HomeMy WebLinkAbout90-25 CC OrdinanceORDINANCE NO. 90-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE PLACEMENT OF
MATTER HARMFUL TO MINORS.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.10 is hereby added to the Temecula Municipal Code
to read as follows:
CHAPTER 11.10
DISPLAY OF ADULT MATERIALS HARMFUL TO MINORS
11.10.010. Legislative Finding and Authorization.
The City Council does find that there exists and has existed an increasing trend
toward the display of harmful matter within the meaning of California Penal Code
Section 313 et seq. at grocery stores, convenience stores, drugstores, and other retail
outlets within the City of Temecula. Said material is often displayed within the open
view of children of tender years and is easily accessible to them. The City Council
finds that this material is adverse to the public peace, morals and good order of young
children. The Council further finds that it is in the best interest of the public safety,
welfare and convenience of the City to restrict the display of said material and to
adopt the following regulations so that adverse impacts upon young children are kept
to a minimum.
11.10.020. Display of Adult Materials Harmful To Minors.
The display of material which is harmful to minors, as defined in Chapter 7.6
of Title 9 of the California Penal Code, (Section 313 et seq. thereof) in a public
place, other than a public place from which minors are excluded, is prohibited unless
a device commonly known as a blinder rack is placed in front of such material, so
that the lower two-thirds of the material is not exposed to view.
11.10.030. Penalties
ORDS 90-25 I
Every day that this Chapter is violated shall be a separate violation of this
Chapter. Every violation of this Chapter shall be punishable as a misdemeanor."
SECTION 2. Forwarding Copy Of Ordinance To Businesses Handling
Harmful Matter.
Upon adoption, a copy of this Ordinance shall be forwarded to all businesses
in the City of Temecula who may handle "harmful matter" as defined in Section 313
of the California Penal Code.
SECTION 3. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be
invalid, such decision shall not affect the validity of the remaining parts of this
Ordinance.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be posted as required by law.
SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force and
effect thirty (30) days after its passage. The City Clerk shall certify to the adoption
of this Ordinance and cause copies of this Ordinance to be posted in three designated
posting places.
PASSED, APPROVED AND ADOPTED this 4th day of December, 1990.
Ron Parks, Mayor
AT'rEST:
[SEAL]
Depu}y~
ORDS 90-25 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek Deputy City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 90-25 was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the 27th day of November, 1990,
and that thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the 4th day of December, 1990, by the following vote, to wit:
AYES: 4
COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1
COUNCILMEMBERS: Mufioz
Juhe_.,g&Greek, Deputy City-Clerk
ORDS 90-25 3