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HomeMy WebLinkAbout1994-04-19; City Council; NS-273; CMC 11.36.020(c)/.070 amend - Newsracks harmful matter reg...i Sm mu? &E& <:08 ow: iLLU 20.35 rrk5a: m> tJZ :;22 (JOB zwm OZJO "E~O Lam 00s cy5 00 QOJ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 e 0 ORDINANCE NO. NS-273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 11, CHAPTER 11.36 OF THE CARLSBAD MUNICIPP CODE TO REGULATE DISPLAY OF HARMFUL MATTER IN NEWSRACKS e The City Council of the City of Carlsbad, Californiz does ordain as follows: SECTION 1: That Title 11, Chapter 11.36 of tk Carlsbad Municipal Code is amended by the amendment of sectic 11.36.020(c) to read as follows: It'Harmfu1 matter v means matter, taken as a wholc which to the average person, applying contemporary statewic standards, appeals to the prurient interest, and is a matt6 which, taken as a whole, depicts or describes in a patent1 offensive way sexual conduct and which, taken as a whole, lac) serious literary, artistic, political, or scientific value fc minors. !I SECTION 2: That subsections (e) and (h) of sectic 11.36.020, Chapter 11.36, Title 11 are hereby repealed and tl succeeding subsections are relettered in alphabetical order. SECTION 3: That Title 11, Chapter 11.36, sectic 11.36.020 is amended to add the following as subsectic 11.36.020(h): "'Blinder rack' means an opaque material place in front of, or inside, a newsrack which prevents exposure ( matter to public view." SECTION 4: That Title 11, Chapter 11.36 of tl Carlsbad Municipal Code is amended by the amendment of sectic 11.36.070 to read as follows: u111.36.070 DisDlav of harmful matter. person shall display, or cause to be displayed, harmful matt' in any newsrack in a public place, other than a public pla' from which minors are excluded, unless a blinder rack has be installed in front of the matter, so that the lower two-thirs of the material is not exposed to view." I 1 I I 6 a 1 2 3 4 5 6 7 8 9 10 11 mu? $a aam Yr an8 iUC3 Ow8 20aa >iZ nOn9 cr'ty.oc $<si zumQ 22:: p2 >g$ kv a89 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a EFFECTIVE DATE: This ordinance shall be effect: thirty days after its adoption; and the city clerk shall cert: the adoption of this ordinance and cause it to be published least once in a newspaper of general circulation in the City Carlsbad within fifteen days after its adoption. I INTRODUCED AND FIRST READ at a regular meeting of 1 1 Carlsbad City Council on the 12th day of APRIL , 195 I and thereafter PASSED AND ADOPTED at a regular meeting of the C!: Council of the City of Carlsbad on the 19th day of APRIL 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fil NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY ATTEST: l24kZL 2. - ALETHA L. RAUTENKRANZ, City Cle#k I i I 2