The URL can be used to link to this page

Home My WebLink AboutCC Ord 1019 1977-10-10 I ..---- I I , ORDINANCE NUMBER 10/9 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL 'CODE PERTAINING TO NEWSRACKS AND AMENDING THE CODE OF THE CITY ,OF SEAL BEACH, CALIFORNIA ~THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section llB-5 of the Code is amended to read as follows: Sec. llB-5. (a) Harmful Matter. (i) No person shall sell, offer for sale, or keep or maintain for sale any harmful matter, as such term is defined in Section 313, Chapter 7.6, Title 9, Part 1 of the Penal Code of California, in any newsrack on any public sidewalk unless such sale or offer of sale is made or such matter is kept or maintained in the presence and under the supervision of an adult person authorized to prevent the purchase of such matter by a minor. (ii) No person shall knowingly sell or offer to sell, within 500 meters of any elementary school, high school, or public playground, or any part thereof, in any coin or slug-operated vending machine or mechanically or electronically controlled vending machine which is located on a public sidewalk, any harmful matter displaying to the public view photographs or pictorial representations of the commission of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or a photograph of an exposed penis in an erect and turgid state. (b) Offensive Material. No person shall sell, offer for sale, or keep or maintain any written, photographic or printed material including, but not limited to newspapers or news periodicals in any news rack or on any sidewalk in such manner as to expose to the public view any of the following: (1) Any statements or words describing explicit sexual acts, sexual organs, or excrement, where such statements or words have as their purpose or effect sexual arousal, gratification, or affront. (2) Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. (3) Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. (4) 'Explicit sexual acts,' as used in this chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, I I I Ordinance Nu.'llber . PCC2-22A or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region. Section 2. Section 11B-6 of the Code is amended to read as follows: Sec. 11B-6. (a) Each newsrack shall be maintained in a clean and neat condition so as not to become mechanically inoperable or have cracked or broken coverings or casings. The newsrack shall be painted or covered with a protective coating so as to keep it from rust. (b) No issue or edition of any publication shall be allowed to remain in any newsrack for a period in excess of four consecutive days past the date the next issue is published or disseminated, whichever is sooner. (c) No newsrack shall remain in a condition wherein it does not contain the publication which it is designated to disseminate for a period of five consecutive days or longer. Section 3. Section 11B-10 of the Code is amended to read as follows: Sec. IlB-10. Notice; removal; storage. (a) Notice. If any pUblic officer designated by the city manager determines that a newsrack is installed, used or maintained in violation of the provisions of this chapter or that a news rack displays offensive or harmful matter in violation of the provisions of this chapter, he shall take reasonable steps to notify the owner or custodian thereof as follows: (1) The newsrack is in violation of the provisions of this chapter for reasons set forth in said notice; and (2) The owner or custodian must within three days of receipt of notice remove the newsrack or the offensive or harmful matter; or (3) The owner or custodian must within three days of receipt of notice request in writing that the city manager set a hearing within five days thereafter to determine upon sworn testimony whether the newsrack, or the offensive or harmful matter displayed within it, violates the provisions of this chapter; and (4) The public officer shall remove the newsrack or the offensive or harmful matter and store it as provided in subsections (b) and (c) unless the owner or custodian removes -2- I I I Ordinance Number, PCC2-231\ the ne\{srack or the offensive or harmflll matter pursuant to part (2) of this subsection or requests a hearing pursuant to ~art (3) of this subsection. (b) Removal. After complying vlith the notice requirements p~cvided for in subsection (a), the public officer shall remove the newsrack or the offensive or harmful matter displayed within it unless the owner or custodian removes the newsrack or the offensive or harmful matter displayed within it or requests the hearing as provided in subsection (a). If the city manager determines at said hearing that the newsrack or the offensive or harmful matter displayed within it violates the provisions of this chapter, the owner or custodian of the newsrack shall within 24 hours after the decision remove the newsrack or the offensive 0r harmful matter displayed within it. Newsracks or materials not so removed shall be forthwith removed by a public officer. (c) Storage. If the public officer removes the newsrack or the offensive or harmful matter displayed within it, he ~hall store the newsrack or such matter in any convenient place designated by the city manager. The owner or custodian of the newsrack may reclaim the newsrack or such matter from the officer within thirty days of its removal by identifying himself, showing evidence of ownership and paying the expenses of removal and storage. Upon failure of the owner or custodian, following notice, to claim such newsrack or the matter displayed within it and pay the expenses of removal and storage within thirty days after such removal, such newsrack or matter shall be deemed to be unclaimed property in possession of the city pnd may be disposed of pursuant to law. The fee for such removal and storage shall be fi~ed by the city council by resolution. (d) Special Procedure. In the case of a violation of this chapter relative to (1) restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, or to fixed objects or to each other1 or (2) location of newsracks, any public officer designated by the city manager may, as an alternative to the procedure specified in subsections (a), (b), and (c) of this subsection llB-lO, remove such attachment and/or move such rack or racks in order to restore the~ to a legal condition, after taking reasonable steps to notify the owner. ~ PASSED, APPROVED AND ADOPTED this lei day of_, ~~, 1977. ~~tt P ~~-r ~J yor 7 \ ~ , I , PROOF OF PUBLICATION 12015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am the principal clerk of the printer of the .......S~~.~~ijlcll.;rQ~})~................. .................................................... 'I a newspaper of general circulation, printed and published....... .1!1~lj!~y.................. in the City of ... f! lj!.~;I,. !,!lj!!'!4?h.. ............. County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, underthedateof.~;-.?!L. 19.Z?, Case Number ..~7.~?~~.L.; that the nofice, of which the annexed is a printed copy Iset in type not Ismaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 19 I ;-- .................................................... all in the year 19..7.7.. I certify lor declare) under penalty of perlury that the foregoing is true and correct. Dated at.... ...~~~.:J....~~~~\1................... C I'f . thO 19th d p'ctoberl9 77 a I ornla, IS.......... ay 0 ........, ..... -- , , QA .. ~ .....~~ ~~natur~.................... - Free cople. of this blenk form m.y bIIsecured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 210 South Spring St., Los Angeles, Calif. 90012 Telephone: 625-2141 Pl.... requHt GENERAL Proof of Publlc.tlon when orderlnq this form. Ordinance Number This space Is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... ... ~~ tV.. C?K. .~~~:\. }!lj!.~~\1::7~r.g;i,~!'!!1~~.. jt:!.f!J..~ Paste Clipping of Nofice SECURELY In This Space ,.-...., . ( I , I I I i ., , .--- ~ '/ r , - .' , I ; i ( , \ I Sectron 1. sectlCtn 1 . the 8V Cf......-...........Mhlp and paying Uti Code 18 amended to 1UtI as follows: expenses of remov8l and storage. Upon failure of the owner or Sec. 118-6. (8) Hlrmful M....r:.......'OU8todlan, follOWing notice, 10 claim (I) No person shall 8811. aifer' fat auch nBWl'f~ or the malter dls- sale, or keep Dr malntaJn for ul. any played wllh'-Itllnd pay the expenses harmful matter I U luch term r. or removat and" aJorage within thIrty defined In Section 313.1..~~ter 1.~~ days after filth removal, luch Title B. Part 1 of the t'8fNIl Code OJ newsraek or II}Itter ,hall be deemed California., In any newerack on any to be uncl8lhfed property.., pol- pUblic Ildewelk unl.. such III, or _ion of the City and may be otfer of ute I. made or SUCh matter I, dlapoeed ot.....nt to law. The fee kept or malntaltted in the or6Iente for auth. 'I'tIIlUV,aI en1 storage shari and under the 8upervlslon of an adult be fixed e cny council by pertOn authorizell tb _ prevent the resolutl purchue of such fN\tter by a mlllOr. (d) ure. In the caae (II) No J)8t'IOrt IhaJlknowlngly of. 'II thiS ch.pter rel.tlve 8811 or offer to sell withifl.'SOO to (1) . upon attachments m~er6 of a!'lY el~entary school. f~ewow property other than hlah School. or publiC pl..... ........ thei'er of the ,.. .. r ._.... to IIx. ~ects or to ground, or any pan thereof. In any _h oth I'M I.., I f coin of slug.operated vending "'" . !' machlneormei:hai1k:8l1y.orelectroni=- newsr .any Ihe officer cally controlled 'lending machine design . theLJManager. whiCh Ie located on a public sld8walk, .,.. may. as an any hermtuJ matter displaying to the alternative t~he procedure sp8C:lfled publiC View phol~rapha or PiCtorial m 8UbNctlon (a), (b), and (C) of thiS r~tetlons of the commission of subsection B~10, remove such the following acta: SOdomy, oral attachment lor move such rack or \ copulation, sexual Intercourse, I'8ICks In ord.er to restore them to a masturbation, bestiality, or a phOto. legel COifdlt .fter taking reason- araDhofan~penlslftanerect able steps Ify the owner. ind 1ll!1l1d ....., , (bl 01_ ""'_. PASS PPROVED AND j No pareonshaU sell,affer lor 8BIe. ADOPT 10th day of OctOber or keep or maintain any written. 1977.. ' ChotoQraPhlc or pnntetl material . if: Thomas E Blackman ncludfng, but not limited to newe- . \ . _ Mayor papera or news periodicals In any .' ATTEST: newsrsck or on any s.ldewatk tn auch Jerdy Weir" manner as to expol8 to the publiC Clt'l ~ '1JeW 81Iy Of the follOWing: CAU (1) Any statements or words ~1t1f,.$~F Or&..~~~IA SS descrd>lng explicit sexual acts, sexual CI~ OF SEAL BEACH organa, or excr~ 'Where such . statements or words .have as their .. f ..1.... purpQH or elfeel .exUBI arousal I, Jerdys yv, City Clerk of the City \ gratification, or afffO~ . 'of SuJ , California, hereby (2) Ally picture ustratlon of certlf foregOing ordinance genitals, pubiC hair, r'lrineums, W86 at a meetmg of the anuses, or anal regiOns 0 any person Cuy f:ouno d on the 12th day of where such picture or Illustration has SePtember, J ,and adopted at . \ as Its purpoH or effect sexual meetmg. thB 10 th day of arousal, gratification, or 8ffront. OctOber', f the followlno vote: (3) Any picture or illustration AYES: limen - Blaman, deplct'"O explicit lIBX.U8l ects where Krec:lell, L.aazIO . 8uCh picture or illustration has as 118 NOES Councilmen- None pW'pDS8 or e1feet l8XuaI IUJ)Y8I:., ABSENT. Councilmen- Gray, Weir grstlflcatlon.J or affroM. ' I (4) 't:xpllclt lIIXual acts,' 81 used In this. chapter, mea"" . depiction. of sexuaJ Intercourse; O'n. . ~Iatlon, anal Intercourse, ora. \ anal c:opulatlon. bestiality, eadllftl, masochism, or excretory functions In IconJunctlon With 88>lual activity, I masturbation, or lewd exhibItion of I the genitals whelher anr. of the ! above conduct Is. dap cted or I dascrlbed as being perf.oirned alone , or between memben of the same or I I apposite sex or blrtween humans and anImals, or other act of sexual arousal Involvlc:"9 any phyaicaI contact with a ~n's g8flltal. pubiC region, pubIC , s'ecfro'"~n~m&:w: ~1-:= ~I~e Code II amended to read as follows: Sec.118.fS. (a) Each new8r.ck shall be maJntalnlld In a clean and neat condttlon so as not to become mechanically Inoperable or have cracked or broken coverings or casings. The newva. shaU be pamted or covered With a protective COIltlng sa as to keep it trom rust (bl No I88US or edition of any I cubl cation shall beaUowed to remlln n lAy newlrack for. penod In 8XC8IIS : of toUr consecutive days past the date I the next 18sue Is pUblllhed or I dlseemlnated, whlChevar ta eooner. (c) No new8rack lhall remain In a I condition wherein It dOes not contam I the publication which It Is deelgnated. . to dlll8lt'llnate for . periOd Of five conleCutlve daya or lOnger. Section 3. Section 110.10 of the I Code Is amended to n!IIId sa followt: \~1B-10. Notice; removal; (a) NoIlce. If eny publk: .,'k:er designated by the city manager deter'mlnes that . new8rack 18 Inltalled, used or maintained In '11018l10n of the provllions of this chapter or that a n8W8raCk dl8plays offenSive or harmful matter 1n Violation of the rrovlsJons of thiS chapter, he shal take re880nable st.PI to notIfy the OWner or custodian thereof 811 follows' (1) Tnenewsrack illn violation of the provl810ns of this chaDter for reasons ... forth In I8Id notlce; and (2) The owner or eustodlan must within three days of receipt of notice remtnte the newareck or the: offensive. of harmful matter: or (3) The owner or custocllan must within three daya of receipt ot notice request In Wr'ltlng that the City manager 881 . hearing within five days lhereafter to defermlne upon swam testimony whether the new&- reck, or the oftenslY8 or harmful mailer displayed Within It. '1lOlat. the proviSIOns of this chapter; and (4) The public officer shall remove Ihe newsrack or the offensive or harmful mailer and store It as provided In 8Ub8ectlons (b) and (c) unle8s the owner or custodian remo'lU the new.rack or the offenSive or harmful matter pursuant to pari (2) of thll subsection or roqu.... a hea"ng punuenl to pert (3) of this ,ubSecllon. (b) Removal. After complymg with the notice requlrementa ~Ided for In SUbsection (a), the publiC o1hcer ,hall remove the new8/'8Ctc or the offensive or harmful matter displayed within It unl8111 the owner or cuatodlan removes the newsrack or the offenllve or harmful matter dISplayed within It or requ8lts the hearing as provided ,n eubUction (a) If the city m8n~er determlnu at 8&Id hearing that the newsrack or the offensive or harmful matter dlaplayed within It yfolates the provlllons of thIS chipter. the owner or cui\odlan of the ntlWll'ack Ihall within 24 hours after the decision remove the newsrack or the offenSive or harmful matter displayed Within II. Newsracks or mater{als not 80 removed shall be forthwith removed by a publiC officer. Ic) Storage If the pUbliC officer removes the newlraek or the offenSive or harmful matter displayed With," ", he shall store the newarack nr such matter In any c:on'lenlent Rlace deSignated by the city manager rhe owner or cuatodlan of the new.rack may reclaim the newsreck or such matter from tns officer wlthm tnlrty days of ItS removal by Identlfymg himself. shOWing ORDI_CENUMBER'O'. ,N DRDINANCl!OFTHEClTYOF SEAL BEACH AMENDING THE .UNICIPAL CODE PERTAINING J NEWSRACKS AND AMENDING ~r:oDE OF THE CITY OF SEAL BEACH. CALIFORNIA i'E CilY COUNCIL OF THE CITY F SEAL BEACH DOES ORDAiN AS )LLOWS: Jerdr:~ir CI _ rIl ordinance Numbe~ . . I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, California, hereby certify that the foregoing ordinanc~~~fl introdu~ce at ~a' meeting of the City Council held on the ),'~ d~~,of ____~ ' 1977, and adopted at a meeting held on the /0 ~ day 0 1977 by the following vote: , AYES: NOES: ABSENT: Councilmen Councilmen Councilmen . I I