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HomeMy WebLinkAbout1690 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 -1- l690 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. -2- l690 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 :z of the City of Arcadia -3- l690