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.
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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