Burk

Petitioner Burk was charged in respondent municipal court with a violation of section 4260.75, Whittier Municipal Code, and section 1200, Whittier Municipal Code, in that he “did willfully and unlawfully erect and maintain a sign for advertising and display purposes upon real property, zoned R-3, and located at 224 North Greenleaf Ave. in the City of Whittier which sign did contain the words ‘For Sale’ and did refer to Bob Burke Reality [sic], which firm was not the owner of said real property and said sign was not a name sign or an identification sign or an open house sign nor was said real property a lot for sale or lease in a new tract or new subdivision.’’

Petitioner Yatsko was similarly charged, the only difference being the location of the property and the name (Western Realty Company) of the real estate broker involved. Their demurrers were overruled, whereupon they instituted the present proceeding seeking a writ of prohibition against further prosecution. The writ was denied and they have appealed to this court.

The pertinent parts of section 4260.75, which petitioners are alleged to have violated, read as follows:

Petitioners contend that the ordinance is…