Ordinance 2725CITY OF ALEDA ORDINANCE NO.
New Series
2725
AMENDING THE ALEDA MUICIPAL CODE BY ADDING
A NEW ARTICLE VI (DISPLAY OF HAFUL MATTER)
SECTION 4-38 (DISPLAY OF HAFUL MATTER IN.
PUBLIC AREAS AN COMMERCIAL ESTABLISHMENTS) TO
CHAPTER IV (OFFENSES AND PUBLIC SAFETY),
THEREOF PERTAINING TO DISPLAY OF HAFUL
MATTER, AND REPEALING ORDINANCE NO. 2723
PERTAINING TO NEWSPAPER AND PERIODICAL VENDING
MACHINES
WHEREAS, the City Council finds that the exposure of
harmful matter in news racks and inside of commercial establishments
to minors is prevalent and that such exposure is detrimental to the
heal th, safety and welfare and
WHEREAS, it is the purpose of this ordinance to exercise
the authority granted to cities pursuant to California Penal Code
section 313.(d) to require any display of harmful matter in
newsracks or in the interior of commercial establishments, other
than places from which minors are excluded , to have blinder racks
over the harmful matter.
NOW , THEREFORE, BE IT ORDAINED by the Council of the City
of Alameda that:
Section 1 The Alameda Municipal Code is hereby
amended by adding a new Section 4-38 (Display of Harmful Matter in
Public Places and Commercial Establishments) to a new Article VI
(Display of Harmful Matter) Chapter IV (Offenses and Public
Safety), thereof to read:
DISPLAY OF HAFUL MATTER IN PUBLIC PLACES AN COMMRCIAL
ESTABLISHMNTS.
38.Defini tions .
As used in this Article:
Adul ts-only area shall mean an area from which minors are
excluded.
Blinder rack shall mean a opaque device, display unit or
other method which completely conceals any harmful matter.
Commercial establishment shall mean the interior of any
place of business open to the public in which minors are permitted.
Harmful matter and matter 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
box, container, 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 coritrolled by a public agency, or any
outdoor private property which is open to the public.
38.Blinder Racks Required.a. No harmful matter shall be displayed in news racks ina public place, other than a public place from which minors are
excluded , unless blinder racks are placed in front of the harmful
matter so that the lower two-thirds of the harmful matter is not
exposed to view.b. No harmful matter shall be displayed in a commercial
establishment, other than in commercial establishments from which
minors are excluded, unless blinder racks are placed in front of
the harmful matter so that the lower two- thirds of the harmful
matter is not exposed to view.
38.Display of Harmful Matter in Commercial Establishments.
Display of harmful matter in commercial establishments
in which minors are permitted is limited to any adults-only area
subj ect to the following conditions:1. The adults -only area shall be clearly posted for
adults only; and
2. No minors shall be permitted to enter the adults-only
area; and
to the
3. The entrance to the
operator or staff of such4. The harmful matteras to be readily visible
adults-only area shall be visible
commercial establishment and
shall not be displayed in such a
from outside of the adults-onlymanner
area.
38.Viola tions .
It shall be unlawful to display harmful matter contrary
to this section.
Section 2 Ordinance No. 2723 is hereby repealed inits entirety. Section 22 -7 of the Alameda Municipal Code shall
remain in full force and effect as if Ordinance No. 2723 was never
adopted.
Section 3 . This ordinance shall be in full force and
effect from and after the expir ion of thirty (30) days from the
date of its final passage.
preS ic.nCil
Ci 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 18th
day of June , 1996 , by the following vote to wit:
AYES:Councilmembers 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 19th day of June , 1996.
Dian
City