Atascadero Municipal Code Ch. 11 Regulation of Newsracks

The intent and purpose of this chapter is to promote the public peace, morals, health, safety and general welfare by regulating the placement and appearance of newsracks so as to protect against the dangers of the public dissemination and/or display of harmful or offensive matters to minors.

The City Council finds and determines that the strong and competing interests of the public and of newspapers require a reasonable accommodation which can only satisfactorily be achieved through the means of this chapter which is designed to accommodate such interest by regulating the time, place and manner of using newsracks. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any newspapers.

(Ord. 321 § 1, 1997)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

"Newsrack"

means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or new periodicals.

"Person"

means any individual, company, corporation, association, business or other legal entity.

(Ord. 321 § 2, 1997)

(a) No person shall knowingly display to public view in any newsrack or other display device, any material which is defined by Penal Code Section 313 et seq., as harmful to minors, photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is:

(1) Displayed in an area from which minors are excluded; or

(2) Covered by a device, commonly known as a "blinder rack," such that the lower 2/3 of the material is not exposed to view.

(b) A person commits the offense of disseminating harmful materials to minors, as defined under Section 313 et seq., of the Penal Code, if, with or without consideration and knowing the character or content of the material, he or she knowingly:

(1) Sells, furnishes, presents, or distributes to a minor material that is harmful to minors, without consent of a parent or guardian; or

(2) Allows a minor to review or peruse material that is harmful to minors without consent of parent or guardian.

(Ord. 321 § 3, 1997)

(a) The provisions of Section 5-11.01 of this chapter shall apply to all newsracks whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted herein shall be brought into compliance with said provisions within 30 days of the effective date thereof.

(b) Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this section.

(c) Penalty. Any person violating any of the provisions of this section shall be guilty of an infraction, and upon conviction thereof, shall be subject to a fine not to exceed $50 for first violation; a fine not exceeding $100 for a second violation of the same section within one year; a fine not exceeding $200 for each additional violation of the same section within one year. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 321 § 4, 1997)