Citrus Heights Municipal Code Div. 4 Display of Harmful Material

(a) This division is enacted pursuant to the authority conferred by Penal Code 313.1(d) and pursuant to the police powers vested in counties by article XI, section 7 of the California Constitution. The city council hereby finds that the exhibition to minors of harmful matter seriously threatens to corrupt the morals and character of the youth of this city.

(b) The interior of business establishments to which members of the general public are admitted constitute "public places" within the meaning of and as that term is used in Penal Code § 313.1(d). Business establishments to which members of the general public are admitted are not, when entered by minors, "a public place from which minors are excluded" within the meaning of and as that term is used in Penal Code § 313.1(d). It is the intent of this division to require business establishments frequented by members of the general public to either:

(1) Prevent minors from entering; or

(2) Shield harmful matter which minors may see with blinder racks in the manner prescribed in this division.

(c) It is also the purpose of this division to require blinder racks shielding from view harmful matter which may be viewed by minors from public property.

(Ord. No. 97-01, § 2(9.98.000), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Blinder racks means any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.

Business establishment means any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that the harmful matter can be viewed by patrons inside the enterprise.

Distribute and distribution mean to transfer possession of, whether with or without consideration.

Exhibit and exhibition mean to show.

Harmful means the same as the term "harmful matter" prescribed by Penal Code § 313(a).

Matter means any book, magazine, newspaper, or other printed or written material; any picture, drawing or photograph; or any statue or other figure.

Minor means any natural person who is under the age of 18 years.

Newsrack and vending device mean a privately owned mechanism which is located on public property or located on private property in such a manner that the contents can be viewed by members of the general public from public property, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public from public property.

Person means any corporation, partnership or sole proprietorship which owns a business establishment, newsrack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, newsrack or vending machine, including but not limited to clerks who are responsible for on-site operation or maintenance of a business establishment.

Public property means:

(1) Any sidewalk, pathway or street which is open to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including but not limited to common areas in shopping malls frequented by patrons to gain access to retail enterprises; and

(2) Parks, lands or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public.

(Ord. No. 97-01, § 2(9.98.005—9.98.055), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

(a) It shall be unlawful for any person to own, operate or maintain any business establishment within the city to which members of the general public are admitted, unless at the time any minor is within the establishment blinder racks are placed in front of all harmful matter subject to view by patrons.

(b) This section shall not be construed to require placement of blinder racks in front of harmful matter displayed within a separate room or partitioned area within the interior of a business establishment frequented by minors when the matter cannot be viewed from other areas of the establishment, unless minors enter the separate room or partitioned area where the matter is displayed.

(Ord. No. 97-01, § 2(9.98.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It shall be unlawful for any person to own, operate or maintain a newsrack or vending device within the city, unless blinder racks are placed in front of harmful matter thereon or contained therein.

(Ord. No. 97-01, § 2(9.98.065), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It shall be unlawful for any person who owns, operates or maintains a business establishment within the city to place harmful matter in a display window within the establishment in such a manner that the harmful matter can be viewed by members of the general public from public property, unless blinder racks are placed in front of the harmful matter.

(Ord. No. 97-01, § 2(9.98.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Pursuant to Government Code § 36900(a), violation of any of the sections of this division shall constitute an infraction.

(Ord. No. 97-01, § 2(9.98.075), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)