Ordinance 2723CITY OF ALEDA ORDINANCE NO.
New Series
2723
AMENDING THE ALEDA MUICIPAL CODE BY AMENDING SECTION
22 -(NEWSPAPER AND PERIODICAL VENDING MACHINES), ARTICLEI, (STREETS) OF CHAPTER XXII (STREETS AND SIDEWALKS),REQUIRING BLINDER RACKS AN AMENDING SUBSECTION 1-
(DEFINITIONS) OF CHAPTER I (GENERA)
WHEREAS, there is a proliferation of news racks in the City of
Alameda which display material which is harmful to children and
which are readily accessible by children; and
WHEREAS, the open display of harmful material invites children
to purchase such material; and
WHEREAS, the fact that the machines may be locked is not a
deterrent to access by children; and
WHEREpS, the City of Alameda has received complaints and manycitizens have expressed concerns about the display of such
material; and
WHEREAS , Penal Code section 313.(d) permits cities to adopt
ordinances which require the displayer of harmful matter to minors
to place a blinder in front of such material; and
WHEREAS, such blinder ordinances have been declared
constitutional by the Court of Appeals in Berrv v. Santa Barbaraand
WHEREAS, the public interest requires the adoption of an
ordinance requiring a blinder over the front of material which is
harmful to minors and which is in public places, and from which
minors are not excluded.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1 The Alameda Municipal Code is hereby amended by
renumbering existing subsection 22-1 (Prohibition) of section 22-
7 (Newspaper and Periodical Vending Machines), Article I (Streets),Chapter XXI I (Streets and Sidewalks), to subsection 22 -
Section 2 The Alameda Municipal Code is hereby amended by
adding a new subsection 22-(Definitions) to section 22-
Newspaper and periodical Vending Machines), Article (Streets),
Chapter XXII (Streets and Sidewalks), thereof to read:
22.Defini tions.
For purposes of this Chapter, the following words and
are defined and given the meaning as set out in this
unless it is apparent from the context that a different
is intended:
phrasessection
meaning
Harmful matters shall mean and is defined as in California
Penal Code section 313, as said section now exists or may from time
to time be amended.
Minor shall mean any natural person under 18 years of age.
Newsrack shall mean any self -service or coin-operated boxcontainer, storage unit, or other dispenser installed, used or
maintained for the display and sale or distribution of newspapers,
periodicals or other publications.
Public place shall mean and includes any public right-of-way
or property owned or controlled by a public agency, or any outdoor
private property which is open to the public.
Section 3 The Alameda Municipal Code is hereby amended by
renumbering existing subsection 22-3 (Abatement of Violations) of
section 22 -7 (Newspaper and Periodical Vending Machines), Article(Streets), Chapter XXII (Streets and Sidewalks), to subsection
22 -and existing subsection 22 -(Liability Coverage) to
subsection 22 -
Section 4 The Alameda Municipal Code is hereby amended by
adding a new subsection 22-3 (Blinder Racks Required) to section
22-(Newspaper and periodical Vending Machines), Article
(Streets), Chapter XXII (Streets and Sidewalks), thereof to read:
22-Blinder Racks Required.
Newsracks located in public places, other than places from
which minors are excluded, and which display to the public view
harmful matter shall be equipped with devices commonly known as
blinder racks in front of the material so that the lower two-thirds
of the material is not exposed to public view.
Section 5 The Alameda Municipal Code is hereby amended by
adding a new section 22 -6 (Violation) to section 22 -7 (Newspaper
and Periodical Vending Machines) , Article I (Streets), Chapter XXII
(Streets and Sidewalks), thereof to read:
22 -6 Violation.
It shall be unlawful to place, install, or maintain any
news rack or any material in a newsrack in a manner contrary to this
subsection.
Section 6 The Alameda Municipal Code is hereby amended by
amending section 1-2 (Definitions) of Chapter I (General), thereof
to read;
Person shall include, but not be limited to, an individual,
partnership, association , joint venture, limited liability company,
corporation , trust or other organization or legal entity of any
nature, or any combination thereof.
Section 7 This ordinance shall be i full force and effect
from and after the expiration of thirty (3 0) days from the date of
its final passage.
Attest:
;&iw
Cl ty Clerk
I, the undersigned hereby certify that the foregoing
Ordinance was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the
7th
day of Mav , 1996, by the following vote to wit:
AYES:Council members Arnerich, DeWitt, Lucas,
Mannix and President Appezzato -
NOES:None.
ABSENT:None.
ABSENTENTIONS:None.
IN WITNESS, WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this 8th day of May , 1996.
Ci ty of Alameda