HomeMy WebLinkAbout1994-04-12; City Council; 12657; AMENDMENT OF NEWSRACK ORDINANCE TO REQUIRE BLINDERS ON HARMFUL MATTERJd
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AB#- TITLE: AMENDMENT OF NEWSRACK ORDINANCE TO REQUIRE BLINDERS ON HARMFUL MATTER MTG. '7"i$- ?-f
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RECOMMENDED ACTION:
Introduce Ordinance No, -fiS-?-33
ITEM EXPLANATION
State law preempts the City from regulating the exhibition c dissemination of 180bscene11 materials However, the City doc
have a limited ability to regulate the distribution c materials considered to be obscene from the point of view c
a minor, defined as llharmful matterw1 by state law. The Cit
may pass an ordinance requiring the placement of blinder rad in front of the Itharmful matter" so that the lower two-thirc
of the material is not exposed to view.
The proposed amendment to Carlsbad Municipal Code sectic 11.36.020(c) adopts the definition of llharmful matter contained in the Penal Code. The amendment to CMC sectic
11.36.070 makes it unlawful to display Ilharmful matter1I in newsrack unless a blinder rack has been installed,
These are the maximum regulations which the City can ador relating to this type of material. However, the distric attorney can prosecute violations of state law fc distributing obscene material or directly selling "harmft
matter" to minors.
FISCAL IMPACT
None.
EXHIBITS
1. Ordinance No. NS-a33
2. Exhibit IrA1I, illustrating amendments.
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ORDINANCE NO. NS-273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING VAkIOUS CHAPTERS
OF TITLE 11, CHAPTER 11.36 OF THE CARLSBAD MUNICIP
CODE TO REGULATE DISPLAY OF HARMFUL MATTER IN
NEWSRACKS .
The City Council of the City of Carlsbad, Californi
does ordain as follows:
SECTION -1: That Title 11, Chapter 11.36 of t
Carlsbad Municipal Code is amended by the amendment of secti
11.36.020(c) to read as follows:
*t\Harmful matter' means matter, taken as a who1 which to the average person, applying contemporary statewi standards, appeals to the prurient interest, and is a matt which, taken as a whole, depicts or describes in a patent offensive way sexual conduct and which, taken as a whole, lac
serious literary, artistic, political, or scientific value f minors.It
SECTION 2: That subsections (e) and (h) of secti
11.36.020, Chapter 11.36, Title 11 are hereby repealed and t
succeeding subsections are relettered in alphabetical order.
SECTION 3: That Title 11, Chapter 11.36, secti
11.36.020 is amended to add the following as subsecti
11.36.020(h):
tt\Blinder rack' means an opaque material plac in front of, or inside, a newsrack which prevents exposure matter to public view.*'
SECTION 4: That Title 11, Chapter 11.36 of t
Carlsbad Municipal Code is amended by the amendment of secti
11.36.070 to read as follows:
"11.3 6.070 Displav 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-thir of the material is not exposed to view.@'
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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 Citi
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
APRIJ, I 19 Carlsbad City Council on the 12th day of
and thereafter
PASSED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad on the
1994, by the following vote, to wit:
day of
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
* ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT "A"
11.36.020(c) Azy pktsrhl matcrizl is If-
*-, unci 1-. -
IlPublic right-of-way1@ means any place of a
nature wh dedicated to use by the public for pedestri and vehicular travel, and includes, but is not limited to, street, sidewalk, curb, gutter, crossing, intersection, parkwa highway, alley, lane, mall, court, way, avenue, boulevard, roa roadway, viaduct, subway, tunnel, bridge, thoroughfare, par square, and a other similar public way.
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(Deletions are lined out and additions are highlighted.)
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