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HomeMy WebLinkAboutCC RES 8641 ,5 l0 I1 12 13 15 t6 18 19 2O 21 22 2~ 26 27 28 ~0 31 ~2 ~ & HOI-BftOOK qCYI AT lAW C:ITIZ£N8 .. .. DING %DWAY .... ALI Ir. ,~47-6181 RESOLUTION NO. 864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING ACTION BY THE CALIFORNIA LEGISLATURE RELATIVE TO PREEMPTION. WHEREAS municipal home rule has been an important princi. pal in the. structure of California Government for many years, and~ WHEREAS it is generally considered desirable to retain ' the maximum degree of municipal home rule consistent with orderly and efficient inactment, administration and enforcement of State laws, and WHEREAS in recent years growing conflict and uncertainty have occurred in the determination of the proper respective areas of the State and municipalities, and WHEREAS all citizens feel it is necessary and desirable that the question of preemption by the State be clarified with pro- ~rotection of the principle of municipal home rule. NOW, THEREFORE, the City Council of the City of Tustin, California, does resolve as follows: ,. 1) That support is hereby expressed for all appropriate actions to clarify and protect the .principle of municipal home rule in .the State of California; The California Legislature is urged to give all. appro- priate attention and support to the proposed measures designed to clarify and protect the principle of municipal home rule in the . State of California.. B) Support is here~y expressed for the proposed Consti- tutional amendment which would amen~ Section 11 of Article XI, a copy of which is attache~ hereto, and made a part hereof by this .. reference, marked "Exhibit A". " - 4) As an alternative to the foregoing Constitutional amendment, support is hereby expressed for the proposed' draft . relative to preemption, a copy of which 'is attached hereto, marked · .. · 2 .5 8 10 I1 12 13 14 15 t6 17 18 19 2O 21 22 23 24 25 26 2? 28 29 · 3O 31 32 ROURKE & HOLIlROOK ATTORNEYI AT LAW CROCKI[R-CITIZEN$ BANK BUILDING 900 NORTH BROADWAY 9ANTA ANA. CALIF'. I"EI..""PHONE 547-6181 "Exhibit B" and incorporated herein by this reference. , PASSED AND ADOPTED at a regular meeting of~ the City Council held on the .20th day of February, 1967. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the Clty of Tustin is five; thst the above and foregoing Res- olution was duly and regularly,introduced, read., passed and adopted at a regular meeting of the City Council held on the 20th day of February, 1967, by the following vote: AYES: COUNCILMEN_: MACK, ~ KL,INGELHOF,,ER,, ,, ,,COCO, ,MI,,L,L,,ER ...... _~ .~; _ .. NOES.: COUNCILMEN: NONE ABSENT: COUNCILMEN: RING CitY -~k, --Cify Of 'T~s~'in, .. Cal ifornia . JGR: rg 2-14-67 Sec. ll. Any county, city, city and county, or~ town may make and enforce within its limits all such local, police~ sanitary and other regulations as are not in conflict with general laws. Such regulations shall be in conflict with general law only in the following cases: 1. When the regulation duplicates general law. 2. .When the regulation authorizes or purports to authorize that which i's expressly prohibited by general, law. B. When the regulation prohibits or purports to prohibit that which is expressly permitted b.7 general low. 4. ~en there is ~ comprehensive scheme of legislation on the same subject by general law, and such general law: (a) .... Expressly provides that it has occupied the entire field of such legislation; ~or (b) Expressly prohi~its other and further 'regulation in the-field of such legislation, EXHIBIT A PROPOSED PREdaTION DRAFT · . . An act to add. Section 1237.5 to .the Code of Civil Procedure, and to add Section 90 to the ~.sh and Game Code, and tO add Section 3109 to the Government Code~ and to add Sectio~ 1889.~..6 to the Health"~:d :Safety Code, and to add Section 2~ to~ an'il to amend Section~3201 of, the Labor Code, and to add Sections 23, 23.5, 23.7, 273'k, 296c, 337k, 647c,an~ 12004 to, an~ to amen~ Soction 64.7 of, and to add Article 3 (commencing ~i_.tb 'Sect'i-on 12570) to Chapter 6, of Title 2 of Part 4 of, the Penal Code, rolating to preemption and nonpreemption by the stage of various fields of the law. The people Of the State of California do enact, as follows: Section 1. In enacting this act, the Legislature recognizes that because of uncertainty whether par.ticular fields are 'or are not fully occupied by the state, there has be~n uncertainty about the validity of. existing or proposed city or county ordinances in those fields..It further recognizes that there are often competing considerations to b~ taken into account in deciding whether or not a field is to be doeraed fully occupied. Thus, in addition to other considerations, the great mobility of our populatio~ weighs in favor of uniformity of law throughout the state in certain fields~ ~he~'eas the existence of peculiar local conditions weigh in favor 'of nonoccupation of particular fields.by the state. By this act the Legislature has endeavorei:l, to eliminate uncertainty with respect to the particular fields dealt ~_th'. It has endeavored to resolve the issue of preemption of each such field by an exaraination of needs in that particular field, weighing the factors favoring state- ~ide uniformity against factors favoring greater flexibility. Section 2' Section 1237.5 is added to the Code of Civil Procedure, t6:'.' , read:' .. 123'7.5 The state has preempted the field of eminent'domain. Section 3. Section 90 is added to the Fish and Game Code, to read: 90. ~he stage has preempted the field of fish and game.. Section ~. Section ~109 is added to the Government Code, to read: .. · 3109. 'The state has preempted the field of loyalty oaths for public ' employees... Section 5. Section 18897.6 is added to the Health and Safety Code, to 18897.6. The State has preempted the field of regulation of organized · · . .. Section 6. Section 2% is added .to the Labor Code, to read: read: camps. '.. 25. The state has, with respeCt.to private employer-employee labor 'relatiOns", preempted ~he .'~ield ...... · ..... , .... .. .... , · EXHIBIT B i pi. Ill .,_ Ii .... i1 Section 7. Section ~201 .of the Labor Code is amended to read: ~201. Division h and Division~ of this code ~re an expression of the police power and are intended to make effective and aRply to a complete system workmen's compensation the provisions of Section l?-l/2 and 21 of Article XX of the Constitution of this state. Th__~e stat_~e ha..~s p~e~mp.ted th_.~e fiel____~d o_~f workmen's Section 8. Section 23 is added to the Penal Code, to read: 23. The state has preempted the field of registration of persons convicted of crimes. . Section 9. Section 23.~ is added to the Penal Code, to read: 23.~. The state has not preempted the field of wearing of disguises. Section 10. Section 23.7 is added to the Penal Code, to read: 23.7. The state has not preempted the field of regulation of resale of tickets of admission to entertainments, sporting events, and other events, at prices iu excess of the stated sales price' (commonly known as "ticket scalping"). Section ll. Section 273k is added to the Penal Code,. to read: 273k. The state has not preempted the field of regulation of the hours during.~'which minors may or may not be present in public places. Section 12. Section 296c is added to the Penal Code', to read: ~ . 296c. (a) In enacting the ensuing subdivisions of this section, the Legislature has considered that in the 'area of sex there is a legitimate right of privacy to be carefully protected. The ensuing subdivisions are the product of a balancing of this and other relevant .factors. (b) The state has preempted the.-field of %he' criminal aspec{s of sexual activity. (c) The state has not preempted the field of public live exhibitions involving the exposure of the female h%nuan breast. Section 13. Section 337k is added to the Penal Code, to read: 337k. The state has not preempted the field of gambling, except that. the state has preempted the field of lotteries and the field of wagering on horse races. Section 14. Section 647 Of the Penal Code is amended to read:. 6~7. ~,rery person who commits any of the follo~'ing acts ghall be quilty of disorderly conduct, a misdemeanor :.' · , (a) ~qho solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public · · .. .. · (b) I~ho solicits, or who engages in, o_~r act of prostitution. -~'As used in this subdivision, "~ostitution" includes ~ . '::. .. common~ ind~ scrim±nate, illicit intercourse of a woman for hire and any lewd act between persons of the 'same sex for money or other considegation .does not include any act of a sex'ual nature between cons'i~hting adults of the _op¢----~sit--~ se--x .in-----p'r~i--~a~t~e, not invol~n~ payment of consideration. ... (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms. ., .. . 0 · (d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.' (e) Who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to .. account for his presence when requested bY .any. peaoe officer so to do, if the · surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification.' (f) Who is found in any public place-_er in any place oven~ to the public o~r e__x~se_d t_~o ~ ~v~.'e~ under the influence of intoxicating' liquor, or any drug, or the combined influence of intoxicating liquor and any drug, in such a condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any drug, or the combined influence of intoxicating liquor and any drug, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way. (g) ~ho loiters, prowls or wanders upon the pri'vate property of.another, i~ the nighttime, without visible or lawful business with the owner or occupant thereof; or who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or ~indow of any inhabited building or structure located thereon, .without visible or lawful bUsiness with the owner or occupant thereof. (h) Who lodges in any building, structure or place, whether public or private, without the premission of the owner or person entitled to the possession. or in control thereof. ._ Section l~. Section 6~7c is added to the Penal Code, to read: 6~7c. (a) Except as Provided in subdivision (b), the state has preempted the field of intoxication. (b) The state has not preempted the field of intoxication in public parks and buildings owned and operated by local public agencies. Section 16. Section 1200~ .is a~ded to the Penal ~ode, to read: 1200~. (a) The state has preempted the field of regulation of conceal.able firearms.. (b) The state has not Preempted the field of regulation 'of other weapons. (c) As used in this section "firearm" means any device capable of being used as a'weapon from which is expelled a projectile'.by' the '~.orce Of any explosive : i or other form of combustion or by the action of any gas. ComPresse. d by .any .means.. other than by han~ ,or the frame or receiver of any such weapon. · - .. Sectio~'"~7. Article ~ (commencing-with Section 12~70) is added to Chapter '6 of Title:'.2 of Part [ of the Penal Code, to read: " · ... Article 3. Possession in Emergencies 1~70. (a) Every person other .than a member of the armed forces of the United States-or the National Guard, a peace officer, or other public officer or employee, engaged in the psrformance of his duties, who carries any firearm in any vshicle during and within the area of a state of insurrection, a state of disaster, or a state of extreme emergency as proclaimed by the Governor pursuant to Section 1~3, Section 1~7~, or Section 1~80 of".the Military and Veterans Code, is guilty of a misdemeanor. (h) As used in this seCtion, "firearm" has the..meaning provided by subdivision ~c) of Section 1200~. Section 18. The fact that this act provides that a field is or is not preempted by the state Shall not be construed to evidence intent that any field not expressly referre~., to in this act be preempted or not be preempted. "' ..o x' .... · .