Costa Mesa Municipal Code Ch. X Regulation of Display of Material Which Is Harmful to Minors in a Public Place

(a) The city council does hereby find and declare as follows:

(1) The California Legislature has provided in California Penal Code section 313.1 that a city may adopt an ordinance which restricts the display of material which is harmful to minors, as defined in California Penal Code section 313, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to view.

(2) The display of material which is harmful to minors, as defined in California Penal Code section 313, in a public place is occurring at businesses which are open to the public and where minors frequent in the City of Costa Mesa.

(b) The purpose of this chapter is to restrict the display of material which is harmful to minors, as defined in California Penal Code Sections 313 and 313.1, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to view.

(Ord. No. 93-19, § 1, 11-15-93)

As used in this chapter:

Exhibit

shall mean to show or display for public use.

Harmful matter

shall mean harmful matter as defined in California Penal Code section 313, and as may be amended.

Knowingly

shall mean being aware of the character of the matter as being harmful matter.

Matter

shall mean matter as defined in California Penal Code section 313, and as may be amended.

Minor

shall mean any natural person under 18 years of age.

Person

shall mean any individual, partnership, firm, association, or other legal entity.

(Ord. No. 93-19, § 1, 11-15-93)

No person shall knowingly exhibit harmful matter in a public place, other than a location from which minors are excluded, to minors without the placement of devices known as blinder racks or covers in front of the matter so that the lower two-thirds of the matter is not exposed to public view.

(Ord. No. 93-19, § 1, 11-15-93)

The provisions of this chapter shall be enforceable and a violation shall be punishable as a misdemeanor pursuant to section 1-33 of this Code. The operator or owner of the business for which the operator is employed may be cited for violation of this chapter.

(Ord. No. 93-19, § 1, 11-15-93)