Chapter 9.15


9.15.010    Legislative findings and authorization.

9.15.020    Definitions.

9.15.030    Display of adult material prohibited.

9.15.040    Violations--Penalty.

9.15.050    Public nuisance.

*    Prior ordinance history: Ordinance 239.

9.15.010 Legislative findings and authorization:

The city council finds that there exists and has existed an increasing trend toward the display, in grocery stores, convenience stores, drug stores, and other retail places of business in the city, of adult materials which are within the definition of "harmful matter" contained in Section 313 of the California Penal Code; that said materials are often displayed within the open view of children of tender years; that said displays are unsuitable for viewing by children and should be regulated as authorized by Section 313(d) of the California Penal Code. (Ord. 356 §1(part) Exhibit A(part),1990).

9.15.020 Definitions.

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

A.    "Adult material" means all material that is defined as "harmful matter" in Section 313(a) of the California Penal Code.

B.    "Display" means exhibiting or exposing adult material so that it is within open view of patrons, invitees,and visitors to the premises where such material is located, except in a public place where minors are excluded, and except where devices commonly known as blinder racks are placed in front of such material so that the lower twothirds of the material is not exposed to view.

C.    "Material" or "matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation.

D.    "Person" means any individual, partnership, firm, association, corporation, or other legal entity. (Ord. 356 §1(part) Exhibit A(part), 1990).

9.15.030 Displav of adult material prohibited:

No person shall display adult material, or allow the display of adult material, in the city. (Ord. 356 §1(part) Exhibit A(part) 1990).

9.15.040 Violations--penalty.

Any person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, punishable as prescribed in Section 1.12.010 of this code. Any violation of this chapter constitutes a separate offense for each and every day during which such violation is continued, as provided in Section 1.12.020 of this code. (Ord. 356 §1(part) Exhibit A(part), 1990).

9.15.050 Public nuisance.

In addition to the criminal penalty provisions set forth in Section 9.15.030, violation of any section or sections of this chapter is declared to be a public nuisance, and may be abated by the city. (Ord. 356 §1(part) Exhibit A(part), 1990).