The City Council finds and declares that latex condoms labeled
for disease prevention can prevent the passage of AIDS, hepatitis
and herpes viruses but natural or lambskin condoms may not do this.
In order to serve the public health, safety and welfare, the declared
purpose of this article is to educate the public by requiring that
warning signs be placed at all locations where condoms are sold to
the public.
(Ord. 92-308 §1)
Any person or entity who owns, operates, manages, leases or
rents a premises or vending machine offering condoms for sale, or
dispensing condoms for consideration, to the public, shall cause a
sign or notice to be posted on the premises both in English and Spanish
as provided in this section. The sign or notice shall read:
WARNING. CONDOMS MAY NOT BE 100% SAFE AGAINST SEXUALLY TRANSMITTED
DISEASES, BUT LATEX CONDOMS LABELED FOR DISEASE PREVENTION PROVIDE
GREATER PROTECTION AGAINST AIDS THAN DO NATURAL (LAMBSKIN) CONDOMS.
FOR MORE INFORMATION CALL 1-800-922-2437.
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AVISO. LOS PRESERVATIVOS O PROFILATICOS (CONDONES) QUIZA NO
SEAN 100% SEGUROS CONTRA LAS ENFERMEDADES SEXUALES, PERO LOS PRESERVATIVOS
O PROFILATICOS DE LATEX QUE ANUNCIAN LA PREVENCION DE ENFERMEDADES,
PROVEEN MAYOR PROTECCION CONTRA EL SIDA QUE LOS PRESERVATIVOS O PROFILATICOS
NATURALES (HECHOS DE PIEL DE CORDERO CORDERINA O "LAMBSKIN").
PARA MAS INFORMACION LLAME AL 1-800-222-7432.
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The sign or notice as required herein shall not be smaller than 8 1/2 by 11 inches. The words "WARNING" and "AVISO" shall not be less than one-half inch in height and shall be centered on a single line with no other text nor shall any other lettering be less than one-quarter inch in height, except as provided in Section
8.06.030. The sentence "FOR MORE INFORMATION CALL 1-800-922-2437" shall be a separate paragraph centered immediately following the last sentence of the English warning and the sentence "PARA MAS INFORMACION LLAME AL 1-800-222-7432" shall be a separate paragraph centered immediately following the last sentence of the Spanish warning.
(Ord. 92-308 §2)
The required sign or notice shall be placed as follows:
A. Where
the sale or dispensing of condoms to the public occurs other than
through the use of a vending machine, at least one sign shall be placed
to assure it is readable by the public where the condoms are displayed
or stored for public sale.
B. Where the sale or dispensing of condoms to the public occurs through the use of a vending machine, the sign or notice and the lettering thereon is not subject to the minimum width, height, or length requirements of Section
8.06.020 except at least one sign or notice shall be attached or affixed to the front of the vending machine to assure that it is readable by a person who is physically close enough to the vending machine to actually operate it.
(Ord. 92-308 §3)
Anyone subject to the provision of Section
8.06.020 who knowingly fails to post the required warning is guilty of an infraction.
(Ord. 92-308 §4)