Loading...
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