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HomeMy WebLinkAboutOrd 841 ORDINANCE NO. 841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA AMENDING SECTION 9.62.070(A) OF THE CATHEDRAL CITY MUNICIPAL CODE TO REGULATE BILLBOARD SIGNS ADVERTISING CANNABIS WHEREAS, Section 9.62.070(A) of the Cathedral City Municipal Code regulates billboards on non-tribal lands within the City of Cathedral City; and WHEREAS, the City may regulate commercial speech, including off-site advertising via billboards, if it has a substantial interest in regulating the speech, the regulation directly advances the stated interests, and the regulation is not more extensive that necessary to serve the stated interests; and WHEREAS, the City has an interest in preventing illegal cannabis consumption by minors, and desires to adopt regulations aimed at limiting minors' exposure to cannabis advertising by prohibiting cannabis billboard advertising in areas where children play and go to school; and WHEREAS, Business and Professions Code section 26152 prohibits cannabis billboard advertising within 1,000 feet of a day care center, elementary or secondary school, playground, or youth center, which is defined in Business and Professions Code section 26001(av) and Health and Safety Code section 11353.1 to mean "any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities;" and WHEREAS, the City desires to be able to enforce the billboard restrictions in Business and Professions Code section 26152 and by adopting this Ordinance it will allow the City to enforce those restrictions through a code enforcement action or administrative citation; and WHEREAS, the City has prepared a map of all existing billboard locations in the City, a copy of which is attached hereto as Exhibit A, and determined that of the 20 existing billboards in the City on non-tribal land there are 17 existing billboards where cannabis advertising will still be allowed; and WHEREAS, additional billboards may be constructed in the City in the future pursuant to Section 9.62.070 in locations where cannabis billboard advertising may be permitted; and WHEREAS, the City Council finds and determines that this Ordinance directly advances the City's interest in curbing the illegal consumption of cannabis by minors, and is not more extensive than necessary to serve that interest, because the Ordinance restricts the placement of cannabis billboards in areas where significant numbers of minors spend large amounts of time while allowing cannabis billboards in areas where minors are less likely to spends significant amounts of time. THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF SECTION 9.62.070(A). Section 9.62.070, paragraph A, of the Cathedral City Municipal Code is amended to add a new subparagraph 4, to read as follows: "4. Cannabis Advertising. a. No person shall allow cannabis or cannabis products to be advertised on any billboard within 1,000 feet of: i. A day care center, which for the purposes of this section shall mean a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers; ii. A public or private school providing instruction in any grade from kindergarten to twelfth grade; iii. A park; iv. A youth center, which for the purposes of this section shall mean any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities; or v. the City's public library. b. No person shall allow cannabis or cannabis products to be advertised on any billboard that depicts any of the following: A person or character engaged in the act of smoking, vaping or otherwise ingesting cannabis or cannabis products; or ii. Cartoon characters or other characters attractive to children." SECTION 2. EXHIBIT A BILLBOARD MAP The map, attached hereto as Exhibit A, shall be updated annually by staff. SECTION 3. CEQA. The City Council hereby finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that this Ordinance does not have the potential to cause a significant effect on the environment. SECTION 4. Effective Date. This Ordinance shall be effective 30 days from and after its final passage. Notwithstanding the foregoing, the City Council hereby mandates a grace period of ninety (90) days from the effective date of this Ordinance to educate beverage vendors of the terms of this Ordinance, during which time no action shall be taken by the City to enforce this Ordinance. SECTION 5. Severability. If any section, subsection, subdivision, 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, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Publication. The City clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c). INTRODUCED at the regular meeting of Cathedral City City Council on the 8th day of July, 2020. APPROVED AND ADOPTED this 22nd day of July, 2020, by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar Noes: None Abstain: None Absent: None d'o guitar, Mayr ATTEST: APPROVED AS TO FORM: jTh Tracey M nez, City Clerk Eric S. Vail,, City Attorney