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Ordinance No. NS-397
<br />Estab. Right-of-NAy Lines
<br /> Hazard and Sugar
<br />
<br />Ordinance
<br />Prohibiting Distribution
<br />Of Obscene Literature
<br />
<br />Cormmunicat ion
<br />County Highway Department
<br />Board of Supervisors, et al
<br />
<br /> The Council having uns~imously waived the reading of the Ordinance, on motion of
<br />
<br /> Councilman Hubhard~ seconded by Brewer and carried, the following Ordinance entitled:
<br />
<br /> "Ordinance No. NS-397 establishing future right-of-way lines along
<br /> portions of Hazard and Sugar Avenues,
<br />/~t~ be established
<br /> follows~ On both sides of Hazard Avenue, between Harbor Boulevard and Ward
<br />
<br /> Street, 42 feet from the surveyed center line measured at right angles; and on
<br /> both sides of Sugar Avenue, between Harbor Boulevard and Ward Street, 42 feet
<br /> from the surveyed center line measured at right angles, was considered and passed
<br />
<br /> by the following vote~
<br />
<br /> Jr.
<br /> Ayes, Councilmen ~oyal E. Hubbard, Standby C. Gould,/Bob Brewer, A. A. Hall
<br /> Noes, Councilmen None
<br /> Absent, Councilmen Dale H. Hein~y
<br />
<br /> It was moved by Councilman Gould that an Ordinance be adopted prohibiting the dis-
<br /> tributic~ ultimately for use by childrer~ ur~ier the age of 18 years, of an~ magazine,
<br /> book, print, or other publication in which there are prominently featured, by use
<br /> of drawings, cartoons, or photographs any obscene or indecent displs~ of the male
<br /> or female figure, andproviding the penalty for the violation thereof. Motion lost
<br /> for lack of a second. Cou~lc~lman Brewer moved that an Ordinance be sdopted pro-
<br /> hibiting the pcssession~ printing, display, distribution~ offering for sale, or
<br /> sale of obscene or indecent printed matter,drawings, cartoons, or photographs.
<br /> Motion lost for lack cfa secoud. Councilman Brewer requested that Councilmen Gould
<br /> re-submit his Ordinance, changing the age limit from 18 to 24years. After discus-
<br /> sion it was moved by Councilm~n Brewer and seconded by Gould that an Ordinance be
<br /> adopted prohibiting ultimately for use by children, under the age of 21 years, of
<br /> any magazine, book, print~ or other publication in which there are prominently
<br /> featured, by use of drawings, cartoons, or photographs an~ obscene or indecent
<br /> display of the m~le or female figure, amipr~viding the pemalty for the violation
<br /> thereof. Councilman Hubbard stated there is a State law to cover the printing,
<br /> distributiom~ or selling of lewd literatare and read Section 311 of the California
<br /> Penal Code, and said that if the Council passed an Ordinance in conflict with the
<br /> State law, that it may be decla red unconstitutional. Councilma~ Gould stated that
<br /> he had discussed this with the Committee, and proceeded to read Section 3il of
<br /> the California Penal Code; this is a 8~*ficult field to legislate in, and any
<br /> Ordinance to regulate it would be reasonaole. The Ordinance is a step in the
<br /> right direction and would be a help. Statements were made by the Mansger, the
<br /> Attorney, and several persons in the aulience. Edward J. Allen, Chief of Police,
<br /> stated he cannot be in favor of this Ordinance and there should not be any age
<br /> limit on indecent literature.
<br />
<br /> Roll Call Ayes, Councilmen St~t.ey C. Gould, Jr., Bob Brewer
<br /> Noes, Councilmen Royal E. Hubbard, A. A. Hall
<br /> Absent, CounciLmen Dale H. Heinly
<br />
<br /> The Mayor stated that the matter will be referred to the Attorney to r~define the
<br /> Ordinance and action continued until CouncLlman Heinly returns.
<br />
<br /> On motion of Councilman Hubbard, seconded by Gould and carried, the following
<br /> communications were received and filed:
<br />
<br /> From Ce~ty Highway Department advising a balance of approximately $~)0~000.00
<br /> umallocated funds for the Arterial Highway Financing Program remaining in
<br /> County Budget for the fiscal year 1959-60. The Advisory Committee to the pro-
<br /> gram has decided to accept applications for further projects to utilize these funds;
<br /> such application to be in the hauds of the Orange County Read Commissioner not later
<br /> than October 1, 1959.
<br />
<br /> From the Board of Supervisors acknowledging receipt of Resolutio~ No. 59-218
<br /> cheung street names of Catalina Street, Edna Circle and ~a~mPlace and advising
<br /> said resolution was ordered filed.
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