795.31 NEWSRACKS.
   (a)   No person shall knowingly display to public view in any newsrack or other displaying device, any material which is defined by the Reynoldsburg City Code Section 533.11, as harmful to juveniles, photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is:
      (1)   Kept behind devices commonly known as "blinder racks", so that the lower two-thirds (2/3) of the material is not exposed to view and the invited members of the general public, prior to viewing the entire material, present identification that the requesting party is not a juvenile; or
      (2)   Kept out of normal viewing of the invited general public and the titles are listed in a separate binder available upon request to invited members of the general public who are not juveniles and invited members of the general public, prior to viewing the entire material, present identification that the requesting party is not a juvenile.
   (b)   A person commits the offense of displaying and disseminating harmful material to juveniles, as defined under Section 533.11 of the Reynoldsburg City Code, if with, or without consideration and knowing the character or content of the material, he knowingly:
      (1)   Sells, furnishes, presents, displays, or distributes to a juvenile material that is harmful to juveniles; without consent of a parent or guardian; or
      (2)   Allows a minor to review or peruse material that is harmful to juveniles without consent or a parent or guardian.
   (c)   Penalty.
      (1)   Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the first degree if the material or the performance involved is harmful to juveniles but not obscene, and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, and/or imprisonment not to exceed 180 days.
(Ord. 116-99. Passed 9-20-99)