CHAPTER 9
ADULT ORIENTED MATERIALS

SECTION:

5-9-1: Definitions

5-9-2: Display Of Adult Materials Restricted

5-9-3: Violation; Penalty

5-9-4: Public Nuisance

5-9-5: Other Laws

5-9-1: DEFINITIONS:

As used in this chapter, the following words and phrases shall have the following meanings:

ADULT MATERIAL: All material that is defined as "harmful matter" in Penal Code section 313(a) which is contained or exhibited in magazines, newspapers, publications, posters, displays, photographs, video recordings or advertisements (including materials appearing on the covers or wrappers of merchandise offered for sale or rent to the public). For purposes of this chapter, "adult material" includes, but is not limited to:

   A.   The complete or partial exposure of the nipple or the areola of the female breast except the undeveloped nipple or areola of an infant or prepubescent child;

   B.   The complete or partial exposure of any part of the genitalia, pubic area or buttocks of either males or females, except the undeveloped nipple or areola of an infant or prepubescent child;

   C.   The display or depiction of any of the acts or conduct listed in Penal Code section 311.3(b)(1) through 311.3(b)(6).

This definition of "adult material" does not apply to material contained in any scientific or photography publication which devotes at least fifty percent (50%) of the lineage of each edition to articles and advertisements dealing with the subjects of science or the art of photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs or depictions of nude or seminude persons when describing current events.

DISPLAY: Exhibiting or exposing adult material so that it is within open view of patrons, invitees or visitors to the premises where such material is located, or is visible from any public street, thoroughfare, sidewalk or pedestrianway, or other residential or business premises. The prohibitions of this chapter shall not apply to rooms or places from which minors are both physically and visually excluded by an opaquely covered door or barrier designed in a way that the adult material is not visible from the doorway or entrance, whether it is open or closed. "Display" includes the exhibiting of adult material from news racks or newspaper vending stands or vending machines.

MINORS: Persons under the age of eighteen (18) years.

PERSON: Any individual, partnership, firm, association, corporation, limited liability company or other legal entity. (Ord. 98-02, 3-10-1998)

5-9-2: DISPLAY OF ADULT MATERIALS RESTRICTED:

No person shall display adult material or permit or allow the display of adult material unless blinder racks or wrappings are placed on or in front of such materials such that not less than the lower two-thirds (2/3) of the material is completely and opaquely covered. (Ord. 98-02, 3-10-1998)

5-9-3: VIOLATION; PENALTY:

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, punishable as prescribed in this code 1 . Any violation of this chapter constitutes a separate offense for each and every day during which such violation is continued, as provided in this code. (Ord. 98-02, 3-10-1998)

 

Notes

1	1. See section 1-4-1 of this code.