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§ 13.18.010 — Purpose and intent

San José Municipal Code (Supp. No. 5: codified through Ordinance No. 31341, enacted August 25, 2026) · San José Municipal Code § 13.18.010

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13.18.010 - Purpose and intent.

The San José city council finds and declares that the uncontrolled placement and maintenance of newsracks on the public right-of-way and the proliferation of such devices to display words and pictorial material describing and depicting explicit sexual conduct and nudity, which is thrust indiscriminately on children and unwilling adults, unreasonably interferes with and obstructs the public's use of the public rights-of-way, constitutes unwarranted invasions of individual privacy, is injurious to health, is indecent and offensive to senses, and such an obstruction of the free use of property so as to interfere with the comfortable enjoyment of life and property by the entire community. The San José city council also finds, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to these areas for such purposes should not be absolutely denied. The council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter designed to accommodate such interests by regulating the time, place and manner of using such newsracks.

(Ord. 20892.)