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HomeMy WebLinkAboutAGENDA REPORT 1999 0120 CC REG ITEM 10NTO: FROM: DATE: SUBJECT: ITEE M 10 014 e CITY OF MOORPARK, CALIFORNIA Citv Council Meeting of -') D 01 ACTION: MOORPARK CITY COUNCIL AGENDA REPORT BY: Honorable City Council John E. Nowak, Assistant City Manager 06 January 1999 (Council Meeting of 01- 20 -99) Consider City of Los Angeles Billboard Ordinances This matter was placed on the agenda at the request of Mayor Hunter. Attached are copies of the City of Los Angeles ordinance dealing with billboards. Ordinance No. 172212 prohibits advertising tobacco products within 1,000 feet of a school, religious institution, entertainment park, youth center, perimeter of a public park or playground, or a residential zoned property. Ordinance No. 172213 makes the same prohibition for advertising alcoholic beverages. STAFF RECOMMENDATION: That the City Council direct staff as deemed appropriate. Attached: LA City ordinance 0001.51. AMENDED VERSION "A" I. Youth Center - any dcsignated SEC. 45.24. ENFORCEMENT. ORDINANCE NO. 172212 An ordinance adding Article 5.2.5 to 'ndoor, public private or parochial 'ac-u'/, ether than a private residence or Q r�.L':- violations. k shall be unlawful for an Chapter IV of the Los Angeles Municipal pie dwelling unit, which contains p� c- person to violate any provision of this Code to restrict the advertisement of - rams which provide, on a regular basks, 9 P 9 article. Any person who violates any of the provisions of this article or causes or tobacco products on certain site and activities services for persons who have permits another person to violate any of 000 off -site signs within 1,000 feet of areas et where minors are known to frequent not yet reached the age of 18 year =_, re including, but not limited to, community. the provisions of this article is guilty of a THE PEOPLE OF THE CITY OF LOS based programs, after- school progrars, misdemeanor. Each violation of the provisions of this article shall constitute a ANGELES DO ORDAIN AS FOLLOWS: weekend programs, violence preven,r ie-. separate offense. Section 1. A new Article 52.5 is hereby added to Chapter IV of the Los programs, leadership development pro- grams, vocational programs, substance SEC. 45.25. OPERATIVE DATE. The Angeles Municipal Code to read: abuse prevention programs. individual or provisions of this article shall become operative 365 days from its effective date. ARTICLE 5.2.5 RESTRICTIONS ON SIGNS AD- group counseling, remedial, tutorial c: other educational assistance or enrich- - Sec. 2. Severability. ft any section, VERTISING TOBACCO PRODUCTS ment, music, art, dance and other recrea provision or clause of this ordinance or the SEC. 45.20. PURPOSE. Regulating tional or cultural activities, physical fitnesc application thereof to any person or circumstance is held to be unconstitu- tobacco product advertising on certain signs is a reasonable and necessary activities and sports programs. SEC. 45.22. PROHIBITIONS. tional or otherwise invalid by any court of means to protect and promote the general welfare of the children and minors A. No person shall lace, permit. or maintain oo any on -site or off-site sign, a competent jurisdiction, such invalidity shall not affect other sections, provisions, City of Los Angeles exposed to certain a ain placard, device graphic display, r ouster, p � 9 P P /, c clauses or applications thereof which can signs advertising tobacco products. any other form of advertising that adver- be implemented without the invalid sec - The Supreme Court has repeatedly tses- tobacco products in publicly visib'= within 1,000 feet of any resider Lion, provision, clause or application thereof, and to this end, the sections, recognized that children and minors deserve special solicitude because they locations teal zone, residential use, school, religious provisions and clauses of this ordinance P lack the ability to assess and fully analyze the information presented through com- institution, entertainment park, youth enter, or public pa:k or playground are declared to be severable. Sec. 3. The City Clerk shall certify to mercial advertising, except as permitted under Section 45.23. the passage of this ordinance and cause Signs which can be seen from the 8. The distance specified in this the same to be published in some daily outdoors are a unique and distinguishable s=_ction shall be the horizontal distance newspaper printed and published in the , medium of advertising which subjects the neasured in a straight line from the City of Los Angeles. general public to involuntary and unavoid- ?roperty line of a residentially zone: I hereby certify that the foregoing able forms of solicitation. property, residential use school, religious Ordinance was passed by the Council of The regulations promote the general ;nstituticin, entertainment park, youth the City of Los Angeles, at its meeting of welfare and temperance of children and enter, or the perimeter of a public park or September 9, 1998. minors and are intended to help reduce playground to the closest visible edge a' J. MICHAEL CAREY, City Clerk the illegal consumption and purchase of tr, advertising sign face without regard to Approved: September 17, 1998 tobacco products children and minors by Smiting heir �ntarvenin structures g SEC. 45.23. EXCEPTIONS. The RICHARD J. RIORDAN, Mayor PP egali Approved as to Form and Legality exposure to Lha advertis- p ing of tobacco products on certain on -site pronibitions set forth in this article shad JAMES K. HAHN, City Attorney and off -site signs, riot apply to the following signs advertising C.F. 96- 1632 -S1 SEC. 45.21. DEFINITIONS. The tobacco products. This section shall rot CN490690172212 Sep 22, 1998 following wards and phrases, whenever be construed to permit any sign that is IIIIIII111111111111111111111111111111111 used in this article, shall be construed as otherwise restricted or prohibited by law. defined in this section. Words and A. The placement of signs advertis- phrases not defined herein shall be ing tobacco products- construed as defined in Sections 11.01, (1) Inside the premises of a building 12.03 and 91.6203 of this Code. that lawfully sells tobacco products, A- Entertainment Park - a commer. unless such sign is attached to, affixed to, cial enterprise that offers rides, games leaning against, or otherwise placed and other entertainment within three feet of any window or door in B. Public Parks and Playgrounds - such a manner that it is visible from an area of land, beach or pier set aside for outside the building; or Public recreational and /or omamental Purposes, which is under the control, (2) On commercial vehicles used operation or management of a govern- exclusively for transporting tobacco prod - mental agency, and wherein Mere may be ucts B. Any on -site sign that contains the an area containing, but not limited to, equipment such as swings and seesaws, name or slogan of a business that lawfully athletic fields, baseball diamonds, bas- sells tobacco products that has been courts, tennis courts, or swimming placed at or upon the business premises pools.) pools. ',or the purpose of identifying the business. C. Visible Location - any C. C. Any on -site sign that contains only location outdoor location visible to the general o. word descriptions of cigarettes, public including, but not limited to, off -site cigars, tobacco, smoke, or any other signs, pole signs, wall signs, projecting generic description of tobacco products. signs, monument signs, illuminated D. Any neon or electrically charged architectural canopy signs, marquee sign. 4 otherwise allowed by the Los signs, mural signs, freestanding sign- Angeles Municipal Code, within the boards, and root signs, and, including, any premises of a building that lawfully sells location that is inside a building wherein +ebacco products that is provided as part the sign is attached to, affixed to, leaning of a promotion of a particular brand of , against, or otherwise placed within three tobacco products, unless such sign is feet of any window or door in such a attached to, affixed to, leaning against, or manner that it is visible from outside the otherwise placed within three feet of any building. The term "publicly visible Iona- window or door in such a manner that it is lion" shall not include any location that is visible from outside the budding. visible only by those inside the building E. Any sign located inside a stadium, premises. arena, or amphitheater, provided the sign D. Religious Institution - any build- cannot be seen from outside the stadium, ing or structure that is maintained and used exclusively for religious worship, arena, or amphitheater. F. Any sign or other form of advertis- including. customary incidental, educa. ng on a Metropolitan Transit Authority tional and social activities in conjunction rehicle, or any other government oper- therewith. ated, contracted or licensed mode or E. Residential Use - any lot that is method of transportation. This exception identified in the adopted Community Plan shall not apply to any mode or method of as having a Commercial Land Use desig- transportation operated, contracted or nation that permits residential uses. licensed by the City of Los Angeles. G. The display of public service F. Residential Zone - any RA, RE, RS, R1, RU, RWt, R2, RD, RMP, RW2, messages or similar announcement R3. R4 or R5 zoned lot as set forth in opposing the use of tobacco products or that are designed to encourage minors to Section 12.04 cf this code. refrain from using or purchasing tobacco G. Schools - an institution of learn- ,products. However, this subsection shall ing for minors, whether public or private, which offers instruction in those not be construed to permit an advertise. courses of study required by the California Educa- merit which purports to oppose the use of tobacco products when that message is tion Code or which is maintained pursuant conveyed in conjunction with the display to standards set by the State Board of of a.recognized tobacco company logo, Education. This definition includes kinder - trademark or name used for marketing or garten, elementary, junior high, senior Promotion of tobacco products. high or any special institution of learning H. Any sign advertising of tobacco under the jurisdiction of the State Depart- of Education, but it does not include products that is otherwise consistent with the signage provisions contained in Article RECEIVED a vocational or professional institution or IV and Exhibit I of the Reciprocal Ease - an institution of higher education, includ- ment and Environmental Restriction ing a community or junior college, college Agreement by and among the City of Los or university. Angeles, the Community Redevelopment H. Tobacco Products - any sub- stance containing tobacco Agency of the City of Los Angeles, and IAN! i „ ^ j j 1 leaf, including L.A. Arena Land Company, Inc., recorded but not limited to cigarettes, cigars, pipes, in the official records of the County of Los - tobacco snuff, chewing tobacco and Angeles as instrument No. 95801502. dipping tobacco, cigarette papers; or any I. The display of any non - commercial ���rParf, other instrument or paraphernalia that is message. Llty �t A designed for the smoking or ingestion of tobacco or _ _ administrative Services Department products prepared from to- bacco <lOV1_0.bN • AMENDED VERSION - -B" I. Youth Center - any designated ORDINANCE NO. 172213 indoor, public private or parochial facility, An ordinance adding Article 5 2.6 to other than a private residence or a multi- Agency of the City of Los Angeles, and Chapter IV of the Los Angeles Municipal ple dwelling unit, which contains pro- L.A. Arena Land Company, Inc., recorded Code to restrict the advertisement of grams which provide, on a regular basis, in the official records of the County of Los alcoholic beverages on certain on -site and activities or services for persons who have Angeles as instrument No. 95801502 . off -site signs within 1,000 feet of areas not yet reached the age of 18 years, I. The display of any non - commercial where minors are known to frequent. including, but not limited to, community- message. THE PEOPLE OF THE CITY OF LOS based programs, after - school programs, SEC. 45.34. ENFORCEMENT. ANGELES 00 ORDAIN AS FOLLOWS: - weekend programs, violence prevention Violations. It shall be unlawful for any Section 1. A new Article 5.2.6 is orograms, leadership development pro. person to violate any provision of this hereby added to Chapter IV of the Los grams, vocational programs, substance article. Any person who violates any of the Angeles Municipal Code to read: abuse prevention programs, individual of provisions of this article or causes or ARTICLE 5.2.6 group counseling, remedial, tutorial of permits another person to violate any of RESTRICTIONS ON SIGNS AD- other educational assistance or enrich - the provisions of this article is guilty of a VERTISING ALCOHOLIC BEVERAGES ment, music, art, dance and other recrea. misdemeanor. Each violation of the SEC. 45.30. PURPOSE. Regulating io-ial or cultural activities, physical fitness provisions of this article shall constitute a alcoholic beverage advertising on certain rctivities and sports programs. separate offense. signs is a reasonable and necessary SEC. 45.32. PROHIBITIONS. SEC. 45.35. OPERATIVE DATE. The means to protect and promote the general A. No person shall place, permit, of provisions of this article shall become welfare of the children and minors of the maintain on any on -site or off -site sign, a operative 365 days from its effective date. City of Los Angeles exposed to certain coster, placard, device, graphic display, of Sec. 2. Severabillty. If any section, signs advertising alcoholic beverages . any other form of advertising that adver. provision or clause of this ordinance or the The Supreme Court has repeatedly tees alcoholic beverages in. publicly application thereof to any person or recognized that children and minors visible locations within 1,000 feet of any circumstance is held to be unconstitu- deserve special solicitude because they .--sidential zone, residential use, school, invalid tional or otherwise invalid by any court of ack the abdity to assess and fully analyze �e,igious institution, entertainment park, competent jurisdiction such invalidity the information presented through com- -youth center, or public park or playground shall not affect other sections, provisions, mercial media Signs which can be seen from the except as permitted under Section 45.33, B. The distance specified in this cl cl clauses or applications thereof which can outdoors are a unique and distinguishable s�!c;ion shall be the horizontal distance be i mplemented without the invalid sec - n, clause or application medium of advertising which subjects the measured in a straight line from the provision, d thereof, and this end the sections, general public to involuntary and unavoid- ;:roperty line of a residentially zoned cl auses provisions and clauses , this ordinance able forms of solicitation. property, residential use, school, religious are declared to severable. The regulations promote the general institution, entertainment park, youth Sec. 3. The City Clerk shall certify to ,welfare and temperance of children and minors and are intended to help reduce center, or the perimeter of a public park or playground to the closest visible edge of of f the passage this ordinance and cause the illegal consumption and purchase of the advertising sign face without regard to the same to published in some daily alcoholic beverages by children and intervening structures. newspaper printed and published in the .minors by limiting their exposure to the SEC. 45.33. EXCEPTIONS. The City of Los Angeles. advertising of alcoholic beverages on prohibitions set forth in this article shall I hereby certify that the foregoing - certain on -site and off -site signs . not apply to the following signs advertising Ordinance was passed by the Council of SEC. 45.31. DEFINITIONS. The alcoholic beverages. This section shall not the City of Los Angeles, at its meeting of following words and phrases, whenever be construed to permit any sign that is September 9, 1998 used in this article, shall be construed as otherwise restricted or prohibited by law. J MICHAEL CAREY, City Clerk defined in this section. Words and A. The placement of signs advertis- Approved: September 17, 1998 phrases not defined herein shall be ing alcoholic beverages: RICHARD J. RIORDAN, Mayor construed as defined in Sections 11 01, (1) Inside the premises of a building Approved as to Form and Legality 12.03 and 91.6203 of this Code that lawfully sells alcoholic beverages, • JAMES K. KAHN, City Attorney A. Alcoholic Beverages - Any unless such sign is attached to, affixed to, C.F. 96- 1632 -Sl substance containing alcohol, spirits . leaning against, or otherwise placed CN490689 172213 Sep 22, 1998 liquor, wine, beer, or any solid containing within three feet of any window or door in I111111IIIII IIIII1111111111111111 fill fill alcohol, spirits, wine or beer, which such a manner that it is visible from - - -- --- -- - contains one -half of one percent or more outside the building; or of alcohol by volume and which is fit for (2) On commercial vehicles used beverage purposes either alone or when exclusively for transporting alcoholic diluted, mixed, or combined with other beverages; or substances. (3) The placement of signs advertis- 8. Entertainment Park - a commer- ing alcoholic beverages in conjunction cial enterprise that offers rides, games with a one -day alcoholic beverage sales and other entertainment license or temporary license issued by the C. Public Parks and Playgrounds - California Department of Alcoholic Bever - an area of land. beach or pier set aside for age Control provided those signs are at public recreational and /or ornamental the location licensed for alcoholic bever- purposes. which is under the control, age sales. operation or management of a govern- B. Any on -site sign that contains the mental agency, and wherein there may be name or slogan of a business that lawfully an area containing, but not limited to, sells alcoholic beverages that has been equipment such as swings and seesaws, placed at or upon the business premises athletic fields, baseball diamonds, bas- for the purpose of identifying the business . ketball courts, tennis courts, or swimming C. Any on -site sign that contains only pools generic word descriptions of beer, wine, 0. Publicly Visible Location - any liquor, spirits, or any other generic de- outdoor location visible to the general scription of alcoholic beverages. public including, but not limited to, off -site D. Any neon or electrically charged - signs, pole signs, wall signs, projecting sign, if otherwise allowed by the Los signs, monument signs, illuminated Angeles Municipal Code, inside the - architectural canopy signs, marquee premises of a building that lawfully sells signs, mural signs, freestanding sign- alcoholic beverages that is provided as boards, and roof signs, and, including, any part of a promotion of a particular brand of location that is inside a building wherein alcoholic beverages, unless such sign is the sign is attached lo, affixed to, leaning attached to, affixed to, leaning against, or against, or otherwise placed within three otherwise placed within three feet of any feet of any window or door in such a window or door in such a manner that it is manner that it is visible from outside the visible from outside the building. building. The term "publicly visible Iota- E. Any sign located inside a stadium, tion'- shall not include any location that is arena, or amphitheater, provided the sign visible only by those inside the building cannot be seen from outside the stadium, premises arena, or amphitheater E. Religious Institution - any build- F. Any sign or other form of advertis- ing or structure that is maintained and ing on a Metropolitan Transit Authority _ used exclusively for religious worship, vehicle, or any other government oper- including customary incidental, educa- ated, contracted or licensed mode or tonal and social activities in conjunction method of transportation. This exception therewith. shall not apply to any mode or method of F. Residential Use - any lot that is transportation operated, contracted or identified in the adopted Community Plan licensed by the City of Los Angeles . as having a Commercial Land Use desig- G. The display of public service nation that permits residential uses messages or similar announcement opposing the use of alcoholic beverages G. Residential Zone - any RA, RE, RS, R1, RU, RW1, R2, RD, RMP, RW2, or that are designed to encourage minors R3, R4 or R5 zoned lot as set forth in to refrain from using or purchasing alco- Section 12.04 of this code. holic beverages. However, this subsection H. Schools - an institution of learn- shall not be construed to permit an adver- ing for minors, whether public or private, tisement which purports to oppose the which offers instruction in those courses use of alcoholic beverages when that of study required by the California Educa- message is conveyed in conjunction with the display of a recognized bon Code or which is maintained pursuant mark or trademark beverage company logy, trademark or to standards set by the State Board of name used for marketing or promotion of Education. This definition includes kinder. alcoholic beverages . garten, elementary, junior high, senior H. Any sign advertising alcoholic high or any special institution of learning beverages that is otherwise consistent under the jurisdiction of the State Depart- with the signage provisions contained in ment of Education, but it does not include Article IV and Exhibit I of the Reciprocal a vocational or professional institution or an institution of higher education, includ- Easement and Environmental Restriction �o ing a community or junior college, or Agreement by and among the City of Los V LJ� v university. Angeles. the Community P-!development