Chapter 9.26 - Harmful Matter#

9.26.010 - Purpose.#

(a) This chapter enacted pursuant to the authority conferred by paragraph (d) of Section 313.1 of the California Penal Code, and pursuant to the police powers vested in cities by Article XI, Section 7 of the California Constitution. The city council finds that the exhibition to minors of harmful matter seriously threatens to corrupt the morals and character of the youth of this city.

(b) The interior of business establishments to which members of the general public are admitted constitute "public places" within the meaning of and as those terms are used in paragraph (d) of Section 313.1 of the Penal Code. Business establishments to which members of the general public are admitted are not, when entered by minors, "a public place from which minors are excluded" within the meaning of and as those terms are used in paragraph (d) of Section 313.1 of the Penal Code. It is the intent of this chapter to require business establishment frequented by members of the general public to either:

(1) Prevent minors from entering; or

(2) Shield harmful matter which minors may see with blinder racks in the manner prescribed herein.

(c) It is also the purpose of this chapter to require blinder racks shielding from view harmful matter which may be viewed by minors from public property.

(Ord. 579B §1(part), 1992)

9.26.020 - Definitions.#

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Blinder racks" means any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.

"Business establishment" means any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that the harmful matter can be viewed by patrons inside the enterprise.

"Distribute" or "distribution" shall mean to transfer possession of, whether with or without consideration.

"Exhibit" or "exhibition" shall mean to show.

"Harmful" shall be ascribed the same meaning as the term "harmful matter" prescribed by paragraph (a) of Section 313 of the California Penal Code, as said section may hereafter be amended.

"Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, or any statue or other figure.

"Minor" means any natural person who is under the age of 18 years.

"News rack" or "vending device" shall mean a privately owned mechanism which is located on public property or located on private property in such a manner that the contents can be viewed by members of the general public from public property, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public from public property.

"Person" means any corporation, partnership or sole proprietorship which owns a business establishment, news rack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, news rack or vending machine, including, but not limited to, clerks who are responsible for on-site operation or maintenance of a business establishment.

"Public property" means any:

(1) Sidewalk, street, alley or pathway which is opened to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including, but not limited to, common areas in shopping malls frequented by patrons to gain access to retail enterprises; and

(2) Parks, land or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public.

(Ord. 579B §1(part), 1992)

9.26.030 - Display in business establishments.#

(a) It is unlawful for any person to own, operate or maintain any business establishment within the city to which members of the general public are admitted, unless at the time any minor is within the establishment blinder racks are placed in front of all harmful matter subject to view by patrons.§

(b) The provisions of this chapter shall not be construed to require placement of blinder racks in front of harmful matter displayed within a separate room or partitioned area within the interior of a business establishment frequented by minors when the matter cannot be viewed from other areas of the establishment, unless minors enter the separate room or partitioned area where the matter is displayed.§

(Ord. 579B §1(part), 1992)

9.26.040 - Display in news racks or vending devices.#

It is unlawful for any person who owns, operates or maintains a business establishment within the city to place harmful matter in a display window or other location within the establishment in such a manner that the harmful matter can be viewed by members of the general public from public property, unless blinder racks are placed in front of the harmful matter.§

(Ord. 579B §1(part), 1992)

9.26.050 - Violation—Penalty.#

Violation of the provisions of this chapter shall constitute an infraction and shall be punishable by a fine not exceeding $100.00.§

(Ord. 579B §1(part), 1992)