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HomeMy WebLinkAboutOrdinance No. 98-O180 ORDINANCE NO. g s _ Ol g 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY ADDING ARTICLE III DIVISION 1, OF CHAPTER 6 TO RESTRICT OUTDOOR ADVERTISING OF ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND CERTAIN ADULT TELEPHONE MESSAGES WHEREAS, local agencies are becoming targeted in the marketing of alcoholic beverages and tobacco products; and WHEREAS, local agencies are becoming increasingly aware that minors are being subjected to the adult entertainment industry by outdoor advertising; and WHEREAS, the Los Angeles County Board of Supervisors has recognized the danger that such advertising presents in influencing minors and has recently adopted ordinances prohibiting outdoor advertising of alcoholic beverages, tobacco products and certain adult telephone messages in residential areas, near parks and schools, and in other inappropriate areas in the unincorporated areas of Los Angeles County; and WHEREAS, the City is aware that minors are exposed to outdoor advertising by simply walking to school or playing in their neighborhood and that such advertising threatens the public health, safety and welfare of minors; and WHEREAS, on August 17,1998, the City Council has directed the City Attorney to prepare and ordinance to amend the Azusa Municipal Code by adding Article III, Division 1 of Chapter 6. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Article III, Division 1 of Chapter 6 of the Azusa Municipal Code is hereby added to read as follows: "ARTICLE III Restrictions on Outdoor Advertising of Alcohol, Tobacco Products and Adult Telephone messages" DIVISION 1. OUTDOOR ADVERTISING OF ALCOHOL, TOBACCO PRODUCTS AND ADULT TELEPHONE MESSAGES Sec. 6-58. Definitions. The following words terms and phrases, when uses in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (a) "School' shall include any elementary or secondary school, public or private, attendance at which satisfies the compulsory education laws of the State. Page -1- 0 . (b) "Park" shall mean any park, playground or grounds under control, direction or management of a public entity. (c) "Recreational Facility" shall mean any recreational center or facility under control, direction or management of a public entity. (d) "Youth Center" shall mean any designated indoor public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide on a regular basis, activities or services for persons who have not yet reached the age of eighteen years, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, tutorial or other educational assistance or music, art dance, and other recreational or cultural activities, physical fitness activities and sports programs. (e) "Church" shall mean a development maintained and used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith. (f) "Child care center" shall mean a facility, other than a family day care home, in which less than 24 hour -per -day non-medical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the State of California. For purposes of this subsection, "child care center" shall not include such a facility when it is appurtenant and clearly subordinate to a commercial or industrial activity, established on the same lot or parcel, and operated for the children of the employees of the commercial or industrial activity. (g) "Alcoholic beverage" shall mean any beverage in liquid form that contains not less than one-half percent of alcohol by volume and is intended for human consumption. (h) "Tobacco product' shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco. See. 6-59. Regulations (a) No person shall place or cause to be placed any advertisement for alcoholic beverages, cigarette or tobacco products or any advertisement for live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code, on any outdoor advertising signs located 300 feet of the premises of any residential unit, or 1,000 feet from any school, park, playground or recreational facility, youth center, child care center, entertainment park or church. (b) This section 6-59 shall not apply to outdoor advertising signs located on property adjacent to and designed to be viewed primarily by, persons traveling on a freeway. Page -2- 0 • (c) The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising to the nearest point of a use or zone listed above. Sec. 6-60. Enforcement. (a) This section shall be administered and enforced by the Community Development Department. The Department shall create and update a detailed map of the City, showing the location and boundaries of all schools, parks, playground, recreational centers and facilities, youth centers, child care centers, entertainment parks and church, and the corresponding 1000 -foot radii within which the advertising of alcohol, tobacco products and adult telephone messages is prohibited. Nothing contained in this section shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to the Business and Profession Code Section 5412. The Department may enter into agreements with appropriate departments to enforce this section. (b) A sixty day amortization period shall be provided from the date that this ordinance is in effect in which the restricted advertisements may remain, subject to removal by the sixty-first day. Sec. 6-61. Findings and Purpose. The City Council hereby finds and declares: (a) It is unlawful for any person under the age of 21 years to obtain, possess, or control any alcoholic beverage in the State and it is unlawful for any licensee authorized to sell such products to furnish any alcoholic beverage to a person under 21 years of age. (b) Studies have shown that the attitudes of children toward alcohol are significantly influenced by their exposure to alcoholic beverage advertisements. (c) Studies reveal an association between juvenile alcohol use and crime, suicide, and accidents. (d) It is unlawful for any person engaged in the manufacture or sale of tobacco products to sell or give tobacco to any individuals under the age of 18 years. (e) Exposure to advertising reinforces existing use of tobacco products among youths, contributes to higher levels of tobacco product use among youth, and increases the intention to use tobacco products among those young people who do not yet consume them. (f) Seventy-five percent of twelfth graders first tried cigarettes before the age of 15 and more than three million minors under the age of 18 consume more than 947 million packs of cigarettes annually Page - 3 - (g) It is unlawful for any person to send or distribute any harmful matter to a minor by live or recorded telephone message. (h) An ordinance restricting the placement of advertisements for alcohol, tobacco products and live or recorded telephone messages containing any harmful matter as defined in Section 313 of the Penal Code on outdoor advertising signs is a reasonable and necessary measure for the promotion of the welfare of minors exposed to such advertisements and is a necessary measure for reducing illegal use of tobacco products and consumption of alcohol products by minors. (i) The restrictions contained in this ordinance will not unduly burden the legitimate business activities of persons licensed to sell alcohol or tobacco products on a retail basis, nor prevent adults from obtaining information needed to make lawful purchases or unduly burden the legitimate business activities ofpersons transmitting, disseminating or distributing, as part of a commercial transaction, live or recorded telephone messages containing adult messages. (j) By this ordinance, the City Council intends to narrowly focus its efforts on those advertisements which most directly affect minors where they live attend school and engage in recreational activities, while protecting legitimate business activities. (k) The placement of outdoor advertisements for alcohol, tobacco products, or adult telephone messages where minors live, attend school and engage in recreational activities currently threatens the public health, safety or welfare and therefore this ordinance is needed for the preservation of the public health, safety and welfare. (1) The ordinance is compatible with and supportive of policies of the City of Azusa General Plan in that the proposed prohibitions on the placement of outdoor advertisements for alcohol, tobacco products and adult telephone messages will contribute to the public health, safety and welfare. (m) Given the imposition of more restrictive standards on the placement of outdoor advertisements for alcohol, tobacco products and adult telephone messages, this ordinance will not have a significant impact on the environment, and it is Categorically Exempt as a member of Class 8 of the State California Environmental Quality Act ( CEQA) Guidelines (Article 19, Categorical Exemptions) and Class 8 of the City of Azusa Local Guidelines for Implementing CEQA. SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 3: A summary of this Ordinance shall be published in the manner required by law. Page - 4 - 0 PASSE RAVED, AND ADOPTED s 1st day December,1998. MAYOR I Adolph Solis, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No 98-018 was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof , held on the 21 st day of December , 1998, by the following vote of the Council: No 98-018 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa at a regular meeting thereof held on the 7t' day of December 1998, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 215` day of December 1998, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFROD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOLPH S City Clerk APPROVED A(SJTlO FFOF84: Aeky , ! V � City Attorney Page -5-