HomeMy WebLinkAboutAgenda Report - July 5, 1989 (54)C O U N C I L COMMUNICATION
TO = THE CITY COUNCIL COUNCIL NIFENG DATE
FROM: THE CITY MANAGERS OFFICE J(..ILY 5, 1989
SUBJEC17: CONSIDERATION OF DRAFT, RBQUM2 U THAT "BLINDERS" BE iTTiTi7.FT) FOR
THE SALE OF CERTAIN "HARMFUL MATTER" (ASSEMBLY BILL 711, PENAL CODE 5313.1) .
PPEPARED BY: City Attorney
RECOMMENDED ACTION: Consideration of the attached ordinance., requiring
that certain "harmful matter" (usually sexually
oriented magazines and videotapes) as defined by
state law, be kept in a blinder when offered for sale
from a location visible to the public.
BACKGROUND Il4URMAIM A t the Council meeting of June 21, 1989, Mc Kai
Oven, on behalf of a local anti -pornography
organization, requested that the Council consider
adoption of a "blinder" ordinance, pursuant to Penal
Code § 313.1. This Penal Code section, enacted as
Assembly Bill 711, authorizes cities and csunties to require a device known as
a "blinder" on sales of magazines and videotapes deemed to be "harmful
matter". This term is most commonly applied to sexually oriented magazines
and videotapes.
The blinder is simply a box, rack or other device which obscures the lower
two-thirds of the cover of such magazines or videotapes, leaving only the name
of the publication or videotape visible.
The attached ordinance is based on the statute enacted by the City of
Ba kersf' el d .
Respectfully submitted,
,_�5A aC, �.(a f -
BOB PIcNATT
City Attorney
BM:vc
CCBLINDR/TXTA.OIV
ORDINANCE NO. 1458
AN ORDINANCE OF THE LODI CITY COUNCIL
ADDING TO CHAPTER 9.04 OF THE MUNICIPAL CODE, SECTION 9.04.030,
RELATING TO THE DISPLAY OF MATERIAL WHICH IS HARMFUL TO NT40RS
WHEREAS, pursuant to Penal Code § 313.1, effective January I,
1988, local jurisdictions have authority to implement ordinances
regulating the display of certain harmful matter;
NOW, THEREFORE, BE IT OP.DAINED BY THE LODI CITY COUNCIL AS
fuujJ�S :
SECHON 1. Lodi Municipal Code Chapter 9.04 of the Municipal Code
is hereby amended by adding thereto §j.04.030 (Offenses Against Public
Decency) to read as follows:
§9.04.030
A. Display of Material Which is Harmful to Minors.
The display of material which is harmful to minors, as defined in
Chapter 7.6 of Title 9 of the California Penal Code, in a public place
other than a public place from which minors are excluded, is prohibited
unless a device commonly known as a blinder rack is placed in front of
such material, so that the lower two-thirds of the material is not
exposed to view.
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B. Blinder Defined.
"Blinder" shall mean an opaque box, rack, contrivance or device
from which certain harmful matter, as defined above, is sold, and which
obscures the lower two-thirds of the material from public view.
C. Violation --Infraction.
Any person who i s convicted of a violation of any of the
provisions of this sectipn is guilty of an infraction and shall be
punished accordingly.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper cf general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Attest:
ALICE M. REIMCHE
City Clerk
Approved this day of
JOHN R. SNIDER
Mayor -
14-58
-2-
State of California
County of San Joaqu n, ss.
I, Alice M. Reimche City Clerk of the City of Lodi, do hereby certify
that Ordinance No. was introduced at a regular meeting of the
City Council of the City of Lodi held
and -was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held by the following vote:
Ayes : Council Members -
Noes : Council Members -
Absent: . Council Members -
Abstain: Council Members -
I further certify that Ordinance No. was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORDBLIND/TXTA.OIV
14-58
-3-
ALICE M. REMCIE
City Clerk
ORDINANCE NO. , NEW SERIES
AN ORDINANCE OF THE �QENCILRF Tg CITY
OF BAKERSFIELD ADDIN RAPT 9.17 TO'
THE BAKERSFIELD MUNICIPAL CODE RELATING
TO MISCELLANEOUS REGULATIONS, INCLUDING
SECTION 9.17.010 RELATING TO DISPLAY ,OF
AA.ATERIAL WHICH IS.HARMFUL TO MINORS.
WHEREAS, Assembly Bill. 711 (A.B. 711) has been adopted by- j
the State Legislature and signed by the Governor;., and
WHEREAS, A.B. 711 amends California Penal Code Section :z-
313.1 to grant to ).oca1 ]urisdictiq s the authority to implement -
local ordinances to regulate the display of harmful matter; and _
WHEREAS, A.B. 711 will become effective January 1, 1988.
NCW, THEREFORE, BE IT ORDAINED by the Council of the City .....
of Bakersfield as follows: _
SECTION 1.
Chapter 9.17 is hereby added'to the Bakersfield Municipal ....
Code to read- as follows:
CHAPTER 9.20
MISCELLANEOUS REGULATIONS
Section:
9.17.010 Display of material which is harmful to -minors
9.17.010 Display of material which is harmful -to minors.
Display of material which is harmful to minors, as
defined in Chapter 7.6 of Title 9 of the California Penal Code, in
a public place, other than a public place from which minors are
excluded, is prohibited unless a device commonly known as a blinder
rack is placed in fron: of such material, so that the lcwer two-
thirds of the material is not exposed to view.
in
• - y.l
SECTION 2.
This ordinance shall be posted in accordance with the
city charter provisions and shall become effective January 1, 1988,
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? HEREBY CERTIFY that the foregoing Ordinance was 'passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on — by the.:.;:;.,.
following vote: -
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfie:_d
APPROVED
MAYOR of the City or Baxersi;,e.'.o.
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
AJS/meg _ ..
O ORD S
AB711.1
10/28/87
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NMI
Receivedtelephone calls from the following urging he Council to introduce the
proposed Ordinance requiring blinder racks to be placed in stores on magazine
racks in front of materials which are harmful to minors:
Century Assembly Church
Emanuel Luthern Church
Faith Fellowship Church
First Baptist Church
Lodi Coami pity Church
Lodi Victory Church
S t . John's Episcopal Church
United Congregational Church
Vinewood Community Church