HomeMy WebLinkAboutOrdinance 1698 (Restrict Display Harmful to Minors)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of
the Council of said City, do hereby certify that the foregoing Charter Ordinance
No. 1698 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 8.36 TO THE SAN RAFAEL MUNICIPAL CODE, RESTRICTING THE
DISPLAY OF MATERIAL HARMFUL TO MINORS"
is a true and correct copy of an ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 3rd day
of JUNE, 1996, published as required by City Charter in the MARIN INDEPENDENT.
JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as
an ordinance of said City at a REGULAR meeting of the City Council of said City held
on the 17th day of JUNE, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
18th day of JUNE, 1996.
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JEANNE M. LEONCIN , City Clerk
ORDINANCE NO. 1698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ADDING CHAPTER 8.36 TO THE SAN
RAFAEL MUNICIPAL CODE, RESTRICTING THE DISPLAY
OF MATERIAL HARMFUL TO MINORS
WHEREAS, Penal Code Section 313.1 permits cities to adopt
ordinances which restrict the display in public places of material
that is harmful to minors as defined in Penal Code Section 313;
WHEREAS, the City Council has determined that the public
health, safety and welfare require that such harmful material be so
restricted in public places within the City of San Rafael.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 8.36, entitled "DISPLAY OF MATERIALS HARMFUL TO
MINORS" is hereby adopted and added to Title 8 of the Municipal
Code of the City of San Rafael, to read as follows:
CHAPTER 8.36
DISPLAY OF MATERIALS HARMFUL TO MINORS
sections:
8.36.010. Materials Harmful to Minors.
8.36.020. Penalty for Violations
8.36.030. Violation a Public Nuisance Subject to Injunction.
Section 8.36.010 -- Materials Harmful to Minors.
A. No material which is harmful to minors, as defined in
Section 313 of the Penal Code, shall be displayed in a public
place, other than a public place from which minors are excluded,
unless blinder racks are placed in front of the material so that
the lower two-thirds (2/3) of the material is not exposed to view.
B. For the purposes of this section, "blinder rack" shall
mean any opaque material placed in front of the harmful matter
which material prevents exposure to view.
Section 8.36.020. -- Penalty for Violations.
Any person, firm, or corporation, whether as principal, agent,
employee, or otherwise, violating Section 8.36.010, shall be guilty
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of a public offense, punishable as provided in Section 2.37.010.
Each day of such a violation shall be deemed a separate offense.
Section 8.36.030. -- Violation a Public Nuisance Subject to
Injunction.
The violation of Section 8.36.010 shall be deemed a public
nuisance, against which the City may seek an injunction in a court
of competent jurisdiction, and the recovery of such costs and fees
of litigation as are permitted by law.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this Ordi-
nance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published once in full before its
final passage in a newspaper of general circulation, published, and
circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
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Attest:
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JUhNNE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1698 was read and introduced at a
Regular Meeting of the City Council of the City of San Rafael, held
on the 3rd day of JUNE
, 1996, and ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular Meeting of the Council to be held on the
17th day of JUNE , 1996.
J -NE M. LEONCI I, City Cerk
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