La Habra Municipal Code Ch. 9.06 Harmful Matter

The council of the city of La Habra finds and declares that:

A. The purpose of this chapter is to promote the public peace, morals, health, safety and general welfare by regulating the placement and appearance of adult material which is accessible to minors.

B. The public display of pictorial material depicting nudity and sexual conduct in publications contained in open newsracks located on businesses open to the public and assessable to minors is patently offensive and harmful to minors and other patrons when readily visible to them, and is detrimental to a healthy moral environment to which persons of the city are entitled.

C. Such public displays of harmful matter are thrust indiscriminately on children and unwilling adults and constitute assaults upon individual privacy.

D. The purpose of this chapter is to promote the public health, safety, and general welfare of persons in the city.

(Ord. 1538 § 1, 1998)

For the purpose of the provisions of this chapter the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:

"Blinder rack"

means an apparatus containing any harmful matter for purposes of sale to the public, constructed or modified so that the bottom two-thirds of said harmful matter is obscured from view.

"Harmful matter"

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

"Matter"

means any book, magazine, newspaper, periodical, record or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any mechanical, chemical or electrical reproduction or any other articles or material.

"Minor"

means any natural person under eighteen years of age.

(Ord. 1538 § 1, 1998)

No person shall display any harmful matter in a public place which is accessible to minors. Compliance with this section may be effected by the placement of blinder racks in front of the matter so that at least the lower two-thirds of the material is not exposed to view.

(Ord. 1538 § 1, 1998)

A. Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city or district attorney, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.

B. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 1538 § 1, 1998)