HomeMy WebLinkAboutMC-797
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ORDINANCE NO.
MC-797
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.70.020 AND ADDING SECTION 9.70.030 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE SEGREGATION OF CERTAIN MATERIAL FOR
THE PROTECTION OF MINORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.70.020 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"9.70.020 Segregation
a. This Section 9.70.020 shall not apply to "harmful
matter" as defined in Penal Code Section 313.
b. Any person who knowingly displays, sells, or offers to
12 sell in a public place, other than a public place from which
13 minors are excluded, any book, magazine, or other publication or
14 matter which depicts any photograph or pictorial representation of
15 any of the anatomical parts of a person's genitals or anus, or any
16 act of sexual intercourse, oral copulation, sodomy, masturbation,
17 or bestiality, whether actual or simulated, when to the average
18 adult person applying contemporary community standards such
19 photograph or pictorial representation has as its primary purpose,
20 design or effect sexual arousal, gratification or affront shall
21 segregate such material from the other material sold or displayed
22 away from the view and access of minors into an area to which only
23 adults are admitted, and shall clearly label such segregated area
24 as "Adults Only".
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c.
It shall be unlawful to allow minors access or entry to
26 such "Adults Only" areas unless accompanied by a parent or
27 guardian.
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d.
It shall be unlawful to display, sell or offer to sell
DABjdysjminors.ord
June 11, 1991
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MC-797
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to any minor the material described in Subsection b of this
Section 9.70.020, unless such minor is accompanied by a parent or
guardian
e. This Section 9.70.020 shall not apply to nor require
the segregation of newsracks."
SECTION 2.
Section 9.70.030 is hereby added to the
San Bernardino Municipal Code to read as follows:
"9.70.030 Violation
Violation of this Chapter is a misdemeanor."
SECTION 3. The title of Chapter 9.70 of the San Bernardino
11 Municipal Code is hereby amended to read as follows"
12 "Protection of Minors"
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I HEREBY CERTIFY that the foregoing ordinance was duly
14 adopted by the Mayor and Common Council of the City of
15 San Bernardino at a
regular
meeting thereof, held on
16 the 1st
day of July
, 1991, by the following vote, to wit:
17 Council Members:
AYES
NAYS
ABSTAIN
18 ESTRADA
19 REILLY
x
x
20 HERNANDEZ
x
21 MAUDSLEY
22 MINOR
23 POPE-LUDLAM
24 MILLER
x
x
x
x
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~~~
City Clerk
I I I I
I I I I
DAB/dys/minors.ord
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June 11, 1991
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MC-797
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ORDINANCE AMENDING CHAPTER 9.20 RELATING TO THE
SEGREGATION OF CERTAIN MATERIAL FOR THE PROTECTION OF MINORS.
The foregoing ordinance is hereby approved this J?~ day
July
, 1991.
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W. R. - Hol/comb ,Mayor
City of San Bernardino
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Approved as to
form and legal content:
JAMES F. PENMAN,
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