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CITY OF SAN BERt<.RDINO -
REQUEST ~ COUNCIL ACTION
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From: James F. Pemnan, City Attorney Subject: Ordinance of the City of San
Bernardino Amending Section
Dept: City Attorney 9.70.020 and Adding Section
9.70.030 to the San Bernardino
Da~: June 12, 1991 Municipal Code Relating to the
Seareaation of Certain Material
for the Protection of Minors
Synopsis of Previous Council action:
None.
Recommended motion:
Waive Further Reading and Lay Over for Adoption
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Contact person:
Dennis A. Barlow
Phone:
(714) 384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERN( lIDINO - REQUEST IC)I COUNCIL ACTION
STAFF REPORT
Under State law minors are protected from obscene material and
under Section 9.70.010 of the San Bernardino Municipal Code,
blinder racks are required to be placed over all displays of
magazines or newspapers which are not obscene for adults but are
obscene for minors (known as "harmful matter"). But there is still
material displayed and sold to children which needs to be regulated
and yet which cannot be prohibited from sale to adults or to
children with the permission of their parents. The Police
Department has advised of the need to require segregation of these
materials into one place and restrict entry by minors. The
proposed Ordinance would accomplish this purpose.
LRC directed that this be on the Agenda of June 17, 1991.
75-0264
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ORDINANCE NO.
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
sell in a public place, other than a public place from which
minors are excluded, any book, magazine, or other publication or
matter which depicts any photograph or pictorial representation of
any of the anatomical parts of a person's genitals or anus, or any
act of sexual intercourse, oral copulation, sodomy, masturbation,
or bestiality, whether actual or simulated, when to the average
adult person applying contemporary community standards such
photograph or pictorial representation has as its primary purpose,
design or effect sexual arousal, gratification or affront shall
segregate such material from the other material sold or displayed
away from the view and access of minors into an area to which only
adults are admitted, and shall clearly label such segregated area
as "Adults Only".
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.
28 d. It shall be unlawful to display, sell or offer to sell
DAB/dys/minors.ord
June 11, 1991
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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
Municipal Code is hereby amended to read as follows"
"Protection of Minors"
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a meeting thereof, held on
the day of , 1991, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
/ / / /
/ / / /
DAB/dys/minors.ord
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June 11, 1991
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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 day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY'~
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