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HomeMy Public PortalAboutOrd. 1490ORDINANCE NO. 1490 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE ADDING A SECTION PROHIBITING BILLBOARD ADVERTISEMENT OF TOBACCO AND ALCOHOL PRODUCTS IN THE CITY. WHEREAS, under California law it is unlawful for any individual under 18 years of age to purchase or to be sold tobacco products; and WHEREAS, under California law it is unlawful for any individual under 21 years of age to purchase or be sold alcoholic beverages; and WHEREAS, more than three million minors under the age of 18 consume more than 947 million packs of cigarettes annually in the United States, yielding gross sales to the tobacco industry each year of approximately one billion dollars; and WHEREAS, the tobacco and alcoholic beverage industries annually spend hundreds of millions of dollars on outdoor advertising, making tobacco and alcoholic beverages the two most heavily advertised products in the nation; and WHEREAS, despite laws in every state prohibiting the sale of tobacco to minors, teens and children purchase over 500 million packs of cigarettes and 26 million containers of smokeless tobacco products each year; and WHEREAS, outdoor billboard advertising is a unique and distinguishable medium of advertising which subjects the general public to involuntary and virtually unavoidable Corms of solicitation, unlike, for example, advertising via newspapers, magazines, radio, or television; and WHEREAS, the Supreme Court and other courts have recognized the direct relationship between advertising and consumption relative to as variety of goods and services; and WHEREAS, in addition to judicial recognition of the general link between advertising and consumption, there is evidence that tobacco advertising plays a significant role in stimulating illegal consumption of tobacco products by minors; and WHEREAS, this evidence includes articles in the New England Journal of Medicine, the American Journal of Public Health, the Journal of Pediatrics, and other scientific journals; and WHEREAS; research has also shown that the attitudes of children are significantly related to their exposure to alcoholic beverage advertisements; and WHEREAS, studies have also shown a strong correlation between alcohol use and juvenile crime, that a striking association exists between juvenile alcohol use and suicide b firearm, and that alcohol use by minors correlates with drowning accidents, driving accidents, school truancy and damage to school property; and WHEREAS, studies have shown that our nation's adolescents commonly use cigarettes, and that cigarettes constitute a "getaway" drug for these youths, i.e., a substance which is used by adolescents as a first drug and opens the door for use of other "harder' substances at a later date; and WHEREAS, an ordinance prohibiting outdoor billboard advertisements for tobacco and alcoholic beverages within the City of Lynwood is a reasonable and necessary measure for: 1) reducing illegal transactions and illegal consumption by minors; 2) minimizing the exposure of minors to tobacco and alcoholic beverage products advertising; and 3) the promotion of the welfare and temperance of minors. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS; Section 1. That the Code of the City of Lynwood is hereby amended by adding a section, to be numbered Section 25- 33.16, which the section reads as follows: 25 -33.16 TOBACCO AND ALCOHOLIC BEVERAGE OUTDOOR BILLBOARD ADVERTISING A. Definitions: For the purposes of this section only, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: 1. Alcoholic beverage. "Alcoholic beverage" shall have the meaning set forth in Section 23004 of the California Business and Professions Code as it exist now or may be amended hereinafter. 2. Tobacco product. `Tobacco product" shall mean any tobacco, cigarette, cigarette papers, other preparation of tobacco or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco products prepared from tobacco. B. Prohibition: No person shall advertise or cause to be advertised any tobacco product or alcoholic beverage on any outdoor billboard advertising sign located within the City of Lynwood. C. Exempt The provisions of this section shall not apply to advertising opposing the use of tobacco products or alcoholic beverages; provided, however, that this paragraph shall not be construed to permit an advertisement promoting the use of any tobacco product or alcoholic beverage by including a message opposing the use of such tobacco product or alcoholic beverage within that advertisement. D. Existing Outdoor Billboard Advertisements: 1. Except as provided in subparagraph 2, this Section shall apply to existing outdoor sign advertisements. 2. Existing outdoor sign advertisements that were placed pursuant to a valid, terminable contract may remain in place for ninety (90) day following the effective date of this Section. Existing outdoor sign advertisements that were placed pursuant to a valid, nonterminable contract may remain in place until expiration of such contract or for one (1) year following the effective date of this Section, which ever is earlier. No person may maintain an existing outdoor sign advertisement in accordance with this paragraph without first providing the City wiih a copy of the contract pursuant to which such outdoor sign advertisement was placed. E. Penalties: Violations of these provisions shall be a misdemeanor. The penalty for violation of this section is set forth in Section 25 -22 of this Code. Section 2. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Lynwood hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence clause or phrase hereof, irrespective of the fact that one or more sections, subsection, subdivision, paragraph, sentence clause or phrase be declared invalid. Section 4. This ordinance shall take effect 30 days after its passage and publication. r PASSED, APPROVED AND ADOPTED THIS 6th da of Jul 1999. Y Y , RICA O SANCHEZ, MAYOR ATTEST: /i 444� - ANDREA L. HOOPER, CIYY CLERK APPROVED AS TO FORM: s o"'e� v z� SHAK K.THEVAV, a CITY ATTORNEY APPROVED AS TO CONTENT: RAC 090. DAVIS, II INTERIM CITY MANAGER Y i STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 1, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1490 on file in my office and that said ordinance was first read at a regular meeting on 15th day of June , 19 99 and adopted on the 6th day of J u 1 v , 19 99 , by the following vote: AYES COUNCILMEMBER BYRD, REA, RICHARDS , SANCHEZ NOES: COUNCILMEMBER REYES ABSENT: NONE City Clerk, City of Lynwood