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OF SAN BERNARDlr ') - REQUE'-T FOR COUNCIL ACT.~N
From:
James E. Robbins
Acting City Administrator
Administration
Subject:
Set Public Hearing
1988 at 10 a.m. --
proposed ordinance
display of harmful
public places.
-- September 19,
Discussion of
to restrict the
.,to<i.'4
Dept:
Date:
August 18, 1988
Synopsis of Previous Council action:
At the meeting of the Legislative Review Committee held August 18, 1988,
the Committee recommended that the proposed ordinance adding Chapter 9.70
to the San Bernardino Municipal Code to restrict the display of harmful
material in public places be considered at a Public Hearing on
September 19, 1988 at 10 a.m.
Recommended motion:
That a public hearing be set for September 19, 1988 at 10 a.m.
for the purpose of discussing the proposed ordinance adding
Chapter 9.70 to the San Bernardino Municipal Code to restrict
the display of harmful material in public places.
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Signature
Contact parson:
James E. Robbins
Phone:
5122
Supporting data attachad:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Council Notas:
15.0262
Agenda Item No. ~
C I T Y 0 F SAN B ERN A R DIN 0
Interoffice Memorandum
TO:
Legislative Review Committee
FROM:
Denice E. Brue
Assistant City Attorney
SUBJECT:
proposed Newsrack Ordinance
DATE:
August 18, 1988
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At the August 4, 1988 Legislative Review Committee Meeting
several concerns were expressed regarding the proposed Newsrack
Ordinance.
The attached proposed ordinance attempts to deal with the
concerns expressed in the following ways:
1. Includes plain sight observation requirements for
seizure. (Section 9.70.020).
2. Adds requirement of placing an adult within 50 feet of
the vending machine to alleviate any ambiguity regarding an
attendant requirement. (Section 9.70.010).
3. Continues the two remedial measures for violation, i.e.
misdemeanor prosecution and/or administrative hearing.
4. Specifically sets forth that property not claimed within
30 days can be disposed of as abandoned property. (Section
9.70.030). .
Adds the Police Commission as the entity to hearing the
hearings. (Section 9.70.030).
Attorney
DEB:ms
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70
TO THE SAN BERNARDINO MUNICIPAL CODE TO RESTRICT THE DISPLAY OF
HARMFUL MATERIAL IN PUBLIC PLACES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 9.70 is hereby added to the San
Bernardino Municipal Code to read as follows:
"Chapter 9.70
Newsrack Display of Harmful Matter to Minors
9.70.010 Prohibition.
Any person who knowingly displays, sells or offers to sell,
in any coin- or Slug-operated vending machine or mechanically or
electrically-controlled vending machine which is located in a
public place, other than a public place from which minors are
excluded, any harmful matter, as defined in Penal Code Section
313 unless such machines are attended at all times by an adult
~ ~t ~ within ~ ~ ~ ~ vending machine, is guilty of
a misdemeanor.
9.70.020
Seizure.
Any pOlice officer ~y seize ~h vending ~achine a~
~aterial containep therein which, .based ~ plain siqht
inspection, ~ in violation E! this Chapter.
9.70.030 Seizure hearing.
In addition to the criminal penalty provided in Section
9.70.010 for a violation of this chapter, any such vending
machine found and material containep therein, to be in violation
of this chapter may be seized by the Police Department.
Pursuant
DEB:ms
August 18, 1988
ATTACHMENT 1
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2 to ~s chapter, ~ ~ seizure hearing may ~e ~d upon request
3 2! the owner ~f such seized vending machine.
If an identifying
4 address is found on the vending machine or can be seen on the
5 material offered for sale without opening the vending machine,
6 written notice of such seizure shall be provided by certified
7 mail and an opportunity for a hearing provided.
I.h.!s hearina
8 shall ~ before the Police Commission. If a hearing is not
9 requested wi thin thirty days of notice, if such notice can be
10 provided, or of seizure if no notice can be provided, or the
11 vending machine is not claimed within thirty days of seizure if
12 no notice can be provided, the vending machine and the materials
13 offered for sale shall be deemed abandoned ~d disposed 2f. .alL
14 abandoned property.
The purpose of the hearing shall be to
15 determine if the purposes of this chapter have or have not been
16 me t .
Any adverse determination from the decision of the
17 administrative hearing may be appealed to the Mayor and Common
18 Council, the decision of which shall be final."
19 I HEREBY CERTIFY that the foregoing ordinance was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a
_ meeting thereof, held on
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DEB:ms
August 18, 1988
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14 of
Ordinance of the City of San Bernardino Adding Chapter 9.70
to the San Bernardino Municipal Code to Restrict the Display
of Harmful Material in Public Places
the day of
, 1988, by the following
vote, to wit:
Council Members
AYES:
NAYS
ABSENT
City Clerk
The foregoing ordinance is hereby approved this
day
1988.
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Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
City Attorney
DEB:ms
August 18, 1988
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