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HomeMy WebLinkAbout1994-04-19; City Council; 12668; ADOPTION OF ORDINANCE NO. NS-273-REQUIRING BLINDERS ON HARMFUL NEWSRACK MATERIALSsls t. .A h Q 0 o= Q 9 a Z 0 F 0 a d 8 z 3 Y mTY OF CARLSBAD - AWDA BILL DEPT. AB ' - TITLE: ADOPTION OF ORDINANCE NO. NS-273 - MTG. 4/lW94 REQUIRING BLINDERS ON HARMFUL CITY A DEPT.~ NEwsRAQ(MATERIALs CITY M RECOMMENDED ACTION: Adopt Ordinance No. NS-273, amending various chapters of Title 11, Chapter 11.36 of the Municipal Code to regulate the display of hannful matter in newsracks. ITF.M EXPLANATION Or&ace No. NS-273 w% h@68ue@d 2t the agul%r City Cmd mebth& o€ And 12, 1994. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPAm See Agenda Bill No. 12,657 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-273. 5 6 7 8 9 10 11 12 00, a> ~~cb 13 d:;% 14 O~g~ 15 ge$z 16 SUJ$ 3055 =ZG 2;sz an8 zuv) FS aoa g%J l7 0 18 19 20 21 22 23 24 25 26 27 28 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: "\Harmful matter' means matter, taken as a who1 which to the average person, applying contemporary statewi 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." SECTION 2: That subsections (e) and (h) of sectj 11.36.020, Chapter 11.36, Title 11 are hereby repealed and t succeeding subsections are relettered in alphabetical order.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, sectj 11.36.020 is amended to add the following as subsect: 11.36.020(h): standards, appeals to the prurient interest, and is a matt "\Blinder rack' means an opaque material plac in front of, or inside, a newsrack which prevents exposure matter to public view.11 SECTION 4: That Title 11, Chapter 11.36 of 1 Carlsbad Municipal Code is amended by the amendment of sect: 11.36.070 to read as follows: ''11.36.070 Displav of harmful matter. person shall display, or cause to be displayed, harmful mat in any newsrack in a public place, other than a public plt from which minors are-excluded, unless a blinder rack has bc installed in front of the matter, so that the lower two-thi: of the material is not exposed to view." 1 =* L W I-) 1 2 3 4 R W ORDINANCE NO. NS-273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TITLE 11, CHAPTER 11.36 OF THE CARLSBAD MUNICIP CODE TO REGULATE DISPLAY OF HARMFUL MATTER IN NEWSRACKS . OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS q J 5 * 1 2 3 4 5 6 7 8 9 10 11 12 SW3 Yr cum 13 a000 ow3 iU, so45 14 *;a* o o ’ ’ l5 gE$: 16 0 a$”lE zwv) E23 aoJ pz l7 0 18 19 20 21 22 23 24 25 26 27 28 m 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. INTRODUCED AND FIRST READ at a regular meeting of 1 Carlsbad City Council on the 12th day of APRIL , 19! 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, Fi NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney Y*/9*9+. ATTEST: a&& 4. - ALETHA L. RAUTENKRANZ, City Clejk 2