Part 4

Conduct - Nuisance[Added by Ord. 75-8]

As used in this Section:

• A. OBSCENE MATTER — Means that matter defined by the Penal Code of the State of California, and the Courts of this State and the United States Supreme Court as being obscene matter.

• B. HARMFUL MATTER — Means that matter defined by Sections 313, et seq., of the Penal Code of the State of California.

• C. DISTRIBUTE — Shall mean sell, lend, give, transmit, exhibit, show or in any way furnish.

The distribution or possession for the purpose of sale, exhibition, reproduction, transmission or distribution of any obscene or harmful matter within the aforementioned definitions to a minor by one other than the parent or guardian of said minor in the following public places is hereby declared to be a public nuisance. In addition to any enforcement applicable under the Penal Code of the State of California, said public nuisance may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. Said public places are:

• A. Any school, school ground, public park or playground, or on any street or way within three hundred (300) feet of any school, school ground, public park or playground.

• B. Any place of business where ice cream, soft drinks, candy, food, food supplies, magazines, books, pamphlets, papers, pictures or postcards are sold or kept for sale.

• C. Any toilet or restroom open to the public.

• D. Any place where music, recording tapes, or records, photographs, motion pictures or transcriptions of any kind are made, used, maintained, sold or exhibited.