Eastvale Municipal Code Ch. 8.16 Display of Harmful Material to Minors

Footnotes:

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State Law reference— Power of municipality to adopt that restricts display of material harmful to minors in a public place by requiring placement of blinder racks in front of the material, Penal Code § 313.1(d).

It is the purpose of this chapter to protect the public health, safety and welfare of the residents of the city and to protect minors in this city from viewing publicly displayed harmful matter. The ordinance from which this chapter is derived is adopted pursuant to the authority granted by Penal Code § 313.1(d) which authorizes counties to adopt ordinances which restrict the public display of harmful matter to minors by the use of blinder racks.

(Ord. No. 2011-04, § 1, 2, 1-26-2011)

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

Blinder rack means an opaque device, which serves to completely obscure harmful matter, placed in such fashion so that the lower two-thirds of the harmful matter is not exposed to view.

Exhibit means to show or display.

Harmful matter means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and when, taken as a whole, depicts or describes, in a patently offensive way, sexual conduct and when, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.

Knowingly means being aware of the character of the matter.

Matter means any book, magazine, newspaper, video, recording or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials. The term "matter" also includes live or recorded telephone messages when transmitted, disseminated or distributed as part of a commercial transaction.

Minor means any natural person under 18 years of age.

Person means any individual, partnership, firm, association, corporation or other legal entity.

Public display.

(1) The term "public display" means the display of harmful material in a place open to the public, including any display on business premises.

(2) The term "public display" does not include display in a place from which minors are excluded.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is unlawful for any person to knowingly exhibit matter which is harmful to minors in any public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the exhibited matter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any person violating this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted.

(b) Any person so convicted shall be:

(1) Guilty of an infraction offense and punished by a fine not exceeding:

a. $100.00 for a first violation;

b. $200.00 for a second violation.

(2) For the third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(c) Notwithstanding subsection (b) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)