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HomeMy Public PortalAboutOrdinance 819ORDINANCE NO. 819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING 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 • Chapter 9.10, entitled "Restrictions on the Public Display of Harmful Materials to Minors" is hereby amended by renumbering Section 9.10.040 ("Penalty for Violation") as Section 9.10.050 and a new Section 9.10.040, entitled "Supervision of Blinder Racks" 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. Ordinace shall take affect on January 2, 2002. MOVED, PASSED AND ADOPTED THIS 4th day of December , 2001. CITY OF BEAUMONT By ROGER BE G, Mayor CERTIFICATION I, AlanC. 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 November 20 ,2001, and was duly adopted upon second reading on December 4 , 2001, upon the following roll call vote: AYES: Mayor Berg, Council Members DeForge, Dressel, Fox, and Valdivia. NOES: None. ABSTAIN: None. ABSENT: None. CITY OF ! AUMONT (SEAL) ALAN C. KAP. i IC , City Clerk 2 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 Supervision of Blinder Racks. Section 9.10.050 Penalty for Violations. Section 9.10.060 Severability. 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. 1 G. "Minor" means any natural person who is under the age of eighteen (18) years. 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 Supervision of Blinder Racks. Any person who owns, operates or maintains a newsrack or vending device exhibiting harmful matter within the City, whether or not blinder racks are placed in front of harmful matter thereon or contained therein, shall supervise access to such racks or devices by minors. Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly fails to supervise access to harmful matter by such minor, shall be guilty of an unlawful distribution of such matter and shall be punished as specified in Section 9.10.050 of this Chapter. Section 9.10.050 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; 2 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. Section 9.10.060 Severability. If any provision of this Chapter is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this Chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this Chapter determined to be invalid or subject to modification is no longer in conflict with the law or regulation, then that provision will again become effective and will thereafter be binding. 3