HomeMy WebLinkAbout93-19 Display of Material which are Harmful to Minors in a Public PlaceORDINANCE NO. 93-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING CHAPTER X TO
TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO DISPLAY OF MATERIAL WHICH IS
HARMFUL TO MINORS IN A PUBLIC PLACE.
THE CITY COUNCIL OF THE CI`T'Y OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter X is hereby added to Title 11 of the
Costa Mesa Municipal Code to read as follows:
"CHAPTER X. REGULATION OF DISPLAY OF MATERIAL WHICH I$
HARMFUL TO MINORS IN A PUBLIC PLACE.
Sec. 11-173. Findings and Purpose:
(a) The City Council does hereby find and declare as
follows:
1. The California Legislature has provided in
California Penal Code Section 313.1 that a city may adopt
an ordinance which restricts the display of material
which is harmful to minors, as defined in California
Penal Code Section 313, in a public place, other than a
public place from which minors are excluded, by requiring
the placement of devices commonly known as blinder racks
in front of the material so that the lower two-thirds of
the material is not exposed to view.
2. The display of material which is harmful to
minors, as defined in California Penal Code Section 313,
in a public place is occurring at businesses which are.
open to the public and where minors frequent in the City
of Costa Mesa.
(b) The purpose of this chapter -'-is to restrict the
display of material which is harmful to minors, as
defined in California Penal Code Sections 313 and 313.1,
in a public place, other than a,public place from which
minors are excluded, by requiring the placement of
devices commonly known as blinder racks in front of the
material so that the lower two-thirds of the material. is
-not exposed to view.'
Sec. 11-174. Definitions.
As used in this chapter,:
(a) "Harmful matter" shall mean harmful matter as
defined in California Penal Code Section 313, and as may
be amended.
(b) "Matter" shall mean matter as defined in California
Penal Code Section 313, and as may be amended.
(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 as beingharmful matter.
(e) "Exhibit", shall mean to show or display for public.
use.
(f) "Minor" shall mean any natural person under -18 years
of age.
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Sec. 11-175. Prohibition.
No person shall knowingly exhibit harmful matter in a public
place, other than a location from which minors are excluded, to
minors without the placement of devices known as blinder racks or
covers in front of the matter so that the lower two-thirds of the
matter is not exposed to public view.
Sec. 11-176. Enforcement.
The provisions of this chapter shall be enforceable and a
violation shall be punishable as a misdemeanor pursuant to section
1-33 of this code. The operator or owner of the business for which
the operator is employed may be cited for violation of this
chapter.
Section 2. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before the
expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this
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Ordinance together with the names of the members of the City
Council voting for and against the same.
ly
PASSED AND ADOPTED this day of , 1993.
ATTEST:
Ma or of the City o Cos a Mesa
APPROVED AS TO FORM:
f
City C1 rk of the City of 9osta esa City Attorney
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STATE OF CALIFORNIA )
.COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I,' MARY T..ELLIOTT, Deputy City Clerk and ex -officio clerk of
the City Council of -the '
f the. City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 93 - was introduced and
.considered section by section at a -regular meeting of said City
Council held on the, /S7 day of xft�. , 1993, and thereafter
passed and adopted as a ole -at a regular meeting of said City.
Council held on the 16 day of1993, by the
following roll call vote: l
AYES: COUNCIL MEMBERS: �fLlvlS� PDA tJj3.(,CaO_G� Bui=FA� CRia-k50�'.'i
NOES: COUNCIL MEMBERS: Kbije
ABSENT: COUNCIL MEMBERS: t4u m -P h4 2C.
:IN WITNESS WHEREOF, I have hereunto 56t my hand and affixed the
Seal of the City of Costa Mesa this J(o day of, ,, 1993.
Deputy C' y Clerk and -ex-officio
- --_- Clerk of e City Council of the
_ City of Costa Mesa
P,