The city council finds and declares that there exists in the
city a tendency toward a display of adult magazines and books in liquor
stores, grocery markets, drugstores and other retail outlets in such
a manner that children, often of tender years, are exposed to book
and magazine covers depicting explicit sexual activity and showing
human genitals and pubic regions in a sexually explicit manner. The
city council finds that such exposure establishes a tone in the community
inconsistent with morality and good order. The council, therefore,
finds that it is in the best interest of public health, safety and
welfare to restrict the display of reading material with sexually
explicit covers and to adopt the following regulations so that the
adverse impacts of such material on children and the community as
a whole will be kept to a minimum.
(Prior code § 4-8.15)
The following words and phrases used in this chapter shall be
defined as follows:
"Explicit sexual depictions"
means any picture, photograph, drawing, decoration or other
illustration depicting:
1.
Human genitals in a state of sexual arousal, stimulation, or
otherwise emphasizing the genitals;
2.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
buggery, cunnilingus, fellatio, pederasty, homosexuality, sadomasochism
or similar acts;
3.
Fondling or other erotic touching of human genitals, pubic regions
or female breasts.
"Person"
means any individual, partnership, firm, association, corporation
or other legal entity.
"Reading material"
means any book, magazine, pamphlet or newspaper offered for
sale in a commercial establishment.
(Prior code § 4-8.16)
No person shall display reading material having covers with
explicit sexual depictions in any commercial establishment in the
city except as provided in this chapter.
(Prior code § 4-8.17)
Reading material having covers with explicit sexual depictions
may be displayed in a commercial establishment in an area set aside
and clearly posted for adults only. "Adults only" areas shall be visible
from the cash register or sales center of the store. No items frequently
purchased by children shall be located in the vicinity of the adults
only area and the material with sexually explicit covers shall be
displayed in such a manner that sexually explicit depictions are not
readily visible to patrons in other areas of the store. Minors shall
not be permitted to enter an adults-only area.
(Prior code § 4-8.18)
Reading materials having covers with explicit sexual depictions
may be displayed in an area open to the general public in a commercial
establishment only if the cover depictions are not visible. Opaque
display units showing only the top two inches of magazine covers shall
be deemed to comply with this section.
(Prior code § 4-8.19)
Notwithstanding any other section of this code, no criminal
penalty is provided for the violation of this chapter. Violation of
any section or sections of this chapter is declared to be a public
nuisance and may be abated by the city.
(Prior code § 4-8.20)