(A) The City Council finds that the public health, safety, welfare and convenience require that:
(1) The good appearance of public streets and grounds be maintained;
(2) Visual blight on the public rights-of- way or which may unreasonably detract from the aesthetics of adjacent store window displays, landscaping and other improvements be reduced;
(3) Minors be shielded from materials which may be harmful to their psychological or physical well-being.
(B) The City Council also finds, however, that the reasonable use of such rights-of-way is historically associated with the sale and distribution of newspapers and publications, and such use is a constitutionally protected right.
(C) Although state law makes the knowing distribution, sale, or exhibition of harmful matter to minors a criminal offense, as specifically set forth in Penal Code § 313.1, § 313.1(d) clearly provides that nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county, that restricts the display of material that is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring 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.
(D) It is the intent of the City Council to require the placement of blinder racks as permitted by Penal Code §§ 311 through 313.1(d). It is also the intent of the City Council to use the provisions of Penal Code §§ 311 through 313.4 as a guide to the interpretation of and the definition of words and phrases contained in this chapter.
(Ord. 1235, passed 5-19-04)