TED SCHNEIDERMAN, J.
On September 26, 1989, the defendant, Lawrence E. Tipton, through his attorney, filed a motion to dismiss on the ground that the ordinance under which the defendant is charged is unconstitutional on its face. The defendant requested an evidentiary hearing, and evidence was received on October 5, 1989 and concluded on October 10, 1989.
The motion to dismiss claims that the ordinance is unconstitutional for the following reasons:
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