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:
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Tracey M nez, City Clerk Eric S. Vail,, City Attorney