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HomeMy WebLinkAbout02-City Administrator ~ cn 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. 'to; ......t '::~-- ~\.. ",,, 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 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 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 1 1 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 22 23 24 25 26 27 28 DEB:ms August 18, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: City Attorney DEB:ms August 18, 1988 3