78-324RESOLUTION NO. 70 324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIE SUPPORTING INITIATIVE LEGISLATIO14
, , OWN AS "ABATE -ENT OF MORAL PUBLIC NUISAA ES
LAW."
WHEREAS, during the past several years, widespread
dissemination of pornographic materials and the increase in
commercial businesses dealing in hard -core pornography and in
lewdness, assignation, and prostitution has created serious
law enforcement problems in local communities throughout the
State of California, 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 believe that indiscriminate dissemination of such mater-
ials, and continued toleration of businesses which degrade sex,
will, over a long period of time, have an eroding effect on the
moral standards of local communities and will do irreparable
harm to the family structure and family values of those communi-
ties; and
WHEREAS, the California Supreme Court ruled on June 1,
1976 in People ek rel. Busch v. Pr Ro om Th eate r et a1.,
17 Cal. 3d 42, 51, also known as the Busch decision, that
"conduct offensive to a community's moral sensibilities is like-
wise subject to regulation" 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 justify 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 morals" 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 United States Supreme Court has indicated
in I v. California, 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct.
207 June 21, 1973 that the determination of conumunit,y 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:
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(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 govern-
ments, 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 invoked 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 regulated 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.
WHEREAS, an Initiative measure, known by the title
of "Abatement of Moral Public Nuisances law," has been drafted
to accomplish the above stated objectives, and is presently
being circulated for qualifying signatures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ANAHEIM AS FOLLOWS:
1. That the City Council fully supports the
principles 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.
2. That the attention of all citizens of the City
of Anaheim 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.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 23rd day of
May 1978.
MAYOR OF THE CITY OF A! AHEIP�
ATTEST: PRO T`L' M
CITY'CLERK OF THE CITY OF ANAHEIM
ROF :jh
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