Chapter 9.24


9.24.010    Definitions.

9.24.020    Offenses.

9.24.030    Defenses.

9.24.040    Violation – Penalty.

9.24.050    Severability.

9.24.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Harmful to minors” means the quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when the material or performance, taken as a whole, has the following characteristics:

1. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; and

2. The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

3. The material or performance lacks serious literary, scientific, educational, artistic, or political value for minors.

“Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

1. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and

2. The age of the minor; however, an honest mistake shall constitute an excuse from liability under this chapter if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

“Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, or video tape.

“Minor” means any unmarried person under the age of eighteen years.

“Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible turgid state.

“Performance” means any motion picture, film, video tape, played record, phonograph, or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

“Person” means any individual, partnership, association, corporation, or other legal entity of any kind.

“Reasonable bona fide attempt” means an attempt to ascertain the true age of the minor by requiring the production of a driver’ s license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.

“Sado-masochistic abuse” means the flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume or the condition of being fettered, bound, or other physical restraint on the part of one so clothed.

“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’ s clothed or unclothed genitals, pubic area, buttocks, or, if such person shall be a female, breast.

“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (Prior code § 4-24.01)

9.24.020 Offenses.

No person having the custody, control, or supervision of any commercial establishment shall knowingly:

A. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material; provided, however, a person shall be deemed not to have “displayed” material harmful to minors if the material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds of the material is not exposed to view;

B. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or

C. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor. (Prior code § 4-24.02)

9.24.030 Defenses.

It shall be an affirmative defense to any prosecution under this chapter that the material or performance involved was displayed, presented, or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, or quasi-governmental agency and persons acting in their capacity as employees or agents of such persons or organizations and which institution displays, presents, or disseminates such material or performance for a bona fide governmental, educational or scientific purpose. (Prior code § 4-24.03)

9.24.040 Violation – Penalty.

Any person who is convicted of violating any provision of this chapter shall be guilty of a misdemeanor. Each day any violation of this chapter occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by this chapter shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purposes of this chapter, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material shall constitute a single offense. (Ord. 1744 § 11, 2013: prior code § 4-24.04)

9.24.050 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Prior code § 4-24.05)