Chapter 4.96 — ADULT READING MATERIAL

The City Council does find that there exists and has existed an increasing trend toward the display of adult reading material at grocery stores, convenience stores, drug stores, and other retail outlets within the City of Anaheim. Said adult reading material is often displayed within the open view of children of tender years and is accessible to them. The City Council finds that this material is adverse to the public peace, morals and good order of young children. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the City to restrict the display of adult reading material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum. (Ord. 4081 § 1 (part); November 27, 1979.)

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

(a) "Adult reading material" means any magazine or newspaper which contains on the cover any photograph, picture, drawing, or depiction of any of the following:

(1) The complete exposure of the entire nipple area or entire areola area of any female breast or breasts except those of infants; and

(2) The complete exposure of the entire genitalia or buttocks of either males or females, except those of infants.

This definition of "adult reading material" does not include any art or photography publication which devotes at least twenty- five percent of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with dissemination of the news. Nor does this definition apply to publications which describe and report on different cultures, and which may, from time to time, publish photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or seminudity is indigenous to the population. The City Council finds that medical publications or bona fide educational publications do not usually publish on their covers any photograph or depiction which is included in the definition of adult reading material and that, therefore, it is not necessary to define this type of publication.

(b) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

(c) "Display" means the exhibiting within the open view of patrons, invitees or other persons of adult reading material for sale. "Display" shall include the exhibiting of adult reading material from newsracks or newspaper vending stands. (Ord. 4081 § 1 (part); November 27, 1979.)

No person shall display adult reading material, or permit or allow the display of adult reading material, except as follows: The shelf, rack, stand or ledge upon which adult reading material is displayed shall have an opaque screen or border of sufficient height so that only the top two inches of any adult reading material is visible. (Ord. 4081 § 1 (part); November 27, 1979.)

Section 4.96.030 shall not apply to any establishment or portion thereof where, in fact, the entry of any person under eighteen years of age is prohibited and which has notice posted accordingly. (Ord. 4081 § 1 (part); November 27, 1979.)

In addition to the criminal penalty provisions provided by the Anaheim Municipal Code, violation of any section or sections of this chapter is declared to be a public nuisance, and may be abated by the City Attorney. (Ord. 4081 § 1 (part); November 27, 1979.)

Chapter 4.97

(Repealed by 6245, 6/5/12)