Chapter 10.60


10.60.010    Findings and Purpose.

10.60.020    Definitions.

10.60.030    Prohibition.

10.60.010 Findings and Purpose.

The City Council finds and declares:

A.    There has been an increase in the display of harmful material at grocery stores, convenience stores, drug stores and other retail outlets within the City of Newport Beach;

B.    This harmful matter is often displayed in easy view of, and readily accessible to, minors;

C.    With limited exceptions, the Legislature has preempted local regulation of the sale or display of harmful matter to minors;

D.    The Legislature has authorized cities to adopt an ordinance prohibiting the display of material which is harmful to minors in a public place, except areas from which minors are excluded, unless the material is covered by devices commonly known as blinder racks;

E.    This ordinance represents the full extent of the authority given to the City by the State relative to the regulation of harmful matter, and is a reasonable regulation on the time, place, and manner in which harmful matter may be displayed. (Ord. 94-15 § 1 (part), 1994)

10.60.020 Definitions.

As used in this chapter:

A.    “Harmful matter” shall be defined as specified in California Penal Code Section 313(a);

B.    “Matter” shall be defined as specified in California Penal Code Section 313(b);

C.    “Knowingly” shall mean being aware of the character of the matter;

D.    “Exhibit” shall mean to show or display to members of the public;

E.    “Minor” shall mean any natural person under eighteen (18) years of age. (Ord. 2023-22 § 487, 2023; Ord. 94-15 § 1 (part), 1994)

10.60.030 Prohibition.

A.    No person shall knowingly exhibit harmful matter in any public place unless blinder racks or covers have been placed in front of the matter, so that the lower two-thirds of the matter is not exposed to public view;

B.    The provisions of subsection (A) shall not apply to display of harmful matter in any public place from which minors are excluded. (Ord. 94-15 § 1 (part), 1994)