The council finds that the display and dissemination of material harmful to minors, as defined herein, presents a difficult and sensitive problem involving a delicate balancing of the rights of adults to view and to use such matter against the need to protect minors form exposure thereto.
The harm to minors from exposure to such material derives at least as much from the context in which such material is presented as from the content of the material per se, as the context can represent community and parental attitudes which minors may tend to adopt and integrate into that individual's own sense of identity. The context of the display of material harmful to minors may consequently be instrumental in the minor's education and acculturation into the community. The regulation of the display of such material is therefor a matter of urgent concern to the community.
The council finds that by restricting the display of material harmful to minors in public places, the community can promote in its citizens responsible, honest and understanding attitudes toward adult sexuality. Such attitudes are best promoted by leaving open channels of exhibition and dissemination through responsible individuals and organizations involved in the education of youth, or through individuals in a parental relationship with the minor, to the extent otherwise allowed by California State law.
(Ord. 158 § 1, 1988)
As used in this chapter, the following words shall have the meanings set forth herein.
"Display"
means to show.
"Knowingly"
means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection of inquiry of, the character and content of any material which is reasonably susceptible to examination.
"Material which is harmful to minors"
shall have the same meaning as "harmful matter" as set forth in Chapter 7.6 of Title 9 of the California Penal Code, or any successor thereto.
"Minor"
shall have the same meaning as set forth in Section 313 of the California Penal Code, or any successor thereto.
"Person"
means any individual, partnership, firm, association, corporation or other legal entity having custody or control over material subject to this chapter.
"Public place"
means any public right-of-way, including every street, parkway and sidewalk; any lot, parcel, building or structure owned or leased by any public entity; and any private property to which the public in general is invited or permitted to enter upon, whether for a fee or otherwise, during such time as the public may enter upon such property. "Public place" does not include any place which would otherwise qualify pursuant to this subsection if minors are excluded from such place and if all material harmful to minors located in such place is so located as not to be visible from any public place outside of the place from which minors are excluded.
"Recognized and established"
means an organization or agency having (1) a full-time faculty and diversified curriculum in the case of a school; (2) on staff one or more licensed physicians, nurses, psychiatrists, psychologists or other health care professionals in the case of a medical clinic or hospital; or (3) affiliation with a national or regional denomination in the case of a religious institution.
(Ord. 158 § 1, 1988)
No person shall knowingly display material which is harmful to minors in any public place, or in any way where such material is visible from a public place, unless the display of such material is restricted by the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.
(Ord. 158 § 1, 1988)
A person may comply with the requirements of this chapter by physically segregating material which is harmful to minors from other items in a manner so as to physically prohibit the view of the material by minors, and by prominently posting at the entrance(s) to such restricted area "Adults Only -you must be 18 to enter," or other words to that effect, and by enforcing such restrictions.
(Ord. 158 § 1, 1988)
The following are exempt from the provisions of this chapter.
A. 
Recognized and established schools, religious institutions and medical clinics and hospitals;
B. 
Health care professionals licensed by the state of California;
C. 
Public libraries;
D. 
Governmental agencies or government sponsored organizations;
E. 
Individuals in a parental relationship with the minor;
F. 
All persons acting in their capacity as employees or agents of organizations or persons listed in this section.
(Ord. 158 § 1, 1988)
A. 
No person shall violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not more than $1,000 or by imprisonment for a period of not exceeding six months or both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any such provision is committed, continued or permitted by such person and shall be punishable accordingly.
B. 
In addition to the penalties provided in subsection A of this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated as such by this city, and every day such condition continues shall be regarded as a new and separate offense.
(Ord. 158 § 1, 1988)