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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. *-%A 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 1 j . P. 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. {/ / `"LSI LBEr a ORO , Mdyor Attest: hi. 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 2 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 3