The purpose of this chapter is to regulate the manner in which materials harmful to minors are commercially displayed in retail establishments. The regulation in content neutral and the least restrictive method to regulate display of harmful matter materials to minors. The regulation does not unreasonably restrict the First Amendment right of adults to such materials, but does insure the protection of minors health and safety.
(Ord. 18-90)
Except as provided in this section, it shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter to a minor in a public place other than a public place from which minors are excluded. Harmful matter material is not displayed if it is located in an area which places such material reasonably beyond the reach of any minor and a device commonly known as a blinder rack is placed in front of such harmful matter, so that the lower two-thirds of the material is not exposed to view.
(Ord. 18-90)
Every day that this chapter is violated shall be a separate violation of this chapter. Every violation of this chapter shall be punishable as a misdemeanor.
(Ord. 18-90)
Note: Former § 9.09.050, Forwarding Copy of Ordinance to Business Handling Harmful Matter, adopted by Ord. 18-90, was repealed by Ord. 03-25, 2/25/2025.
If any sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter and each sentence, clause and phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
(Ord. 18-90)