Section
9.94.010 Purpose; policy; authority; application
9.94.020 Definitions
9.94.030 Lewd films and theaters exhibiting them declared a public nuisance
9.94.040 Place of business in which lewd publications constitute a principal part of the stock in trade
9.94.050 Knowledge of nuisance presumed from notice or order of abatement; responsibility of parties
9.94.060 Action to be taken by City Council
9.94.070 Action brought pursuant to Cal. Civ. Code §§ 3494 et seq; forfeiture to the general fund of the duty, cost of abatement
9.94.080 Action to be taken by City Attorney
The City Council finds that the commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, and the sale of obscene publications, constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare and the development of human personality; that such exploitation is indecent and offensive to the senses and to public morals and interferes with the interest of the public in the quality of life and debases total community environment, the commerce in the city, property values, and the public safety; and that the continuation of such activities is detrimental to the public peace, health, safety, good morals and general welfare of the city, and of the residents, citizens, inhabitants and business thereof. Pursuant to Cal. Gov't Code §§ 38771, 38773 and 38773.5, Cal. Civ. Proc. Code § 731, and Cal. Civ. Code §§ 3479, 3480, 3491 and 3494, the Council hereby declares such activities to be public nuisances, and herein establishes procedures for abatement thereof. This chapter shall apply to existing establishments which are presently engaged in the activities herein declared to be public nuisances as well as those which may be commenced in the future.
('86 Code, § 9.94.010) (Ord. 3656, passed - - )
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE. Having knowledge of the contents and character of the patently offensive sexual conduct which appears in or is depicted in the lewd matter.
LEWD MATTER. Any matter:
(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Which depicts or describes patently offensive representations or descriptions of:
(a) Ultimate sexual acts, normal or perverted, actual or simulated; or
(b) Masturbation, excretory functions, or exhibition of the genitals or genital area.
LEWD MATTER does not include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
MATTER. A motion picture film or a publication, or both.
MOTION PICTURE FILM Includes any:
(1) Film or plate negative; or
(2) Film or plate positive; or
(3) Film designed to be projected on a screen for exhibition; or
(4) Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(5) Video tape or any other medium used to electronically reproduce images on a screen.
NUDE. Includes:
(1) Completely without clothing; or
(2) The human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.
PLACE. Includes, but is not limited to, any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.
PUBLICATION. Includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a projector or other viewing machine.
SALE. A passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
('86 Code, § 9.94.020) (Ord. 3656, passed - - )
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