Hawthorne City Zoning Code
CHAPTER 17
84 PLACEMENT OF ADVERTISEMENTS FOR CERTAIN ADULT TELEPHONE MESSAGES ON BILLBOARDS
§ 17.84.010 Purpose and findings.
It is unlawful for any person to send or distribute any harmful matter to a minor by live or recorded telephone messages.
Outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation.
Courts have recognized the positive relationship between advertising and consumption regarding a variety of goods and services.
Children are exposed to outdoor advertising on a regular basis simply by walking to school or playing in their neighborhood and there is no practical means of parental monitoring or limiting exposure to these public advertisements.
An ordinance restricting the placement of advertisements for live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code, on outdoor advertising signs is a reasonable and necessary measure for the promotion of the welfare of minors exposed to such advertisements. The restrictions contained in this chapter will not unduly burden the legitimate business activities of persons transmitting, disseminating, or distributing, as a part of a commercial transaction, live or recorded telephone messages containing harmful matter.
By this chapter, 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 activities, while protecting legitimate business activities.
The possibility of placing outdoor advertisements for telephone messages which contain harmful matter where minors live, attend school and engage in recreational activities currently threatens the public health, safety and welfare. The ordinance codified in this chapter is needed for the preservation of the public health, safety or welfare.
Said ordinance is compatible with and supportive of policies of the general plan in that the proposed prohibitions on the placement of outdoor advertisements for adult telephone messages will contribute to the public health, safety and welfare.
(Ord. 1656 § 1, 1998)
§ 17.84.020 Definitions.
See Section 17.35.100.
means a facility, other than a family day care home, in which less than twenty-four-hour-per-day nonmedical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the state.
shall not include such a facility when it is appurtenant and clearly subordinate to a commercial or industrial activity, established on the same lot or parcel, and operated for the children of the employees of the commercial or industrial activity.
means a development maintained and used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith.
is the same as "billboard." See Section 17.35.100.
means any park, playground or grounds under the control, direction or management of a public entity, whether such use is within or outside the city.
means any recreational center or facility under the control, direction or management of a public entity, whether such use is within or outside the city.
means and includes any elementary or secondary school, public or private, attendance at which satisfies the compulsory education laws of the state, whether such use is within or outside the city.
means any designated indoor public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of eighteen years, including, but not limited to, community-based programs, afterschool programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial or other educational assistance or enrichment, music, art, dance and other recreational or cultural activities, physical fitness activities and sports programs.
(Ord. 1656 § 1, 1998)
§ 17.84.030 Adult telephone message advertising prohibited in certain areas of the city.
A.
No person shall place or cause to be placed any advertisement for live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code, on any outdoor advertising sign within a residential zone, or within one thousand feet of the premises of any school, park, playground, recreational facility, youth center, child care center, entertainment park or church.
B.
This section shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.
C.
The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest line of a use or zone listed above.
D.
This section shall be administered and enforced by the planning department. The department shall create and update a detailed map of the city, showing the location and boundaries of all schools, parks, playgrounds, recreational centers and facilities, youth centers, child care centers, entertainment parks and churches, and the corresponding one thousand-foot radii within which adult telephone messages advertising is prohibited. The department may also develop guidelines, as appropriate, to ensure proper implementation and enforcement of this section. Nothing contained in this section shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to Business and Professions Code Section 5412.
(Ord. 1656 § 1, 1998)