HomeMy WebLinkAbout94-15 - Adding Chapter 10.60 to the Newport Beach Municipal Code Relating to the Display of Harmful Material in a Public PlaceNO. 94 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADDING CHAPTER 10.60 TO THE
NEWPORT BEACH MUNICIPAL CODE RELATING TO THE
DISPLAY OF HARMFUL MATERIAL IN A PUBLIC PLACE.
The City Council of the City of Newport Beach does hereby
• ordain as follows:
section 1. Chapter 10.60 is hereby added to the Newport Beach
Municipal Code to read as follows:
chapter 10.60
REGULATION OF DISPLAY OF MATERIAL, WHICH IS HARMFUL TO MINORS, IN
A PUBLIC PLACE
Sections:
10.60.010 Findings and Purpose.
10.60.020 Definitions.
10.60.030 Prohibition.
10.60.040 Enforcement.
•10.60.010 Findings and Purpose. The City Council finds and
declares:
(a) There has been an increase in the display of harmful
material at grocery stores, convenience stores, drug stores
and other retail outlets within the City of NewportcBeach;
(b) This harmful matter is often displayed in easy view
of, and readily accessible to, minors;
(c) With limited exceptions, the Legislature has
preempted local regulation of the sale or display of harmful
matter to minors;
(d) The Legislature has authorized cities to adopt an
ordinance prohibiting the display of material which is harmful
to minors in a public place, except areas from which minors
• are excluded, unless the material is covered by devices
commonly known as blinder racks;
(e) This ordinance represents full extent of the
authority given to the City by the State relative to the
regulation of harmful matter, and is a reasonable regulation
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on the time, place, and manner in which harmful matter may be
displayed.
10.60.020 Definitions. As used in this chapter:
(a) "Harmful matter" shall be defined as specified in
Section 313(a) of the Penal Code of the State of California;
(b) "Matter" shall be defined as specified Section
313(b) of the Penal Code of the State of California;
(c) "Person" shall mean any individual, partnership,
firm, association, or other legal entity;
(d) "Knowingly" shall mean being aware of the character
of the matter;
(e) "Exhibit" shall mean to show or display to members
of the public;
(f) "Minor" shall mean any natural person under 18 years
of age;
10.60.030 Prohibition.
(a) No person shall knowingly exhibit harmful matter in
any public place unless blinder racks or covers have been
placed in front of the matter, so that the lower two - thirds of
the matter is not exposed to public view;
(b) The provisions of subsection (a) shall not apply to
the display of harmful matter in any public place from which
minors are excluded.
10.60.040 Enforcement. Any violation of this chapter shall
be punishable as a misdemeanor or an infraction in accordance with
the provisions of Section 1.04.010 of the Newport Beach Municipal
Code. In addition, the City Attorney may institute an action in
any court of competent jurisdiction to restrain, enjoin, or abate
any condition found to be in violation of this chapter.
SECTION 2: The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its
adoption.
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SECTION 3: This ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach, held on
the 14th day of March, 1994, and adopted on the 28th day of
March , 1994, by the following vote, to wit:
AYES, COUNCILMEMBERS HEDGES, SANSONE,
WATT, TURNER, HART, COX, DERRY
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
ATTEST:
MAYO
CITY CLERK
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