HomeMy Public PortalAboutOrdinance 809ORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA,
ADDING CHAPTER 9.10 TO THE BEAUMONT MUNICIPAL CODE
ENTITLED 'RESTRICTIONS ON THE PUBLIC DISPLAY OF
HARMFUL MATERIALS TO MINORS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, CALIFORNIA, AS FOLLOWS:
Section 1: New Chapter 9.10, entitled "Restrictions on the Public Display of Harmful
Materials to Minors" is hereby added to the Beaumont Municipal Code to read as specifically
provided for in Exhibit "A" attached hereto and made a part hereof.
Section 2: This Ordinance shall take effect as provided by law.
MOVED, PASSED AND ADOPTED THIS 6th day of March , 2001.
CITY OF BEAUMONT
ATTE :
Cr y Clerk
By
1E 2
ROGER BERG, Mayor
CERTIFICATION
I, Alan C. Kapanicas, City Clerk of the City of Beaumont, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council held on February 27 , 2001,
and was duly adopted upon second reading on March 6, , 2001, upon the following roll call
vote:
AYES: Mayor Berg, Council Members Dressel, Fox, Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member DeForge.
(SEAL)
CITY OF : AI5MONT
C. KAPANICA', City Clerk
CHAPTER 9.10
RESTRICTIONS ON THE PUBLIC DISPLAY
OF HARMFUL MATERIALS TO MINORS
Sections:
Section 9.10.010 Purpose; Authority.
Section 9.10.020 Definitions.
Section 9.10.030 Requirement of Blinder Racks.
Section 9.10.040 Penalty for Violations.
Section 9.10.010 Purpose; Authority.
The purpose of this Chapter is to protect public health, safety and welfare and to protect
minors in this City from viewing harmful matter as defined herein. This Ordinance is authorized
by California Penal Code, Section 313.1.
Section 9.10.020 Definitions.
For the purpose of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
A. "Blinder racks" means any opaque item or device which rests on or in front of
harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.
B. "Business establishment" means any indoor or outdoor commercial enterprise which
distributes or exhibits harmful matter in such a manner that such matter can be viewed by
passersby or by patrons inside the enterprise.
C. "Distribute" or "distribution" means to transfer possession of, whether with or
without consideration.
D. "Exhibit" or "exhibition" means to show.
E. "Harmful matter" shall have the same meaning as the term "harmful matter"
prescribed by paragraph (a) of Section 313 of the California Penal Code, as that Section may
hereafter be amended.
F. "Matter" means any book, magazine, newspaper or other printed or written material,
or any picture, drawing or photograph, or any statue or other figure.
G. "Minor" means any natural person who is under the age of eighteen (18) years.
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H. "Newsrack" or "vending device" means any mechanism which is located on public
property or located in a business establishment in such a manner that the contents can be viewed by
members of the general public, and which contains harmful matter for purposes of distribution or
exhibition which can be seen by the general public.
I. "Person" means any corporation, partnership, limited liability company or sole
proprietorship which owns a business establishment, newsrack or vending device, and any natural
person who is responsible for the operation or maintenance of a business establishment, newsrack
or vending device including, but not limited to, clerks who are responsible for on-site operation or
maintenance of a business establishment.
Section 9.10.030 Requirement of Blinder Racks.
It is unlawful for any person to own, operate or maintain a newsrack or vending device
exhibiting harmful matter within the City unless blinder racks are placed in front of harmful matter
thereon or contained therein, or such newsracks or vending devices are located in an area from
which minors are excluded.
Section 9.10.040 Penalty for Violation.
Any person violating this Chapter shall be deemed guilty of an infraction or misdemeanor
as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of this Chapter is committed, continued or
permitted.
Any person so convicted shall be:
A. Guilty of an infraction offense and punishable by a fine not exceeding One Hundred
Dollars ($100.00) for a first violation;
B. Guilty of an infraction offense and punishable by a fine not exceeding Two
Hundred Dollars ($200.00) for a second violation;
C. The third and any additional violations shall constitute a misdemeanor offense and
shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00) or six (6) months in
jail, or both;
D. Notwithstanding the above, a first offense may be charged and prosecuted as a
misdemeanor.
Payment of any penalty herein shall not relieve any person from the responsibility for
correcting the violation.
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