HomeMy WebLinkAboutOrdinance #3049 ORDINANCE NO. 3049
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADDING CHAPTER 5 . 74 TO THE
HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO
BUSINESSES SELLING HARMFUL MATTER
WHEREAS, the City Council is very concerned about the youth of
this City and is protective of what minors may be exposed to in
places of business that are open to the general public; and
The State of California had defined "obscenity" and "harmful
matter to minors" as state standards, thereby preempting the City of
Huntington Beach from setting its own standards in these areas; and
The State of California by the enactment of California Penal
Code Section 311 et seq. has also generally preempted cities in
their ability to define crimes and to prohibit conduct pertaining to
obscenity and harmful matter to minors; and
The State of California has, pursuant to Penal Code Section
313 . 1(d) , authorized cities to adopt ordinances which restrict the
display of harmful matter to minors by the use of blinder racks;
NOW, THEREFORE, the City Council does hereby ordain as follows :
SECTION 1. Chapter 5 . 74 is hereby added to Title 5 of the
Huntington Beach Municipal Code to read:
CHAPTER 5.74
i
HARMFUL MATTER
5.74 .010___Harmful Matter. No person shall display or cause to be
displayed, matter which is harmful to minors in a place open to the
public other than a public place from which minors are excluded,
unless there is placed a blinder rack in front of the material so
that at least the lower two-thirds of the material is not exposed to
view.
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I�
5.74.020 Definitions.
So) Harmful Matter. For the purposes of this Chapter, the terms
"harmful matter" and "matter" shall have the definitions contained
within California Penal Code Section 313 et seq. (Chapter 7. 6
"Harmful Matter") or any successor statute .
W Blinder Rack. An opaque devise which serves to obscure harmful
matter completely from view.
(c) Display. The term display, for purposes of this section, shall
be construed liberally and shall include, but not be limited to, any
of the following: exhibiting, selling, offering for sale,
advertising, promoting, showing, or storing, matter in an area
visible to the general public.
5.74.030 Penalty. Any person violating the provisions of this
Chapter by displaying or causing to be displayed such harmful matter
or by permitting such harmful matter to be displayed on property
owned, leased or under the control of that person, shall be guilty
of a misdemeanor and shall be punished by a fine 4Ir not to exceed
one thousand dollars or by imprisonment in the County jail for not
more than six months or by both such fine and imprisonment. Each
person so violating this Chapter shall be guilty of a separate
offense for each and every day during any portion of which any
violations of this Chapter is committed. "
SECTION 2. Nothing in this section shall preclude enforcement
or prosecution of any other applicable law.
SECTION 3 . This ordinance shall take effect 30 days after its
passage.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 1.6th day
of July , 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
4�0l ,
City Clerk Ci Att r y (,S. .Q1`O
Jr- -1a
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community Development
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Ord. No. 3049
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 2nd day of JulY
19 90 and was again read to said City Council at a regular
meeting therof held on the 16th day of JulY , 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Silva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister and Erskine out of rogm-
t, Corms 6rodffiy CITY G:_ .�;�, City of
fi"nglon Begich and 4n,#P;,1 Cily
Council,do hereby cerWy _v:•'- of this
ordinance has been pub`;_ : .;: :# .:. ;; on City Clerk and ex-o ft0 o Clerk
of the City Council of the City
of Huntington Beach, California
h amdancAfth Wity C1,o
Connie Bro • e-,v.al_
f - City Clerk:.
`-- piny Cify Clerk