Avenal Municipal Code Ch. 17 Display of Adult Material

Sections: 5-17.01 Legislative finding and authorization. 5-17.02 Definitions. 5-17.03 Display of adult material prohibited. 5-17.04 Violation—Penalty. 5-17.05 Public nuisance. 5-17.01 Legislative finding and authorization. The City Council does find that there exists and has existed an increasing trend towards display of adult materials at grocery stores, convenient stores, drug stores, video stores and other retail outlets within the City. This Council recognizes that businesses which sell sexually orientated materials possess serious objectional operational characteristics which when concentrated can have a deleterious affect upon adjacent areas. It is recognized that many persons are offended by the public display of certain sexual material. Further, such adult material is often displayed within the open view of children of tender years and is easily 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 prohibit the display of adult material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum. (Ord. 96-01 (part), 1996) 5-17.02 Definitions. As used in this chapter, the following words and phrases shall have the following meaning: "Adult material" means all material that is defined as "harmful matter" in Section 313(a) of the California Penal Code. Adult material shall include, but not be limited to any magazine, newspaper, publication, poster, display, video recording or advertisement (including advertising appearing on the cover or wrapper of merchandise offered for sale or rent to the public) which contains on the outside any photograph, picture, drawing or depiction of any of the following: (1) The complete exposure of the entire nipple area or the entire areola area of any female breast; and (2) The complete exposure of the entire genitalia or buttocks of either males or females. (3) This definition of "adult material" does not include any art or photograph publication which devotes at least twenty-five (25) 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, publish photographs or depictions of nude or seminude 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 material and that, therefore, it is not necessary to define this type of publication.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 49 "Display" means exhibiting or exposing adult materials so that it is within open view of patrons, invitees and visitors to the premises where such material is located, or are visible from any public street, thoroughfare, sidewalk or pedestrian way or other residential or business premises except in a public place where minors are excluded and except where devices commonly known as blinder racks are placed in front of such material so that the lower two-thirds (2/3) of the material is not exposed to view. "Display" includes the exhibiting of adult material from newsracks or newspaper vending stands. "Person" means any individual partnership, firm, association, corporation, or other legal entity. (Ord. 96-01 (part), 1996) 5-17.03 Display of adult material prohibited. No person shall display adult material or permit or allow the display of adult material. (Ord. 96-01 (part), 1996) 5-17.04 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 Section 17 of California Penal Code which states that every misdemeanor, except in cases when a different punishment is prescribed by any law of this State, is punishable by imprisonment in the County Jail not exceeding six (6) months or by a fine not exceeding one thousand dollars ($1,000.00) or both. A violation may also be punishable as an infraction subject to the procedures set forth in Penal Code Section 19.6 and 19.7. Any violation of this chapter constitutes a separate offense for each and every day during which such violation is continued, as provided in Section 1-2.01 of this Code. (Ord. 96-01 (part), 1996) 5-17.05 Public nuisance. In addition to the criminal penalty provisions provided by this Code, violation of any section or sections of this chapter is declared to be public nuisance, and may be abated as such by the City. (Ord. 96-01 (part), 1996)