MacLeod v. City of Los Altos
Decision Date | 01 July 1960 |
Docket Number | No. 18661,18661 |
Court | California Court of Appeals Court of Appeals |
Parties | George MacLEOD, David S. Nivison, Myra Campbell and Peter Szego, each individually and on behalf of the Los Altos Democratic Council, Plaintiffs and Respondents, v. CITY OF LOS ALTOS, Irving L. Atkinson, Donald B. Greenwood, Roy L. Dunnett, Robert A. Prior, Frank Williamson, R. R. Renshaw, and John M. R. Hope, Defendants and Appellants. |
Anthony J. Lagorio, City Atty., Los Altos, for appellants.
MacLeod & Gunn, Palo Alto, for respondents.
The city of Los Altos and certain of its officials appeal from a judgment entitled 'Permanent Injunction,' by which appellants are enjoined from applying or enforcing, or attempting to apply or enforce, a certain ordinance against plaintiffs. The latter are officers of, and sue on behalf of the Los Altos Democratic Council, a voluntary association affiliated with the Democratic Party, and organized as a nonprofit association for political purposes. The matter was heard on a demurrer to the complaint and a notice of motion (order to show cause) for a preliminary injunction. By consent of the court and the parties, the hearing was converted into one on the merits, and certain stipulations were made for that purpose.
From the pleadings and stipulations the facts appear as follows: The plaintiffs desire to do 'precinct work' and to solicit funds on behalf of the Los Altos Democratic Council and the Democratic Party, and this involves house to house canvassing and solicitation in the city of Los Altos. The city claims that such activities violate its Ordinance No. 18, adopted March 10, 1953, as amended by Ordinance No. 88, of January 17, 1956, and Ordinance No. 151, of April 1, 1958. It is stipulated that the city will not attempt to prevent the distribution of literature or the visiting of homes for the purposes of political discussion or persuasion, but that it will attempt to enforce the ordinance against plaintiffs if they undertake, in the course of such visiting, to solicit funds.
On October 2, 1956, and on August 6, 1957, plaintiffs asked the City Council for permission to solicit, which was refused. No further application for a permit to solicit has been made to the City Council, and no application for a permit was made to the Chief Administrative Officer following the amendment to the ordinance of April 1, 1958.
The court wrote an opinion in which it held (1) that the ordinance does not apply to plaintiffs and (2) that if it does apply, it is unconstitutional. Since we agree with the court that the ordinance does not apply to plaintiffs, we refrain from discussing the constitutional question. We should not undertake to determine the constitutionality of a statute or ordinance unless it is necessary to the decision of the case to do so. Palermo v. Stockton Theatres, Inc., 32 Cal.2d 53, 65-66, 195 P.2d 1.
We agree with Judge Owens' reasoning as to the construction of the ordinance, and adopt portions of his opinion relating to that question: 'In order to consider adequately these contentions, it is necessary first to advert to the ordinance itself. The ordinance known as Ordinance No. 18 was enacted by the city of Los Altos on March 10, 1953 and is entitled 'An Ordinance Regulating the Practice of Soliciting of Business within the City of Los Altos Including Door-to-Door Sales and Fixing Penalties for the Violation and Provision for the Enforcement Thereof.' The Sections of this ordinance as enacted on March 10, 1953 and which are pertinent hereto are as follows:
'Section 1: Subject to Section 8 hereafter, the practice of being in and upon private residences in the City of Los Altos, California, by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise for the purpose of soliciting orders for the sale or goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor.
'Section 8: This Section of the Ordinance provides that any person convicted of or perpetrating a nuisance as described and prohibited herein or any person practicing unlawfully the solicitation of business as provided herein without having obtained a permit therefor and paid the license fees as required herein shall be guilty of a misdemeanor and subject to a fine of not less than $25.00 or more than $300.00 or imprisonment for not less than 5 days or more than 30 days in the Santa Clara County Jail or by both such fine and imprisonment.
'Section 9: This last Section reads as follows: Nothing in this ordinance contained shall prohibit or prevent the City Council of the City of Los Altos from granting a permit for any form of solicitation to any person or entity for a non-profit and community, or recreational, or religious, or charitable, or educational, or similar purpose, and deemed in the interest and welfare of the City of Los Altos and the residents thereof.
...
To continue reading
Request your trial-
Thomsen v. City of Escondido
...A court may properly enjoin an attempt to apply a valid ordinance to conduct not within its terms. (MacLeod v. City of Los Altos (1960) 182 Cal.App.2d 364, 369, 6 Cal.Rptr. 326.) "Ordinarily, a party challenging the grant of a preliminary injunction must demonstrate that the trial court abu......
-
People v. Gilbert
...presented by defendant. (Cf. Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53, 66, 195 P.2d 1; MacLeod v. City of Los Altos (1960) 182 Cal.App.2d 364, 366, 6 Cal.Rptr. 326.) If we were to conclude that defendant could be subjected to prosecution under section 484, we would then be req......
-
Peck's Liquors, Inc. v. Superior Court In and For San Francisco County
...and a statute setting forth certain acts as a criminal offense should be specific and not open to doubt. (MacLeod v. City of Los Altos, 182 Cal.App.2d 364, 368, 6 Cal.Rptr. 326; California Gasoline Retailers v. Regal Petroleum Corp., 50 Cal.2d 844, 862, 330 P.2d 778; Sharpensteen v. Hughes,......
-
Crittenden v. Superior Court of Mendocino County
...is an attempt to apply a statute or ordinance to conduct not within its terms. (Citations.)' (MacLeod v. City of Los Altos (1960) 182 Cal.App.2d 364, 369-370, 6 Cal.Rptr. 326, 330.) Turning to the second issue stated above, the interpretation of Vehicle Code section 22502, we note the langu......