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1 ORDINANCE NO. 0-03-24 <br /> 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br /> COLTON REPEALING SECTION 5.08.040 OF CHAPTER 5.08 <br /> 3 (HOTELS-LODGING HOUSES) OF TITLE 5 (BUSINESS <br /> LICENSES AND REGULATIONS) OF THE COLTON <br /> 4 MUNICIPAL CODE WHICH PROHIBITS JOINT OCCUPANCY <br /> OF DWELLINGS, APARTMENTS, HOTELS AND SIMILAR <br /> 5 LODGING FACILITIES BY MEMBERS OF THE OPPOSITE SEX <br /> 6 WHEREAS, section 5.08.040 of Chapter 5.08 of title 5 of the Colton Municipal Code <br /> 7 makes it unlawful ". . . for any two persons of the opposite sex, except husband and wife or <br /> 8 parent and minor child, to occupy jointly and privately for lodging or sleeping purposes any <br /> 9 room or rooms in any dwelling, apartment house, private rooming house, lodging house, hotel <br /> or other building in the City. . . . " <br /> 10 <br /> 11 WHEREAS, this section dates back to 1953 and is now outdated and legally <br /> 12 unconstitutional as an infringement on personal rights of privacy and free association; and <br /> 13 WHEREAS, by adoption of this Ordinance, the City Council desires to update and <br /> 14 modernize the Code by removing outdated and unconstitutional provisions from its text; and <br /> 15 WHEREAS, all prerequisites to the adoption of this ordinance have occurred. <br /> 16 <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, <br /> 17 CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: <br /> 18 <br /> SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the <br /> 19 <br /> foregoing recitals presented herewith are true and correct and are hereby incorporated and <br /> 20 adopted as findings of the City Council. <br /> 21 <br /> 22 SECTION 2. The City Council of the City of Colton hereby repeals section 5.08.040 <br /> 23 from Chapter 5.08 (Hotels-Lodging Houses) of Title 5 (Business Licenses and Regulations) of <br /> 24 the Colton Municipal Code in its entirety. <br /> 25 <br /> SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, <br /> 26 <br /> phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by <br /> 27 the decision of any court of competent jurisdiction, such decision shall not affect the validity of <br /> 28 the remaining portions of this Ordinance. The City Council hereby declares that it would have <br />