The URL can be used to link to this page

Home My WebLink About342120, ORDINANCE NO. 342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE IRWINDALE CITY CODE BY ADDING CHAPTER 8 TO ARTICLE IV DEALING WITH THE DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS The City Council of the City of Irwindale does ordain as follows: SECTION 1. Chapter 8 is hereby added to Article IV of the Irwindale City Code to read as follows: CHAPTER 8 DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS Section 4800. Definitions. For the purposes of this Chapter the _f_o_17f-owin-g-w"o--rU`s-a-n7 phrases shall have the meanings as ascribed to them by this section: Person: Means any individual, partnership, firm, association, corporation, or legal entity. Commercial Purpose: Means and includes, displaying, advertising, or attracting for the purpose of merchandising or selling. Harmful Matter: The term or meaning of the term "harmful matter to minors" as defined by State lae, has no applicability to this Chapter. Section 4801. Sealing of Materials. No person shall for commercial purposes knowlingly, display, cause to be displayed or permit to be displayed in any business at any time open to minors (unless accompanied by a parent or guardian) any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anotomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person in this community such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book, magazine, or other publication or matter is sealed in a plastic wrapper, is stapled closed, or is by any other means sealed in such a manner as to reason- ably restrict and deter its being opened prior to sale, shereby such photograph or pictorial representation may become exposed to the view of any minor. Section 4802. Exemption to Sealing. As a defined by this Chapter in Section .l, any book, magazine, or other publica- tion or matter need not be wrapped, stapled closed or sealed when.displayed from an area which places such as book,, magazine, or other publication or matter reasonably beyond the reach of any minor, provided that no -such book, magazine or other publication or matter depicts any photo raph or pictorial representation, as defined in Section 4901,.on its cover or elsewhere, whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor in which case, such photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this Chapter. 1.21 Ordinance No. 342 Also exempted shall be any publication classified as a newspater containing at least 40% of its columnar inches devoted to news, current events and public commentaries, (and capable of being entered as a second class matter in the U.S. Post Office) with a bona fide subscription list of at least 1% of the population of this City. Further exempted shall be materials in public libraries and in a bona fide theatrical productions. Section 4803. Posting of signs. Any business, in which, for commercial purposes, there is displayed any book, magazine, or other publication or matter which depicts any photogra h or pictorial representation as defined by Section 401 of this Chapter and which is not wrapped, stapled closed, sealed or covered as required by Sections 4801 and 4802 of this Chapter, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read: Notice, this business displays sexually explicit materials. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Irwindale Municipal Code Chapter 8, Article IV." Said sign shall be not less than two (2) inches in height. Section 4804..Minor need not view or gain control of.material. To commit a violation of Sectio or 4802 of this Chapter it is not required that a minor have acturally viewed or physically gained control of any book, magazine or other publication or matter as defined by Section 4801 or 4802 of this Chapter, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by Section 4801 or 4802 of this Chapter. Section 4805. Defense in prosecution. It shall be a defense in any prosecution for any violation of this Capter that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance or contemporary Los Angeles County -wide reputation would not cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 4801. It may also be evidence of a violation of this Chapter in any such prosecution that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance, or.contemporary county -wide reputation would cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 4801. Section 4806. Exemption of parent or guardian. Nothing in this Chapter shall prohibit any parent or guardian from having his child or ward accompany him into any business otherwise in violation of any of the provisions of this Chapter,.., Stiction 4807. Persons exempt. The provisions of this Chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication or matter as defined in Sections 4801.or 4802, shall apply only to persons having proprietary interest in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any -of the provisions of this Chapter. 22 Ordinance No. 342 Section 4808. Exemption of businessperson Nothing in this Chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine, or other publication or matter which depicts any photograph or pictorial representation as defined in Section 4801 provided that the minor is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who when not accompanied by a parent or guardian, presented false documenta- tion of being at least 18 years of age, when to the average and prudent person such documentation would appear legitimate. Section 4809. Penalties, prior convictions. Every person who violates any provision of this Ordinance is guilty of an infraction.. Every person who having been twice convicted for any violation of this Ordinance, is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), or thirty {30) days, or boths.pr.ovided that both of the prior violations occurred within two (2) years period of the subsequent violation. Section 4810. Public Nuisance. Any violation of this Chapter is hereby declared to be a public nuisance which may be abated as provided by law in addition to any infraction of misdemeanor offenses. Section 4811. Effective date. This Chapter shall become immediately effective and shall apply to existing as well as new businesses. SECTION 2. Sever lit Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby sub -section, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsetions, sentences, clauses, or phrases be declared illegal, invalid or unconstitu- tional. The invalidity of any portion of this Ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required by the Grantee of any franchise granted here- under. Section 3. .This Ordinance shall take effect immediately after its adoption, shall be certified as to its adoption by the City Clerk, andshall be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Irwindale this 26th day of June, 1980. City of ATTEST: Marg S. Barbosa, City Clerk Cit�et f Irwindale indale Ordinance No. 342 I hereby certify that the foregoing Ordinance No. 342 was adopted by the City Council of the City of Irwindale at a regular meeting held on the 26th day of June, 1980, by the following vote of the City Council: AYES: COUNCILMEN: Barbosa, Castellanos, Tapia, Pat Miranda and Mayor Michael Miranda NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Mar ret S. Barbosa, City Clerk City of Irwindale 123