ORD-18-90 RELATING TO THE DISPLAY OF MATTER HARMFUL TO MINORSORDINANCE NO. 18-
90 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 9.09 TO
THE ORANGE MUNICIPAL CODE RELATING TO
THE DISPLAY OF MATTER HARMFUL TO
MINORS.WHEREAS, there exists and has existed an increasing
trend toward the display of harmful matter within the meaning of
the California Penal Code Section 313 et seq. at grocery
stores,convenience stores, and other retail outlets within the City
of Orange;
and WHEREAS, this display of sexually explicit material is
often placed within easy access and view where juveniles peruse
them;
and WHEREAS, the City Council of the City of Orange finds
that display of harmful materials in this manner poses a
potential harm to the physical and psychological well being of
children;
and WHEREAS, the City Council finds that it is in the
best interest of the public health, safety, and welfare to
protect children against viewing and access to such harmful matter
which is indiscriminately thrust upon them in public places
by restricting the display of this material by adopting
the following regUlations which will keep the adverse impacts
upon minors from such sexually explicit materials to a
minimum.NOW, THEREFORE, the City Council of the City of Orange
does hereby ordain as
follows:Section
1:Chapter 9.09 is hereby added to the Orange Municipal Code
as
follows:Chapter 9.
09 DISPLAY OF MATTER HARMFUL TO
MINORS
Sections:9.09.
010 9.09.
020 9.09.
030 Purpose of
Chapter.
Definitions.Display of Adult Materials Harmful to
Minors
Prohibited.
Penalties.Forwarding Copy of Ordinance to
Business Handling Harmful
Matter.
Severability.9.09.
040 9.09.
050 9.09.
060
9.09.010 Purpose of Chapter. The purpose of this chapter
is to regulate the manner in which materials harmful to minors
are commercially displayed in retail establishments. The
regulation in content neutral and the least restrictive method to
regulate display of harmful matter materials to minors. The
regulation does not unreasonably restrict the First Amendment
right of adults to such materials, but does insure the protection
of minors health and safety.
9.09.020 Definitions. "Harmful matter" shall mean harmful
matter as defined in California Penal Code section 313(a) (1)(2).
Matter" shall mean as defined in California Penal Code
section 313(b).
Minor" shall mean any natural person under the age of 18
years.
9.09.030 Displav of Materials Harmful to Minors
Prohibited. Except as provided in this section, it shall be
unlawful to display, cause to be displayed, or permit to be
displayed for commercial purposes any harmful matter to a minor
in a public place other than a public place from which minors are
excluded. Harmful matter material is not displayed if it is
located in an area which places such material reasonably beyond
the reach of any minor and a device commonly known as a blinder
rack is placed in front of such harmful matter, so that the lower
two-thirds of the material is not exposed to
view.9.09.040 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.9.09.
050 Harmful
Matter.forwarded to
all harmful
matter"Penal
Code.Forwardinq Copv of Ordinance to Business
Handlinq Upon adoption, a copy of this Ordinance shall
be businesses in the City of Orange who may
handle as defined in section 313 of the
California 9.09.060 Severabilitv. If any sentence, clause or
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 anyone or more sentences, clauses or phrases be
declared unconstitutional or otherwise
invalid.section
II:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall be
posted in the Office of the city Clerk at least five days prior to
the City Council meeting at which this Ordinance is to be adopted.
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the Orange
city News, a newspaper of general circulation, published, and
circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those city Council
members voting for and against the Ordinance in accordance with
Government Code section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 21st day of Auaust 1990.
DON E. SMITH
Mayor of the City of Orange
BY:
ATTEST:
4AA~ Q~
city Cler of tb"'e Q{ty of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF ORANGE)
I, MARILYN J. JENSEN, city Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 14,.h day of All,"ll"" , 1990, and thereafter at a regular
meeting of said City Council duly held on the 21",. day
of A">,""''' , 1990, was duly passed and adopted by the following
vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, BEYER. COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MAYOR SMITH
7J?f~~~
City Clerk f a1ty of Orange
ld 3-Ord. No. 18-