HomeMy WebLinkAbout1436 - ORDINANCES - 2/17/1993 ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 11.90 TO THE PALM
SPRINGS MUNICIPAL CODE, REGULATING THE
COD1iERCIAL DISPL[iZ OF SEXUALLY 'EXPLICIT
MERCHANDISE
WHEREAS, during the periods in which colleges and high schools
are closed immediately preceding and following the Easter
holiday, approximately 80 to 100 thousand people come to Palm
Springs to participate in activities generally referred to as
Spring Break; and
WHEREAS, due to the increased number of visitors and accompanying
-rise in criminal activity during Spring Break, the City spends
approximately $143, 000 during this period for the services of
additional law enforcement officers from outside agencies; and
WHEREAS, to capitalize on this influx of people, many of whom are
college or high school students or persons in the age groups
typical of college and high school students, some retail
establishments located in the City of Palm Springs display for
sale and sell during this period certain merchandise containing
slogans and illustrations of sexually explicit subjects; and
WHEREAS, the merchants often display this merchandise for
commercial purposes in the windows of their business
establishments which abut public streets, sidewalks, pedestrian
promenades, arcades and malls; and
WHEREAS, these commercial displays are -visible from the public
right-of--ways by children and adults who may wish to view
commercial displays in the store windows but are unwilling to
view sexually explicit slogans and illustrations and cannot view
one without seeing the other; and.
WHEREAS, the sexually explicit nature of these commercial
displays often incite protests and demonstrations requiring the
City to commit more law enforcement personnel to monitor and
patrol these emotionally charged demonstrations; and
WHEREAS, the City Council determines that it is necessary not
only to protect children and unwilling adults from exposure to
advertisements and products of a sexually explicit nature located
in the windows of business establishments and visible from the
public right-of-way, but also to diminish the potential for
volatile public protest and demonstrations during Spring Break.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.90 is hereby added to the Palm Springs
Municipal Code to read as follows :
Chanter 11. 90
COMMERCIAL DISPLAY OF SEXUALLY EXPLICIT MERCHANDISE
Sections:
11.90. 010 Definitions.
11.90 . 020 Display of certain matter prohibited.
11.90. 030 Separate display required within a business919
establishment.
Ord. 1436
Pg. 2
11. 90 . 010 Definitions . For the purposes of this
chapter, certain words and phrases used in this chapter are
defined as follows :
(1) "Explicit sexual acts" means depictions of
sexual intercourse, oral copulation, anal intercourse,
oral-anal copulation, bestiality, sadism, masochism, or
excretory functions in conjunction with sexual
activity, masturbation, or lewd exhibition of the
genitals, whether any of the above conduct is depicted
or described as being performed alone or between
members of the same or opposite sex or between humans
and animals, or other act of sexual arousal involving_
any physical contact 'with a person' s genital, pubic
region, pubic hair, perineum,, anus or anal :region.
(2) "Specified anatomical areas" means the human
genitals, pubic region, buttocks, perineum, anus, anal
region or any portion of the female breast at or below
the upper edge of the areola which is less than
completely and/or opaquely covered and human male
genitals in a discernibly turgid state, even if
completely and opaquely covered.
(3) "Promotional material" means any emblem, painting,
banner, pennant, placard, sign, lighting or other item
designed to advertise, identify, or convey information
regarding a product, place, activity, person, institution,
or business.
11 .90 . 020 Displa of certain matter xirohibited.
No person for commercial purposes shall knowingly
display, cause to be displayed or permit to be
displayed in any business establishment abutting a
public or private :right-of-way, plaza, pedestrian
promenade, arcade or mall any merchandise or
promotional material advertising the sale of any
merchandise in such a. manner as to expose to public
view from a public or private right-of-way, plaza,
promenade, arcade or mall any of the following:
(a) Any statements or words describing
explicit sexual acts, specified anatond cal
areas or excrement where such statements or
words have as their purpose or effect sexual
arousal, gratification, or affront;
(b) Any p:i.cturc or illustration of
specified anatomical areas of any person
where such picture or illustration has as its
purpose or effect sexual arousal,
gratification, or affront; or
(c) Any picture or illustration
depicting explicit sexual acts where such
picture or illustration has as its purpose or
effect sexual arousal, gratification, or
affront .
11.90 . 030 Separate _display reauired within. a business
establishment. Any person who offers for sale or sells
merchandise as described in section 11.90. 020 shall place
such merchandise inside the business establishment in an
area separate from the other merchandise offered for sale.
The merchandise shall be deemed to be separate from the
other merchandise if located on a separate shelf or display
rack located at least three (3) feet from the other
merchandise.
Ord. 1436
Pg. 3
SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after passage.
SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to
cause ,the same or a summary thereof or a display advertisement,
duly prepared according to law, to be published in accordance
with law.
ADOPTED this 17thday of February 1992
AYES: Members Lyons, Hodges, Reller-Spurgin, Schlendorf & Mayor Maryanov
NOES : None
ABSENT: None
ATTEST: CIT11 qF PALM SPRINGS, CALIFORNIA
By
�C--ity Clerk Mayor'
REVIEWED & APPROVED:
k5---
I HEREBY CERTIFY THAT the foregoing Ordinance 1436 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
held on the 17th day of February, 1993, and that same was duly published
in the DESERT SUN, a newspaper of general circulation on February 17, 1993.
�—'JUDITH SUMICH
City Clerk
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