Chapter 11.10


11.10.010    Purpose and findings.

11.10.020    Definitions.

11.10.030    Display – Limitation.

11.10.040    Violations.

11.10.010 Purpose and findings.

The City Council of the City of Dixon does hereby find that there exists and has existed the display of adult reading material at grocery stores, convenience stores, drug stores, newsracks, and other retail outlets within the City of Dixon. Said adult reading material has been displayed within the open view of children and may be easily accessible to them. The City Council finds and declares that it is necessary to restrict the display of adult reading material and to adopt the following regulations so that the adverse impact of such material upon the welfare of children is kept to a minimum. [Ord. 12-004.]

11.10.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

“Adult reading material” means any magazine, newspaper, book, or video cassette which contains on the cover or exterior any photograph, picture, drawing, or depiction of any of the following which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to:

1. The exposure of the entire nipple area or entire areola area of any female breast or breasts, except those of infants.

2. The exposure of the entire genitalia or buttocks of either male or female, except those of infants.

This definition of adult reading material does not include any of the following types of publications, which the City Council finds by their context or pervasiveness do not present a similar public problem with respect to children:

1. Any art or photography publication which devotes at least twenty-five percent (25%) of the linage of each edition to articles and advertisements dealing with the subjects of art or photography;

2. Any news periodical which reports or describes current events, and which, from time to time, publishes photographs of nude or semi-nude persons in connection with dissemination of the news;

3. Publications which describe and report on different cultures, and which may, from time to time, publish photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population; or

4. Medical publications or bona fide educational publications.

“Display” shall mean (1) exhibiting for sale from newsracks, newsstands, or shelves, located on or in the public right-of-way, in a manner which exposes to public view adult reading material, or (2) exhibiting for sale from racks or shelves in the immediate vicinity of a checkout counter or a cash register of any grocery store, convenience store, drug store, or similar general retail store in a manner which exposes adult reading material to customers waiting to pay for retail items purchased at the store.

“Person” shall mean any individual, partnership, firm, association, corporation, or other legal entity. [Ord. 12-004; Ord. 13-004 § 23.]

11.10.030 Display – Limitation.

No person shall display adult reading material, or permit or allow the display of adult reading material, except as follows: The shelf, rack, stand or ledge upon which adult reading material is displayed for sale shall have an opaque screen or border of sufficient height so that only the title of any adult reading material is visible. [Ord. 12-004.]

11.10.040 Violations.

Any person violating any of the provisions of DMC 11.10.030 shall be guilty of an infraction, and upon conviction shall be punished by a fine not exceeding fifty dollars ($50.00) for the first violation and one hundred dollars ($100.00) for each additional violation within one (1) year. Every day any such violation shall continue shall constitute a separate offense. [Ord. 12-004.]