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HomeMy WebLinkAbout39-City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 such "Adults Only" areas unless accompanied by a parent or guardian. , d. It shall be unlawful to display, sell or offer to sell DAB/dys/minors.ord 1 June 11, 1991 3'1 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 June 11, 1991 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o 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, ::~ ./ 3