Unless otherwise stated, words and terms are defined as follows:
means to show.
means matter, taken as a whole, which to the average person,
applying contemporary statewide standards, appeals to the prurient
interest, and is matter which taken as a whole, depicts or describes
in a patently offensive way sexual conduct and which, taken as a whole,
lacks serious literary, artistic, political or scientific value for
minors.
means being aware of the character of the matter or material.
means any book, magazine, newspaper, video recording, or
other printed or written material or any picture, drawing, photograph,
motion picture, or other pictorial representation or any statue or
other figure, or any recording, transcription, or mechanical, chemical,
or electrical reproduction or any other articles, equipment, machines
or material. Material also includes live or recorded telephone message
when transmitted, disseminated, or distributed as part of a commercial
transaction.
means any natural person under eighteen years of age.
means any individual, partnership, firm, association, corporation,
or other legal entity.
(Ord. 1725 § 1, 2000)
(a)
Display of material which is harmful to minors, as defined in Chapter 7.6 of Title 9 of the California Penal Code, in a public place, other than a public place from which minors are excluded, is prohibited unless a device commonly known as a "blinder rack" is placed in front of such material, so that the lower two thirds of the material is not exposed to view.
(b)
"Blinder
rack" is defined as an opaque cover, blocking from the view the lower
two-thirds of the material, and secure from the reach of minors, in
the place where such material is sold, distributed or displayed whether
with or without consideration.
(Ord. 1725 § 1, 2000)
(a)
A
violation of this chapter shall be punishable as a misdemeanor, except
as otherwise provided herein.
(b)
Except
in cases where a different punishment is specifically prescribed elsewhere
in this chapter, every misdemeanor offense is punishable by imprisonment
in the city or county jail for a period not exceeding six months,
or by fine not exceeding one thousand dollars, or by both; provided,
that where the city attorney determines that such action would be
in the interest of justice, the city attorney may specify in the accusatory
pleadings that the offense shall be an infraction.
(c)
Except
as otherwise prescribed in this chapter, every offense specifically
declared to be an infraction is punishable by a fine not exceeding
one hundred dollars for a first violation, a fine not exceeding two
hundred dollars for a second violation of the same provision within
one year, and a fine not exceeding five hundred dollars for each additional
infraction violation of the same provision within one year. An infraction
is not punishable by imprisonment. A person charged with an infraction
shall not be entitled to a trial by jury and shall not be entitled
to have the public defender or other counsel appointed at public expense
to represent him or her unless he or she is arrested and not released
on his or her written promise to appear, his or her own recognizance,
or a deposit of bail. However, any person who has previously been
convicted two or more times during any twelve-month period for any
offense made punishable as an infraction shall be charged with a misdemeanor
upon subsequent violation(s).
(d)
Payment
of any penalty herein provided shall not relieve a person, firm, corporation,
or any other entity from the responsibility of correcting the condition
resulting from the violation. In addition to the above penalties,
the court may order that the guilty party reimburse the city for all
of its costs of investigation, analysis and prosecution of the enforcement
action against the guilty party; and the court shall fix the amount
of any such reimbursements upon submission of proof of such cost by
the city.
(Ord. 1725 § 1, 2000)
