Fontana Municipal Code Art. III Advertising and Display of Adult Materials

The city council finds that it is in the interest of public health, safety and welfare of the citizens of the city to protect minors from viewing publicly displayed harmful matter, and that pursuant to Penal Code § 313.1(d) and (e) the city is authorized to adopt ordinances which restrict the display of harmful matter to minors by the use of blinder racks. The city council further finds that there exists an increasing trend toward the display of harmful matter, within the meaning of Penal Code § 313, at grocery stores, convenience stores, video stores and other retail outlets, as well as from newsracks, within the city, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum. This article is enacted for the purpose of reducing the adverse impacts of such harmful matter upon minors.

(Ord. No. 1076, § 1(3-34), 4-20-93)

The following words, terms and phrases, when used in this article, 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 obscure the lower two-thirds of any material displaying harmful matter.

Harmful matter, as defined in accord with Penal Code § 313(a)(1)(2), means matter which, when taken as a whole, appeals predominately to the prurient interests of the average person and, when applying contemporary statewide standards with respect to what is suitable material for minors, lacks significant literary, artistic, political, educational, or scientific value for minors.

Matter, as defined in accord with Penal Code § 313(b), means any book, magazine, newspaper, 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.

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

Prurient interest means a shameful or morbid interest in nudity, sex, or excretion, to an extent that is patently offensive to the prevailing standards in the adult community as a whole.

(Ord. No. 1076, § 1(3-35), 4-20-93)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) It shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter to a minor in a public place other than a public place from which minors are excluded.

(b) Harmful matter is not displayed if it is located in an area which places such material reasonably beyond the reach of any minor, and a device commonly known as a blinder rack is placed in front of such harmful matter.

(c) Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code § 313.1(e) which requires the creation of a separate area within his business establishment for the placement of video recordings or harmful matter and for the display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

(d) Any newsrack which offers for sale harmful matter must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds of any material displaying harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds of the material and which is fastened securely to the material may be used in lieu of a blinder rack.

(Ord. No. 1076, § 1(3-36), 4-20-93)

Every day that this article is violated shall result in a separate violation of this article. Every violation of this article shall be punishable as a misdemeanor.

(Ord. No. 1076, § 1(3-37), 4-20-93)