Chapter 5.20


5.20.010    Unlawful display of material harmful to minors.

5.20.020    Definitions.

5.20.010 Unlawful display of material harmful to minors.

No material harmful to minors, as defined in Cal. Penal Code § 313(a), and no material which displays or depicts specified sexual activities or specified anatomical areas as defined in Section 18.25.070 shall be displayed on the cover of any material in a public place or a public display device unless a blinder element is placed in front of the material so that the lower two-thirds of the material is not exposed to view. (Ord. 2264 § 11, 1-14-97. 1990 Code § 5-11100.)

5.20.020 Definitions.

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the terms used in this chapter are defined as follows:

(a)    “Blinder element” means any device, covering, method of display, location, or arrangement preventing the exposure to view of the lower two-thirds of material harmful to minors as defined in Cal. Penal Code § 313 or of specified sexual activities or specified anatomical areas as defined in Chapter 18.25.

(b)    “Material” means any book, magazine, newspaper, video recording, compact disk recording, printed or written material or any picture, drawing, photograph, motion picture, pictorial representation or any statue, other figure, any recording, transcription, mechanical, chemical, optical, or electrical reproduction or any other article, equipment, or machine.

(c)    “Minor” means any natural person under 18 years of age.

(d)    “Public display device” means display cases, news racks, self-service or coin-operated boxes, containers, tables, cabinets, storage units, vending machines, and other electrical, electronic, optical, video or other machines or devices which permit materials to be displayed, dispensed, or distributed.

(e)    “Public place” means any public or private structure, store, building, sidewalk, public right-of-way, open space, or commercial establishment open to or accessible by minors with or without payment of consideration. (Ord. 2264 § 11, 10-14-97. 1990 Code § 5-11105.)