In Re Hall
Opinion
Lead Opinion
Finlayson, J.
Petitioner is imprisoned under a warrant of arrest issued out of the police court of the city of Pasadena upon a complaint charging him with a violation of an ordinance entitled “An ordinance of the city of Pasadena regulating the hours during which dancing may be conducted and dance-music performed in certain places.” So far as material, the ordinance reads: “Between the hours of 10 o’clock P. M. and 8 o’clock A. M. of the next succeeding day, it shall be unlawful for any person, firm or corporation in control of any room or hall, any portion of which or any window of which is within twenty-five (25) feet of any portion of any building used as the residence of any person other than the person in control of .such room or hall, to conduct or permit dancing or the performance of any dance-music in such room or hall.” The ordinance further provides that any person convicted of a violation thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.
[1] Petitioner contends that the ordinance is unreasonable and oppressive, that it unduly and unwarrantably interferes with his…