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4081FOLLOWS: ORDINANCE NO. 4081 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.969 TITLE 4, TO THE ANAHEIM MUNICIPAL CODE RELATING TO THE DISPLAY OF ADULT READING MATERIAL. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 4.96 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: "CHAPTER 4.96 ADULT READING MATERIAL SECTION 4.96.010 LEGISLATIVE FINDINGS AND AUTHORIZATION The City Council does' find that there exists and has existed an increasing trend to- ward the display of adult reading material at grocery stores, convenience stores, drug stores, and other retail outlets within the City'of Anaheim. Said adult reading material is often displayed within the open view of children of tender years and is easily acces- sible to them. The City Council finds that this material -is adverse to the public peace, morals and good order of young children. 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 adult reading material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum. SECTION 4.96.020 DEFINITIONS As used in this Chapter, the follow- ing words and phr ses shall have the following meaning: (a) 'Adult Reading Material' means any magazine or newspaper which contains on the cover any photograph, picture, drawing or depiction of any of the following: -1- (1) The complete exposure of the entire nipple area or entire areola area of any female breast or breasts except those of infants; and (2) The complete exposure of the entire genitalia or buttocks of either male or females, except those of infants. This definition of 'adult reading material' does'not include any art or photography publication which devotes at least twenty-five per- cent (25%) of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography. Nor does this definition apply to any news periodical which reports -or describes cur- rent .events and which, from time to time, publishes photographs of nude or semi-nude persons in connec- tion with dissemination of the news. Nor does this definition apply to -publications which describe and report -on different cultures, and which may, from time to time, publish photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi -nudity is indigenous to the population. The City Council finds that medical publications or bona fide educational publications do not usually publish'on their covers any photograph or depiction which is included in the definition of adult reading material and that, -therefore, it is not necessary to define this type of publication. (b) 'Person' means any individual, part- nership, firm, association, corporation, or other legal entity. (c) 'Display' means the exhibiting within the open view of patrons invitees or other per- sons of adult reading material for sale. 'Display' shall include the exhibiting of adult reading material from news racks or newspaper vending stands. SECTION 4.96.030 DISPLAY OF ADULT READING MATERIAL LIMITED No person shall display adult read - Ing material, or permit or allow the display of adult reading material, except as follows: The shelf, rack, stand'or ledge upon which adult reading material is displayed shall have an opaque screen or border of sufficient height so that only the top two (2). inches of any adult reading material is visible. -2-. SECTION 4.96.04.0 EXCEPTIONS Section 4.96.030 shall not .apply to any establishment or portion thereof where, in fact, the entry of any person under eighteen (18) years of age is prohibited and which has notice posted accordingly. SECTION 4.96.05.0 PUBLIC NUISANCE In addition to the criminal penalty provisions provided by the Anaheim Municipal Code, vio- lation of any section or sections of this Chapter is declared to be a public nuisance, and may be abated by the City Attorney." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by she City Council of the City of Anaheim this 27th day of November, 1979. ATTEST: CLERK 0 T CITY OF ANAH 4 IM FAL,JR:fm -3- MAYOR OF THE CITY F ANAHEIM Rr.:—W w.. STATE OF CALIFORNIA. ) COUNTY. -OF ORANGE ) as. CITY OF ANAHEIM ) I, LINDA.D. ROBERTS,'City.Clerk of' -the' -City -of Anaheim, do.hereby:.certify that the'foregoin.g-Ordinance:No..'4081•was introduced'..at a.regular.meeting of the' City. Council of ' the' City of ' Anaheim, -.held-.on'. the'. 20th: day ,of ' November; 1979, and that the'same was.duly-passed'and..adopied'.at a.regular meeting of said City Council held on'the'27th day.of'November; 1979, by.the'following vote -of the -members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth -and Overholt NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY ..that . the'. Mayor - Pro -Tem'.-of . the' City -of ' Anaheim. signed' said Ordinance . No:. � 4081..on'. the'. 27th day ..of November; 1979. IN WITNESS WHEREOF, I have.hereunto-.. set' 'my-hand-and;affixed..the'..official seal of'.the'City-.of'Anaheim this.27th-.day of'..November; 1979...' CITY" ERK.OF'.THE' TY'.OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4081 and was published once in the Anaheim Bulletin on the 7th day of December, 1979.