Chapter 9.45 — DISPLAY OF HARMFUL MATTER IN PUBLIC VIEW

No person shall display in a public place, other than a public place from which minors are excluded, any material which is harmful to minors unless a device such as that commonly known as a “blinder rack” is placed in front of the materials or the material is otherwise displayed so that the lowest two-thirds of the material is not exposed to view. For purposes of this chapter, the phrase “material which is harmful to minors” means “matter” and “harmful matter” as those terms are defined in California Penal Code Section 313, and as such section may be amended from time to time. (Ord. 1032 § 2 (part), 2005)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and/or an administrative violation punishable as follows:

A. A violation of this chapter shall be an administrative violation as defined in Section
1.08.020. In addition to enforcement as set forth in Chapters 1.08 through 1.10, inclusive,
any violation of this chapter shall be punishable as a misdemeanor, which shall be
punishable by a fine not to exceed one thousand dollars or by imprisonment in the county
jail for not more than six months, or by both such fine and imprisonment.

B. Notwithstanding the procedure for administrative violations provided in Chapters 1.08
through 1.10, no notice to correct as provided in Section 1.09.023 shall be required prior to
issuance of a notice of administrative violation.

C. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be
available for enforcement of this chapter.

D. Based on the criteria for the imposition of administrative violations set forth in Section
1.09.014, a violation of a provision of this chapter committed by a non-management
employee shall be deemed a Level A violation, as that term is described in Section
1.09.012. Based on the criteria for the imposition of administrative violations set forth in
Section 1.09.014, a violation of a provision of this chapter committed by an owner or
manager shall be deemed a Level B violation, as that term is described in Section 1.09.012.
The range of monetary sanctions available for a violation of this chapter shall be as set forth
in Section 1.09.012(A).

E. Any person who violates any provision of this chapter shall be guilty of a separate offense
for each and every day which any such person commits, continues, permits, or causes a
violation thereof and shall be punished accordingly.
Nothing in this section shall be deemed or constituted to prevent the city from commencing any
civil proceeding otherwise authorized by law for the declaration and/or abatement of a public
nuisance.
(Ord. 1032 § 2 (part), 2005)