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Home My WebLink About9336 - Abatement of Moral Public Nuisance Law• RESOLUTION NO. 9336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUPPORTING INITIATIVE LEGIS- LATION KNOWN AS "ABATEMENT OF MORAL PUBLIC NUISANCE 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 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 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 communi- ties; and WHEREAS, the California Supreme Court ruled on June 1, 1976, in People ex rel. Busch v. Projection Room Theater et al., 17 Cal. 3d 52 also known as the Busch decision, that "conduct offensive to a community's moral sensibilities is likewise 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 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 95, 307 N.E.2d 911, appeal dismissed for want of a substantial federal question in 421 U.S. 923, 95 S.Ct. 1649, 44 L.Ed.2d, which upheld on the merits an Ohio public nuisance statute and procedures which authorize 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 21, 1973) that 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 interest of the moral and general welfare of the people in the local communities and it appears (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 -2- 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 95, 307 N.E.2d 911, appeal dismissed for want of a substantial federal question in 421 U.S. 923, 95 S.Ct. 1649, 44 L.Ed.2d, which upheld on the merits an Ohio public nuisance statute and procedures which authorize 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 21, 1973) that 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 interest of the moral and general welfare of the people in the local communities and it appears (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 -2- the purpose of enacting general laws through initiative legislation; (a) to provide stronger controls over such • moral public nuisances for local govern- ments 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, and (c) to put an end to the pre - emption policy presently 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 Law," has been drafted to accomplish the above stated objectives, and is presently being circulated for qualifying signatures; NOW, THEREFORE, BE IT RESOLVED as follows: Section 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; and Section 2. That the attention of all citizens of the City of Newport Beach 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 -3- 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. • ADOPTED this 22nd day of May , 1978. ATTEST: J,4�L-� City Cl rk DATEi Ir u MAY 2 5 1978 =9-4, .✓ mz / � i DDO /bc 5/15/78 JT:HC**IN4 CITY CLERK OF THE CITY OF 86ACW DATEi Ir u MAY 2 5 1978 =9-4, .✓ mz / � i DDO /bc 5/15/78