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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: -1- (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 -2-