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ORDINANCE NO. l690
AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION
6439 OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO
SUBSECTIONS (30) AND (3l) PROHIBITING THE DISPLAY OF
CERTAIN MATTER IN NEWS RACKS ON PUBLIC PROPERTY WHICH
EXPOSES SUCH MATTER TO PUBLIC VIEW.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That the Arcadia Municipal Code Section 6439 is
hereby amended by adding thereto the following subsections to read
as follows:
"(30). DISPLAY OF CERTAIN MATTER PROHIBITED. Pub-
lications offered for sale from news racks placed or
maintained on or projecting over the public right-of-way
or street shall not be displayed or exhibited in a manner
which exposes to public view from the public right-of-way
or street any of the following:
(a) Any statements or words describing explicit
sexual acts, sexual organs, or excrement where such
statements or words have as their purpose or effect
sexual arousal, gratification or affront.
(b) Any picture or illustration of genitals, pubic
hair, perineums, anuses, or anal regions of any person
where such picture or illustration has as its purpose
or effect sexual arousal, gratification or affront.
(c) Any picture or illustration depicting explicit
sexual acts where such picture or illustration has as
its purpose or effect sexual arousal, gratification, or
affront.
(d) Subsection (28) of this Section 6439 shall not
apply to this subsection.
(3l). DEFINITION OF EXPLICIT SEXUAL ACTS. "Explicit
sexual acts", as used in this Section 6439, means depictions
of sexual intercourse, oral copulation, anal intercourse,
oral-anal copulations, bestiality, sadism, masochism, or
excretory functions in conjunction with sexual activity,
masturbation, or lewd exhibition of the genitals, whether
any of the above conduct is depicted or described as being
performed alone or between members of the same or opposite
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sex or between humans and animals, or other act of
sexual arousal involving any physical contact with a
person's genital, pubic region, pubic hair, perineum,
anus or anal region."
SECTION 2. No person shall violate any provision, or
fail to comply with any of the requirements of this ordinance.
Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this ordinance shall
be guilty of a misdemeanor. Any person convicted of a misdemeanor
under any provision of this ordinance shall be punishable by a
fine of not more than Five Hundred Dollars, or by imprisonment in
the City Jailor County Jail for a period not exceeding six months,
or by both such fine and imprisonment. Each such person shall be
guilty of a separate offense for each and every day during any
portion of which any violation of any provision of the ordinance
is committed, continued, or permitted by such person and shall be
punishable accordingly.
SECTION 3. In addition to the penalties provided in the
preceding Section, any condition caused or permitted to exist in
violation of any of the provisions of this ordinance shall be
deemed a public nuisance and may be, by the City, summarily abated
as such, and each day such condition continues shall be regarded
as a new and separate offense.
SECTION 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is, for any reason, held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Arcadia hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 5. Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating to
the collection of any such license or penalty or the penal pro-
visions applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof, required
to be posted, filed or deposited pursuant to any ordinance and
all rights and obligations thereunder appertaining shall continue
in full force and effect.
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as affecting any of the provisions of such ordinance relating to
the collection of any such license or penalty or the penal pro-
visions applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof, required
to be posted, filed or deposited pursuant to any ordinance and
all rights and obligations thereunder appertaining shall continue
in full force and effect.
SECTION 6. The Clerk of the Council shall certify to
the passage and adoption of this ordinance and shall cause the
same to be published in the official newspaper of the City of
Arcadia within fifteen (l5) days after its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of
Arcadia at its regular meeting held on theZOth day of November,
1979.
SIGNED AND APPROVED this ZOthday of November, 1979.
~A
ayor of the City
~5d(
of Arc~a
ATTEST:
-~7/cn
City Clerk of the C~ty 0
I HEREBY CERTIFY that the foregoing ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia,
California, held on the ZOthday of November , 1979, by the
affirmative vote of at least three Councilmen, to wit:
AYES: Councilmen Gilb, Parry, Pellegrino, Saelid and Margett
NOES, None
ABSENT: None
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of the City of Arcadia
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l690