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ORDINANCE NS-1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 10-150 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE SALE OF NEWSPAPERS ON THE PUBLIC RIGHT-OF-WAY. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-150 which said section reads as follows: Sec. 10-150. SALE OF NEWSPAPERS ON THE PUBLIC RIGHT- OF-WAY. (a) No newspaper or similar publication which is pro- hibited by the laws of the state from sale or distribution to minors may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such newspaper or similar publication by a minor. (b) No newspaper or similar publication may be offered for sale to the public on any public right-of-way by means of any mechanical sales device in such a manner as to expose to the public view any photograph or drawing contained within such newspaper or similar publication displaying any of the following: (1) the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any per- son, 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. (c) Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any newspaper or similar publication in violation of this sec- tion. (d) Any newspaper or similar publication offered for sale in violation of this section constitutes a public nui- sance. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sen- tence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: The Clerk of the Council shall certify to the passage o---f~his ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 4: This Ordinance days from and after the date of shall take effect thirty its adoption. (30)