What is the effect of a vague section of the California Fire and Rescue Code in the context of enforcement of an unconstitutionally vague ordinance?

Petitioners contend that enforcement of the ordinance constitutes a denial of due process of law in that administrative discretion to grant or deny a permit is couched in unconstitionally vague terms. They also attack the ordinance because its exemptions deny them equal protection of the laws, and because it unconstitutionally requires, as a condition of the investigation for a permit, that the applicant waived his Fourth Amendment rights. (See Parrish v. Civil Service Commission (1967) 66 Cal.2d 260, 271, 57 Cal.Rptr. 623, 425 P.2d 223.) We find that the ordinance as enacted and as it existed at the time of its attempted enforcement against petitioners ³ was unconstitutionally vague on its face. [73 Cal.App.3d 600] The judgment must be reversed with directions to issue a peremptory writ as prayed for by

Page 851