Ordinance No. 622 - Blinder Racks for NewsracksNO. 622
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD REQUIRING
THE USE OF "BLINDER RACKS" IN NEWSR
DISPLAYING MATERIAL THAT IS HARMFUL
TO MINORS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council finds, determines and
declares:
A. The State Legislature, in the last legislative
session, enacted AB 711, which expanded the powers of local
government in combating pornography on the streets; and
B. The City Council wishes to implement this
legislation by the adoption of this Ordinance.
Section 2. New section 6808 is hereby added to the
Rosemead Municipal Code to read as follows:,
6808. Use of Blinder Racks; Matter Harmful to
Minors.
Newsracks, which contain material which
meets state law definition of "harmful
matter" shall utilize blinder racks to
obliterate the lower two-thirds of the
material so that it is not exposed, to
view, when such newsracks are located in
public places, which do not exclude
minors.
"Harmful matter", as defined in section
313 of the Penal Code of the State of
California, means matter taken as a
whole, the predominant appeal of which to
the average person, applying contemporary
statewide standards, is to prurient
• interest, meaning shameful or morbid
interest in nudity, sex, or excretion,
and-is patently offensive to the
prevailing standards in the adult
community as a whole with respect to what
is suitable material for minors, and
lacks significant literary, artistic,
political, educational, or scientific
value for minors.
Section 3. Violation of this ordinance is a misdemeanor
and is punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment in the County Jail for
a period of not more than six (6) months or by both such fine
and imprisonment. Each day during any portion of which any
violation of any provision of this ordinance is committed,
continued or permitted, constitutes a separate offense.
Section 4. The City Clerk shall certify to the adoption
of this ordinance and shall cause the same to be processed
according to law.
PASSED, APPROVED and ADOPTED this 23rd day of February,
1988.
MAYOR
ATTEST:
CITY CLERK
J
2