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Ordinance - 2131ORDINANCE NO. 2131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE XII REGULATING THE DISPLAY IN PUBLIC PLACES OF MATERIAL WHICH IS . HARMFUL TO MINORS WHEREAS, the City Council of the City of West Covina finds and declares that there has been an increase in the display of harmful material at grocery stores, convenience stores, drug stores and other retail outlets within the City of West Covina; and WHEREAS, the City Council of the City of West Covina further finds and declares that this harmful matter is often displayed in easy view of, and readily accessible to, minors; and WHEREAS, with limited exceptions, the Legislature has preempted local regulation of the sale or display of harmful matters to minors; and WHEREAS, the Legislature has authorized cities to adopt an ordinance prohibiting the display of material which is harmful to minors in a public place, except areas from which minors are excluded, unless the material is covered by devices commonly known as blinder racks; and WHEREAS, this ordinance reflects the full extent of the authority given to the City of West Covina by the State relative to the regulation of harmful matter, and is a reasonable regulation on the time, place and manner in which harmful matter may be displayed. NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as follows: SECTION 15-400. Definitions. The following definitions apply to this Article: "Harmful matter" shall be defined as specified in California Penal Code section 313(a); "Matter" shall be defined as specified in California Penal Code section 313(b); "Person" shall mean any individual, partnership, firm, association, corporation, limited liability company, or other legal entity; "Knowingly" shall mean being aware of the character of the matter; "Exhibit" shall mean to show or display to members of the public; "Minor" shall mean any natural person under eighteen (18) years of age. SECTION 15-401. Prohibition. a. No person shall knowingly exhibit harmful matter in any public place unless blinder racks or covers have been placed in front of the matter, so that the lower two- thirds of the matter is not exposed to public view. is b. The provisions of this section shall not apply to display of harmful matter in any public place from which minors are excluded. Ord. No. 2131 April 19, 2005 • SECTION 15-402. Enforcement. a. Any violation of this Article shall be punishable as a misdemeanor in accordance with the provisions of Article I, section 1-37 of the West Covina Municipal Code. b. In addition, the City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any condition found to be in violation of this section. SECTION 15-403. 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 West Covina who may handle "harmful matter" as defined in section 15-400 of this Article. SECTION 15-404. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED on this 19'h day of April 2005. y r Shelley Sanderson ATTEST: ZL, - ", I 'act City Clerk Laurie =co J? I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5ch day of April 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`h day of April 2005, by the following vote: AYES: Herfert, Hernandez, Miller, NOES: None ABSENT: None ABSTAIN: None 9 APPROVED AS TO FORM: f N' - City Attorney nold Alvarez-Glasman Wong, Sanderson yV,,,y4,4 il, , .4 City Clerk Labrie Carrico ti Office of the City Clerk June 7, 2005 ((Company)) aAddressl» West Covina, California ((PostalCode)) Re: Ordinance No. 2131 Regulating the Display in Public Places of Material which is Harmful to Minors Dear West Covina Business: The enclosed Ordinance was adopted by the City Council of the City of West Covina, California, on April 19, 2005. Ordinance No. 2131 became effective May 19, 2005, and regulates the display in public places of material which is harmful to minors. Sincerely, Sue Rush, Assistant City Clerk Enc: Ordinance No. 2131 1444 West Garvey Avenue South • West Covina, CA 91790 Telephone (626) 939-8433 • Facsimile (626) 939-8682 • Company 7-Eleven Rhea's Quick Stop Mini Mart Seafood City Supermarket Stater Bros Markets Food 4 Less 7-Eleven Claro's Italian Market, Inc Marukai Market Hong Kong Supermarket D Sol Drive Thm Market R K Mini Mart, Inc 7-Eleven Super Market Max Foods Albertsons Vons Grocery Co Stater Bros Market Spencer Gifts Tower Records Longs Drugs Longs Drugs Chantry's Pantry Liquor Rite Aid Island Pacific Supermarket Hop Fong Market Grand Creek Liquor Liquor Plus The Bookmarket Barnes & Noble Booksellers A Great Read Roxie's Book Nook Evergreen Books Of West Covina Big Bob's Liquor Store Haig's Liquor B & B Food Market Stone Liquor Good Neighbor Liquor Market Circle A Liquor Jug & Jigger Leprechaun Liquor Royal Freeway Liquor Ranch Town Market Jerry's House Of Spirit Pacific Liquor Keg Liquor 777 Liquor Market Addressl 2887 East Valley Boulevard 1555 East Amax Road, #A 1525 East Amax Road 375 North Azusa Avenue 615 North Azusa Avenue 1347 South Azusa Avenue, #A 322 South Glendora Avenue 1420 South Azusa Avenue 987 South Glendora Avenue 310 South Vincent Avenue, #F 605 East Francisquito Avenue 1319 West Merced Avenue 551 East Francisquito Avenue 1320 West Francisquito Avenue 2630 East Workman Avenue 777 South Glendora Avenue 1025 East Amax Road 733 Plaza Drive 1205 Plaza Drive 2700 East Workman Avenue 727 South Glendora Avenue 1005 East Amax Road 1528 East Amar Road 1512 East Amar Road 1222 West Francisquito Avenue 100 North Grand Avenue 1535 East Amar Road 1036 West West Covina Parkway 960 Lakes Drive 154 South Glendora Avenue 1921 West Badillo Street 989 South Glendora Avenue, #10 1413 West Puente Avenue 1230 West Francisquito Avenue 1131 South Glendora Avenue 1211 South Glendora Avenue 430 North Azusa Avenue 172 South Glendora Avenue 2650 East Garvey Avenue 334 North Azusa Avenue 130 North Vincent Avenue 522 East Vine Avenue 944 West West Covina Parkway 2017 West Pacific Avenue 1915 West San Bernardino Road 2530 East Workman Avenue PostalCode 91792 91792 91792 91791 91791 91791 91790 91791 91790 91790 91790 91790 91790 91790 91791 91790 91792 91790 91790 91791 91790 91792 91792 91792 91790 91791 91790 91790 91790 91790 91790 91790 91790 91790 91790 91790 91791 91790 91791 91791 91790 91790 91790 91790 91790 91791