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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.