HomeMy WebLinkAboutCity Council - 2565 RESOLUTION NO. 2565
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH EXPRESSING ITS
SUPPORT FOR ASSEMBLY BILL 877 CONCERNING
PREEMPTION
WHEREAS, the legal doctrine of preemption by
implication, as developed in the Carol Lane Case and other
judicial decisions which followed it, has severely handi-
capped cities and counties in their efforts to hold down the
rising crime rate by invalidating local criminal laws; and
WHEREAS, there is a lack of clear guide lines
in the court decisions involving preemption which makes it
impossible to determine whether a given area of the law
has been preempted by the State to the exclusion of local
regulation; and
WHEREAS, Assembly Bill 877 which has been
introduced in the State Legislature would, if approved,
enable cities and counties to enact local, supplementary
legislation on matters over which the State has not
asserted full jurisdiction; and
WHEREAS, this legislation has been carefully
drafted by legal experts in the field of public law and has
the support of the League of California Cities and the State
Bar of California;
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Huntington Beach:
1. The City Council strongly supports
Assembly Bill 877 and requests that it be enacted into law
by the State Legislature . _
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Res . No. 2565
2. The City Clerk is directed to send copies of
this resolution to the State legislators from Orange County,
the chairmen and members of the State Legislative Committees
which are concerned with this legislation, the Governor, the
Board of Supervisors of Orange County, the City Councils of
all cities in Orange County, and the League of California
Cities .
PASSED AND ADOPTED this 1st day of May, 1967.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
� .,�City Attorney
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Res . No. 2565
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
. officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative ' vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 1st day of May ,
19 67 , by the following vote :
AYES: Councilmen:
Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley
NOES : Councilmen:
None
ABSENT : Councilmen:
None
City Clerk an £�` x-officio Clerk
of the City Council of the City
of Huntington Beach, California