RESOLUTION NO. 00-05

A Resolution supporting Ballot Measure 87 amending the Oregon Constitution; allowing political subdivisions of the State of Oregon to regulate the location of Sexually Oriented Businesses through Zoning.

WHEREAS, recent decisions of the Oregon Supreme Court have interpreted Article I, Section 8 of the Oregon Constitution to prohibit local governments from protecting their citizens from the negative effects of sexually oriented businesses through zoning regulation;

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF SODAVILLE CITY COUNCIL, OREGON THAT:

The voters of Oregon are encouraged to support the passage of Measure 87 and the City of Sodaville City Council urges voters to vote “YES” on this measure.

MEASURE 87

Be it Resolved by the Legislative Assembly of the State of Oregon:

PARAGRAPH 1.

The Constitution of the State of Oregon is amended by creating a new section 42 to be added to and made a part of Article 1, such section to read:

SECTION 42.

1. Notwithstanding section 8 of this Article, to the extent permitted by the United States Constitution, political subdivisions in this state may, through the use of zoning authority, regulate the location of sexually oriented businesses.

2. As used in this section, ‘sexually oriented business’ means a commercial establishment, the principal business of which is nude dancing, nude entertainment or production, distribution or display of representations of sexual activity.

PARAGRAPH 2.

The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next regular general election held throughout this state.

Passed by the Council this 22 day of August, 2000.