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HomeMy WebLinkAboutORD 252 1999 0217ORDINANCE NO. 252 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 8.60, ALCOHOL ADVERTISING PROHIBITED IN CERTAIN AREAS OF THE CITY, TO TITLE 8 OF THE MOORPARK MUNICIPAL CODE WHEREAS, alcohol consumption contributes to more than 100,000 deaths annually, and is the third leading cause of preventable mortality in the United States; and WHEREAS, alcohol is the leading cause of death among adolescents in the United States; and WHEREAS, according to a recent advertising agency study, children between the ages of 6 and 17 identify Budweiser's cartoon advertising as their favorite advertisement copy; and WHEREAS, 60 percent of high school students begin drinking when they are in the ninth grade or earlier; and WHEREAS, more than 50 percent of junior high and senior high school students report consuming hard liquor; and WHEREAS, according to the United States Department of Health and Human Services, junior and high school students consume 1.1 billion beers annually; 35 percent of wine coolers are consumer by drinkers under the age of 21 years; and WHEREAS, adolescents who begin drinking before the age of 15 are four times more likely to develop alcoholism than those that begin drinking at age 21; and WHEREAS, college students with grade point averages of D or F drink three times as much as those students who earn A grades; and WHEREAS, alcohol is a factor in approximately 40 percent of all traffic deaths; and WHEREAS, more than 16,000 Americans die each year from alcohol related traffic collisions; and Ordinance No. 252 Page 2 WHEREAS, according to the California Highway Patrol, 1,100 Californians died and 31,189 were injured as a result of alcohol related traffic collisions in 1997; and WHEREAS, according to the California Highway Patrol, 17 Ventura County residents died and 680 were injured as a result of alcohol related traffic collisions in 1997; and WHEREAS, alcohol is a factor in more than 60 percent of all domestic violence incidents, 20 to 60 percent of all child abuse cases, and 30 to 70 percent of all child sexual molestation incidents; and WHEREAS, as much as 40 percent of all Americans occupying non - maternity and intensive care hospital bed space are being treated for complications related to alcohol consumption; and WHEREAS, 20 percent of Medicaid funds spent on hospital care is attributable to alcohol and other drug use; and WHEREAS, alcohol consumption during pregnancy is the leading cause of birth defects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Title 8 of the Moorpark Municipal Code is hereby amended by adding Chapter 8.60 to read as follows: "ALCOHOL ADVERTISING PROHIBITED IN CERTAIN AREAS OF THE CITY Sections: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Applicability of provisions. 8.60.010 Purpose. A. It is unlawful for any person under the age of 21 years to obtain, possess, or control any alcoholic beverage in the State of California, and it is unlawful for any licensee authorized to sell such products to furnish any alcoholic beverage to any person under the age of 21 years. Ordinance No. 252 Page 3 B. The City Council has reviewed statistics prepared by other jurisdictions regarding the potential harmful effects on persons under the age of 21 years of outdoor advertising for alcoholic beverages. C. Certain studies reveal that outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation. D. Courts have recognized the positive relationship between advertising and consumption regarding a variety of goods and services. E. Courts have also recognized that children are exposed to outdoor advertisement on a regular basis simply by walking to and from school and playing in their neighborhood, and there exists no practical means of parental monitoring or limiting exposure to these public advertisements. F. Certain studies have also revealed that the attitude of children toward alcohol is significantly influenced by their exposure to alcoholic beverage advertisements. G. Certain studies have also revealed an association between juvenile alcohol use and juvenile crime, between juvenile alcohol use and suicide, and between juvenile alcohol use and accidents. H. The restrictions contained in this ordinance will not unduly burden the legitimate business activities of persons licensed to sell alcoholic beverages on a retail basis, nor prevent adults from obtaining information needed to make lawful purchases. I. By adopting 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 and social activities while protecting legitimate business activities. Ordinance No. 252 Page 4 J. The placement of outdoor advertisements for alcohol beverages where minors live, attend school and engage in recreational and social activities is injurious to the public health, safety, and welfare of the community. K. The adoption of this ordinance is necessary to protect the health, safety, and welfare of the community. 8.60.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: `Alcoholic beverage' shall mean any beverage in liquid form that contains not less than one -half of one percent alcohol by volume and is intended for human consumption. `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 chapter, `child care center' shall not include such a facility when it is appurtenant and clearly subordinate to a commercial or industrial facility or activity, established on the same lot or parcel, and operated exclusively for the children of the employees of the commercial or industrial activity. `Church' shall mean a development maintained and used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith. `Outdoor Advertising Sign' shall mean any sign which is located off -site, with a single square footage greater than seventy -five (75) square feet or a double -sided sign with more than one hundred fifty (150) square feet. `Park' shall mean any park, playground, or grounds under the control, direction, or management of a public entity, whether such use is within or outside the municipal boundaries of the city. Ordinance No. 252 Page 5 `Recreational Facility' shall mean any recreational facility under the control, direction, or management of a public agency, whether such use is within or outside the municipal boundaries of the city. `School' shall include any elementary, secondary, junior or senior high school, public or private, attendance at which satisfies the compulsory education laws of the State of California, whether such use is within or outside the municipal boundaries of the city. `Youth Center' shall mean any designated indoor or outdoor private or parochial facility, other than a residence or multiple dwelling unit, which offers programs, activities, or services, for persons who have not yet reached the age of eighteen, including, but not limited to, community -based programs, after - school programs, weekend programs, violence prevention programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial and other educational assistance or enrichment, music, art, dance, other recreational or cultural activities, physical fitness activities and sports programs. 8.60.030 Applicability of provisions. A. No person shall place or cause to be placed any advertisement for alcoholic beverages on any outdoor advertising sign within a residential or agricultural zone, or within 1,500 feet of any school, park, playground, recreational facility, youth center, child care center, entertainment park, or church. B. Nothing in this posting of advertisements use of alcoholic beverages. subsection shall prohibit the that specifically discourage the C. The distances specified in this subsection shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above." SECTION 2. If any section, subsection, sentence, clause, phrase, part of portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not Ordinance No. 252 Page 6 affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 17t ATTEST: Ordinance No. 252 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 252 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of February, 1999, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 26th day of February, 1999. Deborah S. Traffenste , City Clerk (seal)