ARTICLE 10.1:
REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS

 

Sec. 715.	Definitions.
Sec. 716.	Newsracks on Sidewalks.
Sec. 717.	Provisions for Removal – Notice Requirements.
Sec. 718.	Public Nuisance Declared.
Sec. 719.	Penalty Provision Not Applicable.
Sec. 720.	Severability.

 

SEC. 715. DEFINITIONS.

   (a)   "Person" is an individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, or any political subdivision thereof.

   (b)   "Street" is a way or place of whatever nature, publicly maintained and open to the use of the public.

   (c)   "Sidewalk" is that portion of a street other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian traffic.

   (d)   "Newsrack" is 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 news periodicals.

(Added by Ord. 66-75, App. 3/7/75)

SEC. 716. NEWSRACKS ON SIDEWALKS.

   No person shall sell, offer for sale, or keep or maintain any newspaper or news periodical in any newsrack located on any public sidewalk or street in such a manner as to expose to the public view any photograph, cartoon or drawing, contained within such publication, displaying any of the following:

      (1)   The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;

      (2)   Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty.

(Added by Ord. 66-75, App. 3/7/75)

SEC. 717. PROVISIONS FOR REMOVAL – NOTICE REQUIREMENTS.

   Any newsrack installed, used or maintained in violation of the provisions of this Article shall be removed to a place of storage by the Chief of Police or any officer or employee designated by him. Within 24 hours after the seizure of the newsrack, Saturdays, Sundays and holidays excluded, the Chief of Police shall notify the owner by certified mail of the removal of the newsrack at the address affixed thereto; if no address or telephone number is affixed to the newsrack, the Chief of Police shall make such notification as is reasonably indicated by the contents of the newsrack. Upon failure of the owner to claim such newsrack and pay the expenses of removal and storage within 30 days after such removal, said newsrack shall be disposed of pursuant to the provisions of Section 1400 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code).

(Added by Ord. 66-75, App. 3/7/75)

SEC. 718. PUBLIC NUISANCE DECLARED.

   The Board of Supervisors of the City and County of San Francisco finds and declares that the maintenance of newsracks on public sidewalks and parkways containing newspapers and news periodicals that contain photographs and drawings, visible to the public view while in said newsracks, of those portions of nude human bodies as specified in Section 716 of the San Francisco Police Code, constitutes a public nuisance upon the sidewalks and parkways of said City and County, and the ready availability of such creates a condition wherein enforcement of the Penal Code of the State of California regarding the sale of harmful matter to minors becomes extremely difficult, and the City and County, through its law enforcement agencies, is unable to enforce the provisions of the Penal Code relating to harmful matter as it should be enforced.

(Added by Ord. 66-75, App. 3/7/75)

SEC. 719. PENALTY PROVISION NOT APPLICABLE.

   Section 16 of Ordinance No. 1.075 (Bill No. 1734) shall not apply to the provisions of this Article.

(Added by Ord. 66-75, App. 3/7/75)