Ordinance Number 7032
ORDINANCE NO. 703
PLACEMENT OF ADULT MATERIALS HARMFUL TO MINORS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 22 TO TITLE 5 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO THE
PLACEMENT OF ADULT MATERIALS HARMFUL TO MINORS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 22 is hereby added to Title 5 of the San Juan Capistrano Municipal
Code to read as follows:
CHAPTER 22
DISPLAY OF ADULT MATERIALS HARMFUL TO MINORS
Section 5-22.01 Legislative Finding and Authorization.
The City Council finds that there exists and has existed an increasing trend
toward the display of harmful matter within the meaning of California Penal Code
Section 313 et seq. at grocery stores, convenience stores, drugstores, video rental outlets
and other retail stores within the City of San Juan Capistrano. Said material is often
displayed within the open view of minors and is easily accessible to them. The City
Council finds that this material is adverse to the public peace, morals and good order of
minors. The Council further finds that it is in the best interest of the public safety,
welfare and convenience of the City to restrict the display of said material and to adopt
the following regulations so that adverse impacts upon minors are mitigated.
Section 5-22.02 Display of Adult Materials Harmful to Minors.
The display of material which is harmful to minors, as defined in Chapter 7.6
of Title 9 of the California Penal Code, (Section 313 et seq. thereof) in a public place,
other than a public place from which minors are excluded, is prohibited unless a device
commonly known as a blinder rack is placed in front of such material, so that the lower
two-thirds of the material is not exposed to view.
Section 5-22.03 Penalties.
Every day that this Chapter is violated shall be a separate violation of this
chapter. Every violation of this Chapter shall be punishable as a misdemeanor.
SECTION 2. Forwarding Copy of Ordinance to Businesses
Handling Harmful Matter.
Upon adoption, a copy of this Ordinance shall be forwarded to all businesses in
the City of San Juan Capistrano who may handle "harmful matter" as defined in Section
313 of the California Penal Code.
SECTION 3. Severability.
If any sentence, clause of phrase of this Ordinance is for any reason held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would
have passed this Ordinance and each sentence, clause and phrase thereof irrespective of
the fact that any one or more sentences, clauses or phrases be declared unconstitutional
or otherwise invalid.
passage.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 19 day of May
1992.
ATTEST:
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CITY / /
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MAYOR
F ,F
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, ISO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 703 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on Aprfollowing
21 , 1992, and adopted at
a meeting held on May 19, 1992, by the lowing vote:
AYES: Councilmen Friess, Hausdorfer. Harris,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS9N, CITY CLERK
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