Resolution No. 2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
...
RESOLUTION NO.
2544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
SUPPORTING A SENATE RESOLUTION INTRODUCTED BY SENATOR
RICHA,RD RICHARDS OF LOS ANGELES COUNTY URGING THE LEGISLA-
TURE OF THE STATE OF CALIFORNIA TO EXPRESS ITS INTENT RE-
GARDING THE JURISDICTION OF LOCAL AGENCIES TO ENFORCE VICE
ORlJINANCES.
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
WHEREAS~ the Supreme Court of California has, by its recent
decision in the matter of Carol Lane on Habeas Corpus. declared that the
State has preempted the field of regulating the criminal aspects of sexual
activity and prostitution; and
WHEREAS1 said decision jeopardizes local municipal police
ordinances; and
WHEREAS" it is essential that local governmental agencies
throughout California have adequate leg.al authority to cop.e with particular
problems of vice as they appear in the immediate jurisdictions;
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1:
That the City Council of the City of Vernon
18 hereby goes on record as supporting the Senate resolution introduced by
19 Senator Richard Richards of Los Angeles County urging the legislature of
20 the Sta.te of California to express its intent regarding the jurisdiction of
21 local agencies to enforce vice ordinances.
22
SECTION 2:
r
That the City Clerk of the City of Vernon shall
23 certify to the pas:sage of this Resolution and thereupon and thereafter the
24 :same shall be in full force and effect.
25 ADOPTED and APPROVED this 30th day of March, 1962.
26
27
~
Z
Z = ~ '" 28
o ~:i~
><>-z5<l':'29
OIllOIlU ..
.. o..Z Z : , "
o .~ ffig:.: 3
"0::...>... II: 030
2 ... .. II <l :J
::: I-<l 02 0.. ;;:
oZ)o>" Z Z
11I.....- 0 0
u-G ~ ... ~ 31
ZO L I!l ~
II Z ..
> : ~ .. 32
:J
J:
ATTEST:
~YClerk
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
~
Z
z : ~ .. 28
o ~::i g
><>z5<l':'29
OIllO,"U ..
"Il.Z z : . ~
o.~:g:.:g
~D::I->"" ~ g 30
~I-~~~ll. ....
OZ>>ii:z~
1.II!:!:uo~31
UoO. I- ..
~ ~ ~ ~
> = ~ .. 32
:J
1:
"
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES }
I~ F. A. ZIEMER, City Clerk of the City of Vernon, do hereby
certify that the foregoing resolution.. being .Resolution No. 2544, was duly
adopted by the City Council of the City of Vernon, and approved by the
Mayor of said City, at an adjourned regular meeting of the City Council
held on March 3.0, 1962.
~
F. A. ZIEMER, CITY CLERK
-2-
SUPPORTING
DOCUMENTS
Rf.; ," " \ \./ S U' <
iid~~
nE~R
E. p-'. . .'->j..
prN c-
MEMBERS OF THE BOARD
ERNEST E. DEBS
CHAIRMAN
FRANK G. BONELLI
KENNETH HAHN
BURTON W. CHACE
WARREN M. DORN
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
WARREN M.DORN
SUPERVISOR FIFTH DISTRICT
869 HALL OF ADMINISTRATION / LOS ANGELES 12,CALIFORNIA
February 14, 1962
The Honorable Robert J. Furlong
Mayor Of Vernon
4305 Santa Fe Avenue
Vernon, California
Dear Mayor Furlong:
This is to advise you that on February 6, 1962, the Board of Super-
visors of the County of Los Angeles unanimously adopted the attached
resolution requesting that the Legislature be urged to enact a
resolution declaring that by the fact that it had enacted legislation
on certain enumerated subjects, it did not indicate an intent to
occupy the field with respect to those subjects or to prohibit local
public agencies from enacting appropriate local regulations on
matters not specifically prohibited by State law.
We are most concerned over the recent decision of the California
Supreme Court in the matter of Carol Lane on habeas corpus holding
that the Legislature by enacting legislation in the fields of vice
and prostitution has occupied those fields to the exclusion of local
public agencies. This case has cast doubt upon the validity of
thousands of local ordinances throughout the State which relate
to any subject upon which the Legislature has acted and placed in
question the authority of local public agencies to act effectively
as agents of the State to cope with local problems which are not
appropriate matters for State-wide legislation.
We respectfully request that you please join other cities within the
County of Los Angeles in taking appropriate action to support the
position called for in our resolution.
Sincerely yours,
-W~ ".iL..
WARREN M. OORN
Supervisor, Fifth District
WMD:mn
Ene.
383 HALL OF ADMINISTRATION / LOS ,o.NGELES 12, CALiFORNIA
MEMBERS OF THE BOARD
ERNESTE. DEBS
CHAIRMAN
FRANKG. BOt.JE,LL!
KENNETH HAHN
BURTON W. CHACE
WARREN M. DO~N
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
GORDON To N ESVIG CLERK OF THE BOARO
188
On motion or Supervisor Dorn>> unanimously carried, it 1s ordered that
the following resolution be and it is hereby adopted:
WHEREAS, the Supreme Court of California has>> by its recent decision in
the matter ot Carol Lane on Habeas Corpus, declared that the State has pre-
empted the field of regulating the criminal aspects of sexual activity and
prostitution; and
WHEREAS>> Governor Brown has advised this Board that the matter of vice
legislation would not be inoluded in the special oall tor the 1962
Legislative Session; and
WHEREAS, it is essential that 100al governmental agenoies throughout
California>> including the County of Los Angeles>> have adequate legal
authority to cope with problems of vice>> sexual activity and prostitution
as such problems may arise in their respective jurisdictions:
NOW, THEREFORE>> BE IT RESOLVED by the Board of Supervisors of the County
or Los Angeles that Governor Brown be requested to request the California
Legislature to adopt an appropriate resolution declaring that the fact that
the Legislature had enacted legislation on the subjects of vice~ sexual
activity and prostitution, did not indicate an intent to occupy the field
with respect to those subjects or any of them, and that it did not intend
to prohibit local regulations by loealpublio agencies prohibiting acts
which are not specifically prohibited by State statuteo
I>> GORDON T. NESVIO, Clerk ot the Board of Supervisors of the County of
Los Angeles>> State of Californiag do hereby certify that the foregoing is
a full>> true and correct copy 01' a resolution which was adopted by the Board
or Supervisors of said County on February 6. 1962, and entered in the minutes
ot said Board.
IN WITNESS WHEREOF', I have hereunto set my hand and affixed the seal or
the Board or Supervisors this 8th day of February, 1962.
A~e~
Clerk of the Board of Supervisors of the
County or Los Angeles, State ot California
BUSINESS ADDRESS
500 NORTH BRAND
GLENDALE 3. CALIFORNIA
PHONE: CI TRUS 3.4466
COMMITTEES
JUDICIARY
PUBLIC HEALTH
FINANCE AND INSURANCE
CRIMINAL. PROCEDURE
SACRAMENTO ADDRESS
STATE CAPITOL
SACRAMENTO t4. CALIFORNIA
J\zz ClUh! ~
(!In! ifl1rlttn Ific,gtz!nturc
Pt-
,jj. r-
,;f~;
.. /"..' ----..
ff~~F":
HOWARD J. THELIN
ASSEMBLYMAN. FORTY.THIRD DISTRICT
f\ . ~ lac(~)
.H.prl..L 0 ~ :;Iv,:'
Ivlr. F. A. .~lemer
City Clerk~ City of Vernon
Cl t~r Hall
L~305 Santa Avenue
Vernon~ California
Dear Mr. Ziemer:
This Hlll acknovIledge your letter of Apr:tl 2~ 1962
enclosing a copy of a resolution of the City Council of Vernon
supporting S.C.R. 19 by Senator Richards.
I support your position on this matter~ but there
:LS noth:Lng that can be clone about it at this time as the
resolution died in the Senate Judiciary Ccrllinittee and did
not reach the floor of Assembly for a vote.
ThaI'lk you for :i.nform:i.ng me of the vie'i/JS of your
City Council on this sub~iect.
Co~<!ig,lly yours, v// ,/"
,/Z /..~ ,~~
:;:P-1Adl^7~.z,~ ./. ',/" v
y/'" HOWARD J. rr_ BLIN
AssemblYYi1an~ }~3rd District
HJT/j j
~,--' ,~
F< E ~~.- lEU
~3h v:/
~_._,.<,.._._............~
F. A. ZI1::lJ~a
Ci::n c~1(:
179
180
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELE S
MEMBERS OF THE BOARD
ERNEST E. DEBS
CHAIRMAN
FRANK G. BONELLI
KENNETH HAHN
BURTON W. CHACE
WARREN M. DORN
/WI/R ? "
7 /., 0 ;,962
A~ . ,I rvy
"~
383 HALL OF ADMINISTRATION / LOS ANGELES 12. CALIFORNIA
GORDON T. N ESVIG CLERK OF THE BOARD
March 22, 1962
To All Citie.s in the
County of Los Angeles
At its meeting of March 20, 1962, on motion
of Supervisor Warren M. Dom, the Board of
Supervisors adopted an order supporting the
attached Resolution which was introduced in
the State Senate by Senator Richard Richards
and was proposed to be introduced in the
Assembly by Assemblymen Howard Thelin and
Chet Wolfrum on March 20.
The Board further instructed that all members
of the Legislative Delegation and all cities
in ~s Angeles County be notified of its
action.
yours,
.
attac:tunent
... '" --.
SENATE CONCURRENT RESOLUTION NO. RELATIVE TO
LEGISLATIVE INTENTION IN THE ENACTMENT OF STATE LAWS AFFECT-
ING THE POLICE POWER OF CITIES AND COUNTIES.
Whereas, section 11 of article XI of the Constitution of the
State of California authorizes any city, or county to make and en-
force within its limits all such local, police, sanitary and other
regulations for the protection of the public peace and safety as are
not in conflict with general laws; and
Whereas, confusion has existed, and consequent difficulties for
local government have followed concerning the relationship of state
law and local ordinances for the control of vice; and
Whereas, this Legislature wishes to.clarify its intention and
make clear that it does not intend to occupy the field of vice to the
exclusion of the power of local government to adopt additional
regulations in such field by ordinance; and
Whereas, the validity of local regulation frequently depends on
the intention of the legislature in enacting state law making it
difficult to determine from case to case whether specific local
ordinances are or are not in conflict with general law; and
Whereas, it would be helpful to cities and counties in the
adoption and enforcement of local regulations to have a more definite
guide for determining legislative intention in the enactment of
state law; now, therefore, be it
Resolved ~ the Senate of the State of California, -~ Assembly
thereof concurring, that where the intention of the legislature to
occupy the field of permissible regulation is not apparent from the
face of the legislation itself, the enactment of legislation regulat-
ing or prohibiting specific acts does not imply an intention on the
part of the legislature to occupy the field of otherwise permissible
regulation by local authority.
Honorable Richard Richards
State Senator
38th District
State Capitol
Sacramento, California
Dear Sir:
CITY OF VERNON
CALIFORNIA
April 2, 1962
Enclosed you will find a certified copy of Resolution No.
2544 .. A RESOLl1l'ION OF THE CITY COUNCIL OF THE CITY OF VERNON
SUPPORTING A SENATE RESOLUTION INTRODUCED BY SENATOR RICHARD
RICHARDS OF LOS ANGELES COUNTY URGING THE LEGISLATURE OF THE
STATE OF CALIFORNIA TO EXPRESS ITS INTENT REGARDING THE JURIS-
DICTION OF LOCAL AGENCIES TO ENFORCE VICE ORDINANCES, which was
adopted by the City Council at its adjourned regular meeting held
March 30, 1962.
FAZ:lw.
Yours very truly,
CITY OF VERNON
F. A. Ziemer,
Ci ty Clerk
Honorable Howard Thelin
State Assemblyman
4Jrd District
State Capitol
Sacramento, California
Dear Sir:
CITY OF VERNON
CALIFORNIA.
April 2, 1962
Enclosed you will find a certified copy of Resolution No.
2544 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
SUPPORTING A SENATE RESOLUTION INTRODUCED BY SENATOR RICHARD
RICHARDS OF LOS ANGELES COUNTY URGING THE LEGISLATURE OF THE
STATE OF CALIFORNIA TO EXPRESS ITS INTENT REGARDING THE JURIS-
DICTION OF LOCAL. AGENCIES TO ENFORCE VICE ORDINANCES, which was
adopted by the City Council at its adjourned regular meeting held
March JO, 1962.
FAZ:lw.
Yours very truly,
CITY OF VERNON
F. A. Ziemer,
City Clerk
Honorable Chet Wolfrum
State Assemblyman
56th District
State Capitol
Sacramento, California
Dear Sir:
CITY OF VERNON
CALIFORNIA
April 2, 1962
Enclosed you will find a certified copy of Resolution No.
2544 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
SUPPORTING A SENATE RESOLUTION INTRODUCED BY SENATOR RICHARD
RICHARDS OF LOS ANGELES COUNTY URGING THE LEGISLATURE OF THE
STATE OF CALIFORNIA TO EXPRESS ITS INTENT REGARDING THE JURIS-
DICTION OF LOCAL AGENCIES TO ENFORCE VICE ORDINANCES, which was
adopted by the City Council at its adjourned regular meeting held
March 30, 1962.
FAZ:lw.
Yours very truly,
CITY OF VERNON
F. A. Ziemer,
City Clerk
CITY OF VERNON
CA.LlFORNIA.
April 2, 1962
Honorable George A. Willson
State Assemblyman
52nd District
State Capitol
Sacramento, California
Dear Sir:
Enclosed~ou will find a certified copy of Resolution No.
2544 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
SUPPORTING A SENATE RESOLUTION INTRODUCED BY SENATOR RICHARD
RICHARDS OF LOS ANGELES COUNTY URGING THE LEGISLATURE OF THE
STATE OF CALIFORNIA TO EXPRESS ITS INTENT REGARDING THE JURIS...
DICTION OF LOCAL AGENCIES TO ENFORCE VICE ORDINANCES>> which was
adopted by the City Council at its adjourned regular meeting held
March 30, 1962.
Yours very truly,
CITY OF VERNON
F. A. Ziemer,
City Clerk
FAZ:lw.