HomeMy WebLinkAboutNS-1175ORDINANCE NS-1175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADDING SECTION 10-150 TO THE SANTA
ANA MUNICIPAL CODE PERTAINING TO THE SALE OF
NEWSPAPERS ON THE PUBLIC RIGHT-OF-WAY.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section to be numbered 10-150 which said
section reads as follows:
Sec. 10-150. SALE OF NEWSPAPERS ON THE PUBLIC RIGHT-
OF-WAY.
(a) No newspaper or similar publication which is pro-
hibited by the laws of the state from sale or distribution to
minors may be offered for sale to the public unless such offer
of sale is made or maintained in the presence of an attendant
with the ability to prevent the purchase of such newspaper or
similar publication by a minor.
(b) No newspaper or similar publication may be offered
for sale to the public on any public right-of-way by means of
any mechanical sales device in such a manner as to expose to
the public view any photograph or drawing contained within
such newspaper or similar publication displaying any of the
following: (1) the genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic hair region of any per-
son, other than a child under the age of puberty;
(2) any portion of the breast, at or below the areola thereof,
of any female person, other than a child under the age of
puberty.
(c) Every person is guilty of a misdemeanor who causes,
permits, procures, counsels or assists in an offer of sale of
any newspaper or similar publication in violation of this sec-
tion.
(d) Any newspaper or similar publication offered for
sale in violation of this section constitutes a public nui-
sance.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sen-
tence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, clauses, phrases
or portions be declared invalid or unconstitutional.
SECTION 3: The Clerk of the Council shall certify to the
passage o---f~his ordinance and cause the same to be published
in some daily newspaper printed and published in the City of
Santa Ana.
SECTION 4: This Ordinance
days from and after the date of
shall take effect thirty
its adoption.
(30)
Ordinance NS-l175
Page 2
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 2 day of
July , 1973.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA AIWA )
I, FLORENCE I. MALONE, do hereby certify that I am
the Clerk of the Council of the City of Santa Ana; that
the foregoing Ordinance was introduced to said Council at
its regular meeting held on the 25 day of
June , 1973 and was again considered by
said Council at its meeting held on the 2 day of
July , 1973, and was at said meeting passed and
adopted by the following vote, to wit:
AYES,
NOES,
COUNCILMEN: Yarnarnolo, Grisel, Markel,
Ward
COUNCILMEN: Patterson, Evans
Garthe,
ABSENT,
COUNCILMEN: None
CLERK OF THE
APPROVED AS TO F~RM: ~
AM~ A. WITHERS, CITY ATTORNEY