HomeMy WebLinkAboutResolution No. 66510 0
RESOLUTION NO. 6651
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA SUPPORTING INITIATIVE LEGISLATION KNOWN AS
"ABATEMENT OF MORAL PUBLIC NUISANCES LAW."
WHEREAS, during the past several years, the widespread
dissemination of pornographic materials and increase in commercial
businesses dealing in hard-core pornography and in lewdness,
assignation, and prostitution has created serious law enforcement
problems in the local communities throughout the State of Califor-
nia, and the failure of existing laws to provide an effective
means for controlling these local problems has become a matter
of grave concern; and
WHEREAS, a substantial number of the people of this State
feel that the indiscriminate dissemination of such materials, and
the continued toleration of businesses which degrade sex, will,
over a long period of time, have an eroding effect on the moral
standards of the local communities and will do irreparable harm
to the family structure and family values of those communities;
and
WHEREAS, the California Supreme Court ruled on June 1, 1976
inPeople ex rel. Busch v. Projection Room Theater et al., 17 Cal.
3d'52
also known as trie Busch decision., itFat "conductffensive
to a community's moral sensibilities is likewise subject to regu-
lation" under the public nuisance statutes in the same manner as
conduct which is offensive to the five physical senses of hearing,
sight, touch, smell, and taste; and
WHEREAS, the California Supreme Court also ruled in the
Busch decision that it saw "no satisfactory distinction which would
us ify differential treatment of the pictorial representations in
obscene magazines and films on the one hand, and 'live' performances
on the other" and that " the presentation of either may fairly be
described as 'indecent' and equally injurious to public morales"
and that the exhibition of obscene magazines and films is a "per se"
public nuisance, which can be abated under the public nuisance laws
of this state as a moral public nuisance; and
WHEREAS, the California Supreme Court in Busch cited with
approval the U.S. Supreme Court decision in State ex rel. Ewing
v. Without a Stitch, (1974) 37 Ohio St. 2d 953 07 N.E.2d 911,
appeal dismissed for want of a substantial federal question in
421 U.S. 923, 95 S.Ct. 16493 44 L.Ed.2d 82, which upheld on the
merits an Ohio public nuisance statute and procedures which auth-
orize a State Court to apply stringent penalties (even closure
under certain conditions) where moral public nuisances were found
to exist under the law; and
WHEREAS, the U.S. Supreme Court has indicated in Miller v.
California, 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct. 207 (June�—
1D73T_ih_a'E the determination of community standards is largely
a matter for the local communities; and
WHEREAS, the elimination of the above-described evils
from the communities is in the best interests of the moral and
general welfare of the people in the local communities and it
appears;
. . .J
(1) that this can most effectively be accomplished by
declaring the same to be a "municipal affair" which is
more properly the subject of control by local governments,
and
(2) that a situation exists wherein the initiative
power reserved to the electors of cities and counties by
Article IV, Section 1 of the California Constitution,
should be envoked for the purpose of enacting general
laws through initiative legislation;
(a) to provide stronger controls over such moral
public nuisances for local governments which are regu-
lated by general laws, and
(b) to restore to charter cities and counties
the home rule powers which are needed to deal further
with such municipal affairs, and
(c) to put an end to the pre-emption policy pre-
sently being applied in the California Courts, which
prevents the recognition of the problem as being a
municipal affair which requires the application of
both local control and home rule powers; and
WHEREAS, an Initiative measure known by the title of
"Abatement of Moral Public Nuisances Laws', has been drafted to
accomplish the above stated objectives, and is presently being
circulated for qualifying signatures;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES RESOLVE AS FOLLOWS:
Section 1. That the City Council fully su?ports the princi-
ples stated in the Initiative measure, known as the 'Abatement
of Moral Public Nuisances Law" and recommends that the same be
placed on the ballot as an issue for the general public to decide;
and
Section 2. That the attention of all citizens of the City
of Azusa is invited to the efforts of the sponsoring group, known as
"Decency in the Environment Today", which is seeking to obtain the
necessary qualifying voter signatures, and are urged
to lend their support to such effort, so that the matter may be
placed on the ballot as an issue to be decided by the voters of
the State of California at the next general election following
its qualification.-
PASSED
ualification.
PASSED and ADOPTED this 17th day of April, 1978
I hereby certify that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at a regular meeting
thereof held on the 17th day of April, 1978, by the follovd.ng vote of
Council:
AYES: Councilmen: Decker, Fry, Cruz, Moses, Solem
NOES; Councilmen: None
ABSENT:Councilmen: None