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HomeMy WebLinkAbout32-City Attorney CIT. OF SAN BERNARDU~~ - REQUE,-r FOR COUNCIL AC\ .."N . From: DENNIS A. BARLOW Sr. Asst. City Attorney Subject: ADULT NE\'S RACKS Dept: Date: 10-14-88 ~o Synopsis of Previous Council action: 10/27/88 -- Recommended for adoption by Legislative Review Committee Recommended motion: Waive further reading of ordinance and layover for final adoption. ~) Contact person: DENNIS BARLOW Phone: 5256 Supporting data attached: Ward: FUNDING REOUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. 3~ .~ CONNON ClTr OF J:~/CIL o,'/c 1900 OCr tRliARDIN5 R DIN {II PIt 3: 4s f~ C I T Y o F SAN BERNA INTEROFFICE MEMORANDUM TO: Legislative Review Committee FROM: Dennis A. Barlow Sr. Asst. City Attorney DATE: October 14, 1988 RE: Adult News Racks (Blinder Racks) Recently, the Mayor and Council have considered the possibility of regulating adult news racks to protect minors from the dissemination of such material. Due to the provisions of Penal Code, Section 313.1, the Council was advised that the proposed regulation was preempted by State law. However, subsection (d) of Section 313.1 provides as follows: "( d) Nothing in this section invalidates or prohibi ts the adoption of an ordinance by a City, County, or City and County which restricts the display of material which is harmful to minors, as defined in this Chapter, in a public place, other than a public place for which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view." The attached ordinance complies with what is allowed by the statute. ~) Dennis Bar10w Sr. Asst. City Attorney DAB:cez Attach. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER RACKS IN FRONT OF DISPLAYS OF HARMFUL MATTER, AS DEFINED 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 BLINDER RACKS FOR DISPLAYS OF HARMFUL MATTER REQUIREMENT 9.70.010. Requirement. Any person who knowingly displays material which is harmful to minors, as defined in Penal Code Section 313, in a public place, other than a public place for which minors are excluded, shall place devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed, to view. 9.70.020 Violation. Violation of this Chapter is a misdemeanor." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 21 Bernardino at a ______________ meeting thereof, held on the 22 23 24 25 26 27 , 1988, by the following vote, to wit: day of AYES: Council Members NAYS: ABSENT: 28 DAB: cez 9/28/88 1 .,; 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 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER RACKS IN FRONT OF DISPLAYS OF HARMFUL MATTER AS DEFINED. City Clerk The foregoing ordinance is hereby approved this day of , 1988. EVLYN WILCOX, Mayor City of San Bernardino Approved as to form and legal content: ~ l' I~ ty Attorney 2