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Home My WebLink AboutCC Ord 1317 1990-12-10 ORDINANCE NO. M AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11D TO THE SEAL BEACH MUNICIPAL CODE RELATING TO THE DISPLAY OF MATTER HARMFUL TO MINORS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. There exists an increasing trend toward the I display of harmful matter within the meaning of Penal Code Section 313, et sea., at grocery stores, conv~nience stores, and other retail outlets within the City of Seal Beach. This display of sexually explicit material is often placed'within easy access and view of minors. The State of California has through the enactment of Penal Code Section 313.1(d) authorized citi~s to adopt ordinances which restrict the display of harmful matter to minors by the use of blinder racks. The City Council finds that it is in the best interests of the public health, safety and welfare to protect children from easy access and viewing of such harmful matter which is indis- criminately thrust upon them in public places by restricting the display of this material by adopting the following restrictions which will keep the adverse impacts upon minors from such sexually explicit materials to a minimum. Section 2. Chapter 11D of the Seal Beach Municipal Code is hereby added to read as follows: "CHAPTER 11D. DISPLAY OF MATTER HARMFUL TO MINORS I S 11D-l. purpose of Chapter. S 11D-2. Definitions. S 11D-3. Display of Harmful Matter to Minors Prohibited. S 11D-4. Penalty. Sec. 11D-1. PUrDose of Chanter. The purpose of this Chapter is to regulate the manner in which materials harmful to minors are commercially displayed in retail establishments. This regulation is content neutral and the least restrictive means to regulate the display of materials which are defined as harmful to minors. This regulation does not unreasonably restrict First Amendment rights to such materials, but is intended to protect the health and safety of minors. Sec. 11D-2. Definitions. For the purposes of this Chapter, the terms "harmful matter" and "matter" shall have the definitions contained in Chapter 7.6 "Harmful Matter" of Title 9 of the Penal Code (Sections 313 n ~.) or any successor statute. Sec. 11D-3. Disnlav of Harmful Matter To Minors Prohibited. I No person shall display, cause to be displayed or permit to be displayed any harmful matter to minors in a public place, other than a public place from which minors are excluded. Compliance with this Section may be effected if harmful matter is located in an area which places such matter reasonably beyond the reach of any minor and blinder racks are placed in front of the material so that at least the lower two-thirds of the material is not exposed to view. I I I 'Ordinance Number 1.iJ/1 , Sec. 110-4. Penaltv. Any person violating the prov1s1ons of this Chapter shall be guilty of a misdemeanor. Any person so violating this Chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of this Chapter is committed. II ...41nlall.~,,\, , ~ SEAL 8 "!\t =__ 0 0000000 ~of I,. ;~""..-C:Oe.'01l4":Oo ~ '''~ :; (; oo,~ '0\"1- i!8~'1. ~"ko. o{C ~ 0 0 ~og goC~ ~,o'l.o 0': if .~'V 00"'" .,.'0 lQlo"" ~,,~CO':"o~~EIl 27, ,~~o; '~h: C': 00000" c.t' .. ',,\,OUNt'f.'::dF' 'I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Joanne M. Yeo, City Clerk of the City of Seal California, do hereby certify that the for~~oi g is an original copy of Ordinance Number ~ the office of the City ~e~, introduc re meeting held on the /.1'41. :M- day of 1990, and passed, approved and adopted of the Ci~~f Seal Beach a regu on the day of following vote: Beach, ordinance on file in ula AYES: Councilmember , the City Council eting thereof held , 1990, by the NOES: ABSENT: Councilmembers Councilmembers and do hereby further certify that Ordinance Number J'~~ has been published pursuant to the Seal Beach City Cnart and Resolution Number 2836." Ordinance Number /.5/1 . PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA, County of Orange '. I am a citizen of the United States and a resident of the County afore- said: I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583: that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following da tes, tf-::-~i t:. h;1! e~.\',... 12..:,... (; all in the year 19~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at Seal Beach, California, ~ . day of ~:.iJ,o.,1990. this (i! {' '. ( . j ,1.,,*V--\.o. tv .J...." ".-' Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 This space is for the County Clerk's Filing Stamp I Proof of Publication of ~q~~~~.~Q~~~~~~~~~~~.q~q~~~~q~ .<QJ)~~.~l~~\~-. .A)^t.;~r-.~. . .'.1 ! J. . ...:; .""":', CIlIlIIWCE IIIiiIIR 1317 ,......CE~1IAtIER Ordinance ,~~~~:131;',of the ,City of Seal Biiach'llstablishlng regulallans lOr'ihe ~,bi which 'materials harmMio minori'ire COmmerelillj dlspray8!lln rllali IIlIIIII8hmenI8 ~ III CIIIIiIr. nla Penal code SiclIan 313.1ldli' - ~ "lie I8gUIar cay I CouncIIIlIIIIng III NovImber 26, ~t!l.ra! reeding was , ......v._ VI." ..lowing 1lllIe: ' AYES: HI8Inga, HIIII, i.aszIo, WIson NOES: Noni" , ABSENT: 'f~ " ' MolIan ceriIid":'.."'. ' Ordlna~ce NUlllber 1317 will receive slCcin~' reiding end be CClIl8IdeIlld far ~ ..... Iig- ular City CounclJ: inllllng ~J. December 10, 1~~ CopJ,,'ol 0nlInance NIIIlber 1317 are avail. able .....'olIIce III'" CIlY Clerk, City Hall, 211-8th Street, Seal BellCll; 1IIIephone (213) 431-2527. , DATED THIS 27Ih day of Novem. ber, 1990. - .loin", M. Yeo, ~ Clelk ~ofSeal~ " ,lllIcl!mber s: 1990. , , NlIIIiIIn IBW Beech Journal r I I I I PROOF OF PUBLtCAT.r.O~ (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: ~w u""" b.<.'\ ;)-0 all in the year 19iQ. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, (.' this dO day of I-J.Qc' 1990. c.J~ ~~,...) Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 Ordinance Number J~//' I This ~~ace ~s for the County Clerk's Filing Stamp Proof of Publication of ~q~~~~.~Q~~~~~~~~~;~.q~q~~~~q~ ~ 13;7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j SUMMARY ORDIIlANCE NUMBER t31l DISPLAY OF HARMFUL MATTER Ordinance Number 1317 011lle CIIy oI'See! Beach establishing IlIgUIaIons Illr 1he manner In which matarlala harmful to mlnolll are commercially displayed In retail es1abIisIunenIS pulluant b CaDIor- nla Penal Coda Sec1Ion 313.1 (eI), I8cslved sacond,reedlng and waa adop1ed by 1IIe CIty Council at a regular meeting lhereof held on Decamber 10, 1990 by 1he 108ow. Ing YOlII: AYES: FOIIylhe, Haslnga, " Hunt Laszlo ( ~OES: None ' ,#JlSENT: WIlIon Moton carried ! CopIes 01 ()dInlr1ca Numbar 1317: are available In 1IIe oIfIce 0I1IIe Cl1v Clerk. CllY Hall, 211.8lh sileifSeal Beach; telePhone (213)431-2527, DATED 1lI1S 11111 day 01 o-m. bar, 1990, Joanne M. 'lW, CIIy Clerk CiIy 01 Seal Beech Decamber 20, 1990. , A.I*lhed ill1e SeeI Beech Jour1!I.