HomeMy WebLinkAbout1990-01-16; City Council; NS-104; CMC 11.36.020/.070 amend - Obscene materials definitions...I1 e 0
1 ORDINANCE NO. NS-104
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 11, CHAPTER 11.36 OF THE CARLSBAD MUNICIPAL CODE ADDING DEFINITIONS OF OBSCENE MATERIALS.
4 ll The City Council of the City of Carlsbad does orda.
!5 11 follows:
6
7
Section 11.36.020 to read as follows: 8
Carlsbad Municipal Code is amended by the amendment of
SECTION I: That Title 11, Chapter 11.36 of the
9
10
11
ZU% co>?
gaq 2zm
olLum OU
soaa ,.iZ QFFE ma,,
$24 2052
LL * a1
wmo +>.ma
a a d
'$89 NE
c-a
Go
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.36.020 Definitions.
Whenever the following words and phrases are used
this division, they shall have the meaning ascribed to them
this section: (a) "Distributerv1 shall mean the person responsib for placing and maintaining a newsrack in a public right of 1 (b) I1Newsrackg8 shall mean any self-service or coi operated box, container, storage unit, or other dispenser installed, used or maintained for the display, sale or distribution of publications. (c) Any pictorial material is Iqobscene1l if all of following apply:
(1) The average person, applying contemporar community standards, would find that it appeals to the pruri
interest when the publication or material is considered as a
whole: and
(2) It depicts, describes or represents in a
patently offensive manner, sexual behavior as defined below;
(3) It lacks serious literary, artistic, political or scientific value when the publication or materi considered as a whole. (d) llParkwayll shall mean the area between the sid and curb of a roadway, and where there is no sidewalk, that between the edge of the traveled roadway and the edge of a p
right of way. gtParkwaygf also includes any area within a roa that is not open to vehicular travel. (e) Itpictorial materialt8 means any material sugge or conveying a visual image, and includes but is not limited a photograph, painting or drawing. (f) IIPublic Right of Way" shall mean any place of nature which is dedicated to use by the public for pedestria vehicular travel, and includes, but is not limited to, a str sidewalk, curb, gutter, crossing, intersection, parkway, hig alley, lane, mall, court, way, avenue, boulevard, road, road viaduct, subway, tunnel, bridge, thoroughfare, park, square,
any other similar public way.
(9) ltRoadwaygt shall mean that part of a public ri of way that is designated and used primarily for vehicular
travel.
(I
. - I1 e 0
1
2
3
4
5
6
7
8
9
10
(h) '!Sexual behavior!' means the patently offensivc representation, depiction or description of any of the follol
(1) Ultimate sexual acts, normal or pewertec actual or simulated, including without limitation, vaginal
intercourse between a male and a female,and anal intercourse,
fellatio and cunnilingus between persons regardless of gende~
(2) Masturbation, excretory functions and lei
exhibition of genitals.
(3) The actual or simulated infliction of pa:
one individual upon another, or by an individual upon himsell for the purpose of the sexual gratification or release of eil individual, as a result of flagellation, beating, striking 01 touching of an erogenous zone, including without limitation, thigh, genitals, buttock, pubic region or, if such person is female, a breast.
(4) Ultimate sexual acts, actual or simulatec between a human being and an animal. (i) 88Sidewalk11 shall mean that part of a public r. of way that is designated and ordinarily used for pedestrian travel.
l1 1) SECTION 11: That Title 11, Chapter 11.36 is amendl
12
Om
2Za5 ZFZ 13
gpg
S>iF g"g!$ 14
m=a& 15
G2-J oc~d 16
+.sg
go82 q8y
u '4-1 +>a< WWV
c:% 17
Go 18
the addition of Section 11.36.070 to read as follows:
g111.36.070 Display of obscene material. It shall be unlawful for any person to knowingly p or maintain any publication or material in newsracks which exposes to public view any pictorial matter that is obscene.
SECTION 111: That all sections following Section
11.36.070 be renumbered consecutively.
EFFECTIVE DATE: This ordinance shall be effective
19. thirty days after its adoption, and the City Clerk shall cer
to the adoption of this ordinance and cause it to be publish
least once in the Carlsbad Journal within fifteen days after
20
21
22 /1 adoption.
23 ll INTRODUCED AND FIRST READ at a regular meeting of
24 ll Carlsbad City Council on the 9th day of January
25
26
27
19 90, and thereafter
28 li II L L
I
I
1 II
* 1)
PASSED AND ADOPTED at a regular meeting of the Ci?
2
3
4
Council of the City of Carlsbad on the 16th day of January
1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
5
6
NOES: None
ABSENT : None
9m mu? o> &zg
GFsg
go83 qgy ZLq
Gp& duo noaa Z>+F
?SOL
EZJ
u ,ai +>ma woo
uuri
Go
7
8
9
10
11
12
I/ APPROVED AS TO FORM AND LEGALITY
13 11 ATTEST:
14
l5 ALETHA L. RAUTEN&n&Lerk
>If; I: &x/* ,$, !.I\ & ’
16
17
18
19.
2o il
21
22
23
24
25
26
27
28
3 !I