Resolution 3308 - Refer to A Vote - Age LimitationsE
RESOLUTION NO. 3308
A RESOLUTION TO REFER TO A VOTE OF THE PEOPLE THE PROPOSED AMEND-
MENT OF ORDINANCE 4957 TO DELETE AGE LIMITATIONS THEREIN.
WITNESSETH:
WHEREAS, the City did on July 7, 1980, pass ordinance #957 es-
tablishing Obscenity as an offense against the City. Said Ordinance
#957 follows State of Montana Statutes Sec. 45-8-201, 202 and 203,
M.C.A., except in relation to the age of persons effected. The City
ordinance relates to persons under nineteen (19) years of age, while
the State of Montana Statutes relate to persons under eighteen (18)
years of age,; and
WHEREAS, a group of citizens designating themselves as "Citizens
Against Pornography" have presented to the City.a petition for an
initiative amending said ordinance 4957 and said amendments relate
primarily to deleting all age limitations on persons effected by such
an ordinance; anA
WHEREAS, the petition by "CAP" I -or an initiative to so amend
Ordinance #957 has been found inadequate under applicable Montana
statutes by the Flathead County Election Administrator and returned
to Mr. Don Nelson, the circulator of said petition; and
WHEREAS, it appears said petition has been circulated in good
faith and State Statutes relating to such initiative issues are com-
plex and difficult to follow.and there is insufficient time within
which to circulate a second petition of similar effect and still
have it included as a ballot issue at the General Election to be
held on November 4, 1980; and
WHEREAS, pursuant to Sec. #7-5-132(2), M.C.A., the City Council
can refer to a vote of the people any proposed Ordinance by Resolu--
tion, and it appears to the Council that the electors of the City
should be allowed and encouraged to_.express their views by a vote on
the said issue of age limitation in obscenity matters within Ordin-
ance #957;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NALISPELL, MONTANA:
SECTION I: That the Council does hereby refer to a vote of the
people a proposed Amendment to Ordinance #957 to delete therefrom
all age limitations for persons to whom such ordinance applies. spe-
cifically, the following amendments will be proposed to be made in
said Ordinance #957.-
1) The words under the age of 19" will be de-
leted from Sec. I(a)(b)(c)(d) and (e).
2) The words with respect to what is suitable
material for minors" and the words for
minors .." will be deleted from Sec. IV(1)(a) and
delete in their entirety Sec.. IV(1)(b)(i) and (ii).
3) The words and if minors are permitted to
attend the showing of the motion picture then be-
ing featured" shall be deleted from Sec. IV(2).
4) Sec. IV(3) shall be deleted in its entirely and
Sec. IV(4) shall be renumbered as Sec. IV(3).
SECTION II. The City Clerk apd the City Attorney are hereby
directed to forthwith prepare the necessary statements and ballot
issue material to assist the Flathead County Election Administrator
In
to have such proposed amendment voted on by the people at the Gener,
Election of November 4, 1980.
A copy of said Ordinance 4957 is attached hereto as Exhibit "A
and by this reference is made a part hereof.
PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
KALISPELL, THIS 8th DAY OF September -1 1980.
A T T ES T,4�
Clerk
Norma E. Happ, Mayor
11 the undersi�gied, City Clerk of the City of Kalispell certify that the foregoing is a tra
Popy of the Resolution passe by he C't Council of the City of Kalispell, Montana at a
regular meeting held 71
77�
city Cr of the City of Kalispell