movement; ,and they regular7,y and consistently
cooperate with, and endeavor to carry into execution programs, policies,
and objectives substantially identical to programs, policies, and
objectives of, such movernen,t and such governments,
e. Those individuals in the United States who knot-singly
partic~.pate in these communist organizations for the purpose of
advancing the objectives of the world communism movement within
the City of Lyni•~ood, and elsewhere, are required to, and in fact do,
transfer their allegiance from the United States to the world communism
movement, and to the foreign cor.~munist governments, organizations,
and agencies tahich exercise control and direction of the taorld
communism movement; and they are further -required, and in fact subrriit
to rigid discipline exercised by and within their respective organiza-
tions, which has both the purpose and effect of ensuring unified
direction and execution of all policies, programs, and activities
adopted or promulgated by such organizations for the advancement of
the objectives of the world co!-!munism movement.
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f. At the present brae, military and 'naval operations
sire being conducted by the United States in Korea against an aggressor
communist government, vahich is dominated by the Soviet Union. There
is a substantial and. specific danger that additional communist mi1Y:tary
aggression will occur in the immediate future in. other parts of the
world, t~rhich will require further and more extensive military opera-
tions by the United Stated.
g. There is a clear and present danger, which the
City Council specifically finds is great and imminent, that in order
to advance the programs, policies, and objectives of the t~aorld
communism movement, communist organizations in the City of Lynwood
and their members m*ill engage in both individual and. concerted activi9
ties within the perimeter of said City to hamper, restrict, interfere
with,' cripple, impede, or nullify the efforts of the United States,
the State of California, and the City of Lynwood and their loyal
citizens, to meet the current and prospective military requirements
of the nation and prepare for civilian and.military defense against
foreign communist aggression. There is a clear and present danger,
whicYi is very great and imminent, that the tactics, strategy, and
methods which have been recently employed successfully in other
countries to advance the objectives of tY~e world communism movement,
including acts of sabotage, coup d'ets.t, armed insurrection, assassin-
ation, terrorism, forceful interruption of public utilities services,
and organized insubord-ination and disloyalty of governmental employees,
will be employed in the immediate future by communist organizations
and the9.r members for such purposes in the City of Lynwood.
h. There is a clear and present danger, t~=hich the
Council specifically finds is great and imminent, that through
stealth, deceit, trickery, secretiveness and concealment of identity
and location, communist organizations and the me!nbers thereof drill
succeed in infiltrating and obtaining positions in government and
governmental agencies, in public utilities, and industrial plants
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producing equipment and materials essential to military and civilian
defense, and in civilian defense agencies and organizations in the
City of LynUrood without the knot~rledge of the employing and super-
vising officers that they are members of such organizations, and tVill
succeed in fomenting organized insubordination and disloyalty therein
1. Because of the strategic location of tPie City of
Lynwood, the presence in the City of manufacturing plants devoted
to the production of the weapons and other material of military and
civilian defense, all possible rmeasures under the law must be immediate-
ly taken to safeguard and prevent any use within the City of forceful,
deceitful, or illegal means for imparirig the legal authority or
power of the constitutional government or~interfering with the
military and civil defense of the nation, sta.t,e or city,
J• The Council specifically finds that compulsory
registration for the purpose of obtaining information as to the
identity and location of members of communist organizations who
reside in, are employed in, conduct a business in, or regularly enter
or travel through the City, is a reasonable measure by which to acquire
such information and make it available to the appropriate public and
private agencies and officers concerned, and thereby safeguard
and prevent the use by such members ~rithin the City of Lyntirood of
forceful, deceitful, and illegal means for impciring the legal authority
or pourer of the constitutional government, or interfering vaith the
military and civilian defense of the nation, state, or city.
Section 2:-' 64ithin the meaning of this ordinance:
a, "Organization" means an
Y as„ociation, body, society,
corporation, or group of two or more persons permanently or temporarily
associated together for the purpose of ,joint or concerted action of
any nature.
b. "Communist organization" means any organization
which is organized, :or tirhich operated, primarily, for the purpose
of advancing the ob~eetives of the world communism movement.
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Competent evidence relating to the following typical
considerations is hereby declared material but not conclusive to the
determination of tanether an organization is a °communist organization:"
(1) Consistent promulgation of, support for, or ad-
herence to, without substantial deviation, the programs, policies, and
objectives of a foreign communist government, foreign communist
organization, or any agency in vrhich is vested control or direction
of the world communism movement.
(2) Consistent promulgation of, support for, or ad-
herence to, without substantial deviation, the strategy, tactics and
methods of execution which have been or now are regularly adopted or
employed by any foreign cormmunist government, foreign communist
organization, or any agency in which is vested control or direction
of the world communism movement, for the .purpose of achieving its
program, policies, and objectives,
(3) Consistent recogniation of the disciplinary
powers, over its principal leaders or a substantial number of its
members, of any foreign communist gove-rtw-rert, foreign communist organ-
ication, or any agency in which is vested control or direction of
the world communism movement.
(Yf) Consistent acts or public expressions evidencing
cooperation with and efforts to carry into execution the programs,
policies, or objectives of any foreign communist government, or. .
foreign communist organization, or the taorld communism movement.
(5) Consistent practice of assisting, directing,
advising or encouraging its members to travel to any foreign country
for instruction or training in the principles, tactics, strategy and
policies of the-world communism movement.
(6) Consistent leadership, management, direction,
supervision, or control,of the organization and its activities by
persons echo, whether or not they hold office in such organizations,
are active in the leadership, management, direction, supervision or
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control of the world communism movement,
(7) Consistent disciplinary action, involving censuz°e,
removal from posts of leadership or expulsion from the organiza~fiions
of members tiaho fail or refuse to adhere to the programs, policies or
decisions adopted by the organization which tend substantially to
advance the objectives of the world communism movement.
(8) Consistent advocacy or encouragement of insubor-
dination among or by the employees of the present constitutional
government, or of disloyalty to the present form of constitutional
government for the purpose of advancing the objectives of the world
communism movement.
c. °World communism movement" means the world-t-ride -re-
volutionary movement referred to in Section 1.
d. "b'oreign communist government" means any foreign govern-
ment or subdivision thereof which is controlled or directed by, or
is subject to the discipling of, the ti~rorld communism movement or any
officer, agent, agency or representative thereof, or tahich is exercis-
ing control, direction or disciplinary powers over the world communism
movement or any agency or subdivision thereof.
e. "Member" means any person who is recognized by an
organization as such, or ~L*ho is formally associated or affiliated tirith,
any organization, or who accepts the pilicies, principles and program
of an organization and is active in its behalf. In ary proceeding
under thyme ordinance, otheroTise competent evidence relating to the
following typical considerations is hereby declared to be materials
but not conclusive to the determination of erhether an individual is
a members of a communist organization:
1, possession of a valid and effective member ship
card or certificate, in
2. regular payment of dues, to
3. consistent solicitation of neia members for
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~.. holding an official position in
5. holding a position of responsibility on the staff
of a newspaper or periodical published by, or at the direction of, or
under the control of,
6. serving with consent as a candidate for public
office of
7. attendance at closed meetings of
8, announcement of such membership by
9. admission of status o:f membership in
10, consistent public participation in the organized
activities of
a communist organization.
f. "Public utility" means any organization or facility,
wheffiher publicly or privately oti~ned, which owns, controls, operates,
or manages any equioment, plant or system which provides to the public,
or any xport~.or'i"'- thereof, any essential commodity or service, such as
water, gas electricity, communication, transpo~ation, fuel, or power.
g. "Alias° means any nan?e other than the true name of
a person, v:Thich such person uses or has used, or by which he or sire
is knotn o'r has been knokm.
Section 3: Within ten days after the effective date of
this ordinance, every person who resides 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 LynVrood,
and who is a members of any communist organization, shall register
by acknowledgeing under oath and filing with the Police Department
of the City a registration statement containing the following
inf ormation:
1. A1ar~?e and any alias or aliases of the registrant.
2. Address of registrant's place of residence.
3. blame and addres"s of registrants employer, if any,
and the address at iahicl and name under which registrant is conducting
any business.
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is a member.
~. The name of all communist organizations of which he
Section 4: Any person who is not required to register
by the provisions of Section 3, and trho after the effective date of
this ordinance is, or becomes a members of any communist organization
and who commences or continues to reside in, to be employed ih, to
conduct any business in, or to regularly enter or travel through any
part of the incorporated territory of the City of Lynwood, shall,
withiiz two days thereafter, acknowledge under oath and file with the
Police Department of the City a like registration statement.
Section Within two days after any person who has
registered pursuant to this Ordinance changes his place of residence
or his employment or his place of business or commences to use or to
become known by a nape otrier than a name yfnieh he has registered, or
becomes a member of a communist organization the name of Which is not
stated on 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 6: Any person reau.ired to register by this
Ordinancesha~ll~~doso by filing the required registration statement
at the Polce?17ep~rt~ient;fof~°tYa'eoGity of LyntitiTood.
Section ~: 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, He shall. also compile and maintain from such regis-
tration statements an accurate alphabetically arranged file or list
of all aliases listed thereon, together with appropriate reference
indicating the registration statement upgn tahich each of such aliases
is listed; and an accurate alphabetically arranged list of all communist
organizations listed thereon. Neither the registration statei;~ents, nor
files or lists of aliases and communist organizations, shall be
available for public examination, but they shall be exclusively for
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the confidential use of City officials charged gTith 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 City~a disaster relief authority or any other civilian def.enae
organization or ~-gency in said city.
Sect9_on 8: Any person who registers under this Ordinance
shall notj
a. isL:y, sell, own, possess or control any revolver, pistol,
dagger, dirk, slug, high-powered air rifle, billy, or other concealed
weapon, no-r any permit to carry any concealed weapon, nor shall the
City of Lynwood issue such a permit to a-person so registered;
b. Buy, sell, own, possess or control any gun por*der,
blasting powder, dynamite, or any other explosive substance having a
power greater than or equal to ordinary black :cowder, nor any permit
to buy, sell, otm, possess or control such explosives, nor shall the
City of Lynraood issue such a permit to a person so registered;
c. Be appointed to any office or position in the City of
Lynwood disaster relief authority or any other civilian defense organ-
ization or agency in said City; unless such person subsequent to regis-
tration shall have t~rithdrawn such registration statement in the manner
provided in Section 9.
Section Q: Any person ti~~ho has registered pursuant to
this Ordinance who terminates his or her membership in the communist
organization or organizations designated. in his or her registration
statement, or who ceases to reside in, be employed in, have regular
place of business in or regularly enter or travel through any part of
the incorporated territory of the City of Lynwood .may wi_thdrat~t the
registration statement previously filed upon. submitting to the Police
Department an affidavit to that effect.
Section 10: Any person rea_uired by this Ordinance to
register who fails or refuses to so register;
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and any person who after registering wilfully violates any provision
of this Ordinance, is guilty of a misdemeanor punishable by afire
of `x"500 or six months imprisonment in the City Jail of the City of
Lynwood or of Los Angeles County, or by both such fine and imprison-
and
meat,/each day of failure or refusal of such person to register shal
constitute a separate offense.
Section 11: Any person who ~~rilfully makes any false or
misleading statement in any registration statement or affidavit pro-
vided for in this Ordinance shall be guilty of a misdemeanor,punish-
able by a fine of X500 or six montha~ imprisonment iS the City Jail
of the City of Lynwood or of Los Angeles County or by both such fine
and imprisonment.
Section 12: If any provision of this Ordinance, or the
application 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 1~: This Ordinance is for the immed.iate.pre-
nervation of the public peace, health, and safety and shall take
effect immediately upon adoption. The facts constituting such
necessity are outlined in Section 1 of this Ordinance.
~i'herefore this urgency ordinance shall take effect
immediately upon adoption.
Section l~k: The City Glerk of said City shall certify
to the passage of this ordinance and cause the same to be published
once in the Lynwood Press, a weekly newspaper of general circulation,
published and circulated in said Gity of Lynoaood.
First read at a regular meeting of the City Council of
said City held on the 5th day of September, 1950, and finally adopted
and ordered published at a reg~zlar meeting of said Council held. on
day of~tember 1950, by the following vote:
the_]~_
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AYES: Councilmen Aruner D~PtweilAr Snedd.on
Stroh ~lill~rd
NOES : Council,:~en PSone__
APSEDiT: Councilmen None
STATE OF CALIFORNIA ~
COUNTY OF LOS ANGELESo ss.
CITY OF LYNVd00D
I, the undersigned, City Clerk of the City
p`f Lynwood, and ex®officio clerk of the Council of said
City, do hereby certify that the above is a true and
correct copy of Ordinance No, c,,!}~ adopted by the
City Council of the City of Lynwood and that same was
passed on the date and by the vote therein stated.
Dated this lath day of ~nt~r~?~Pr , lg Fem.
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CIT C E 0 TY OF L
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