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RESOLUTION NO. 3454
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, REQUESTING
THE STATE BOARD OF DIRECTORS OF THE
LEAGUE OF CALIFORNIA CITIES TO SPONSOR
OR SUPPORT STATE LEGISLATION ENABLING
CITIES TO ENACT ADDITIONAL OR SUPPLEMENTAL
REGULATIONS NOT INCONSISTENT WITH STATE
LAW PROHIBITING OR REGULATING CRIMINAL
ACTIVITY, AND RE'htUESTING THE INCLUSION OF
SUCH LEGISLATION IN THE GOVERNOR'S CALL
FOR A SPECIAL SESSION OF THE LEGISLATURE.
WHEREAS, Section 11 of Article XI of the State Constitu-
tion grants police power to cities as follows: "Any county, city,
town or township may make and enforce within its limits all such
local police, sanitary, and other regulations as are not in con-
flict with general laws;" and,
WHEREAS, the State Supreme Court has recently ruled in
the "Carol Lane Case" that regulation of criminal aspects of sexual
ac ti vi ty and pros ti tu tion is ,:a field that has been preempted by
State statutes and, therefore, precludes cities from enacting regu-
lations relating to such activity; and,
WHEREAS, City officials in Los Angeles County believe
that State regulation of sexual activity, prostitution, and other
criminal activity is in the best interests of the people only if
local gove~nment is enabled to legislate beyond State regulation;
and,
WHEREAS, the recent ruling in the "Carol Lane Case" ren-
ders unenforceable certain city ordinances regulating criminal
aspects of sexual activity, thus endangering the public safety,
peace and Welfare; and,
WHEREAS, the recent ruling in the "Carol Lane Case" is
the latest of a line of Court decisions wherein the Courts have
held that the State statutes have preempted the field of regulation
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3454
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of criminal activity, thereby invalidating local supplemental regu-
lations; and,
WHEREAS, State legislation cannot regulate criminal as-
pects of all ,types of criminal activity with the degree of refine-
ment necessary to deal with the multitude, of varied problems affect-
ing local agencies of government since such problems differ greatly
in various areas;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the State Board of Directors of the League
of California Cities is requested to sponsor or support State legis-
lation which will expressly enable cities and counties to enact
additional or supplemental regulations not inconsistent with State
law prohibiting or regulating criminal activity, and requesting the
Governor of the State of California to include such legislation in
his Call for the Special Session of the State Legislature.
SECTION 2. The City .Clerk shall certify to the adoption
of this resolution and is hereby directed to send a certified copy
hereof to Governor Edmund G. Brown and to said State Board of Di-
rectors of the League of California Cities.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
on the 16th day of January , ,1962, by the affirmative vote of at
least three Councilmen, to wit:
AYES:
NOES:
Councilmen Butterworth, Camphouse, Phillips,
Reibold and Balser
None
ABSENT:
None
~t~~
SIGNED AND APPROVED this 16th day of January, 1962.
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City Clerk
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