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CI""~~ OF SAN BERNARD'-~O - REQUr.,T FOR COUNCIL AC 10N
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
'.'0<1.'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.
6-h,o~, ()2#.,~
Signature
Contact parson:
James E. Robbins
Phone:
5122
Supporting data attachad:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
75.0262
Agenda Item No.
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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. R~E:TRICTtIME -f>I5PLA'" OF
HARMFUL MATERIAL IN PUBLIC PLACES. p_;L~~~J - ~ ")<l.-'<z... iJ-c--
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 adul t
who must be within 50 feet of such vending machine, is guilty of
--- "-'---
a misdemeanor.
9.70.020
Seizure.
Any pOlice officer ~y seize ~h vending lJIachine a~
l1laterial containe.d therein which, .based Q..!2. plain siqht
inspe:tion, ~ in violation 2! ~s 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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to ~s chapter, ~~ seizure hearing may ~e ~d upon reauest
~ the owner ~f such seized vending machine. If an identifying
address is found on the vending machine or can be seen on the
material offered for sale without opening the vending machine,
written notice of such seizure shall be provided by certified
mail and an opportunity for a hearing provided.
This hearina
shall & before th...e Police ,Commission. If a hearing is not
requested within thirty days of notice, if such notice can be
provided, or of seizure if no notice can be provided, or the
vending machine is not claimed within thirty days of seizure if
no notice can be provided, the vending machine and the materials
offered for sale shall be deemed abandoned ~d disposed 2J ~
abandoned propertv.
The purpose of the hearing shall be to
determine if the purposes of this chapter have or have not been
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Any adverse determination from the decision of the
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administrative hearing may be appealed to the Mayor and Common
Council, the decision of which shall be final."
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
DEB:ms
August 18, 1988
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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:
AYES:
Council Members
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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Or
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
LEGISLATIVE REVIEW COMMITTEE
FROM:
DENNIS A. BARLOW
Sr. Asst. City Attorney
July 12, 1988
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DATE:
SUBJECT: Proposed Newsrack Ordinance
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Some time ago, members of the public approached the City with a
concern about newsracks in the community displaying "obscene"
material to both adults, who do not wish to view such displays,
and minors of all ages. Their concern as parents was whether
something could be done to protect minors from this material.
Certainly, in such situations careful consideration must be made
due to the constitutional rights of freedom of speech and of the
press. However, State statutes outline and define "harmful
matter" which, although not to the legal standard of obscenity,
still may not be displayed to minors.
After several meetings including the Mayor, the Chief of Police,
City Clerk, Planning, Public Services, City Administrator, our
office, and members of the public, it was decided to recommend to
the Mayor and Council that an ordinance be adopted which would
protect minors from not only viewing such harmful matter, but
through youthful curiosity, from purchasing such material, and
would also protect the right of adults to purchase and read what
they desired. The best solution to this problem seemed to be to
require that each of such newsracks be attended by an adult.
Such an adult could monitor the activities of minors and still
allow purchases by adults, an ability not held by the inanimat.
machines themselves. Failure to have an adult attendant would be
a violation of the ordinance and could also result in seizure of
the newsracks.
In these situations, seizure prior to a due process hearing is
supported by the need to protect children from the adverse
effects of the material. However, a hearing is made available to
the operators at their request.
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ATTACHMENT 2
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