Chapter 9 — NEWSRACKS AND BLINDER RACKS

Section

10-9-1 Purpose and findings

10-9-2 Definitions

10-9-3 Display of certain matter prohibited

10-9-4 Protection of minors

10-9-5 Violations of chapter

The City Council finds that the unrestricted display, and/or maintenance of materials that is harmful to minors as defined in this chapter, in a public place, other than a public place from which minors are excluded, interferes with the public’s general

welfare and is especially inappropriate to minors. The City Council intends by this chapter to restrict the display and/or maintenance of materials containing harmful matter where minors are not allowed, and to cause concealment of harmful matters in areas where minors are allowed.

(Ord. 494, passed 4-18-2000)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLINDER RACK. For the purposes of this chapter, shall mean a display or merchandise rack which covers or conceals portions of the merchandise so as to prevent the casual observer from viewing portions of the merchandise.

NEWSRACK. Any self-service or coin operated box, container, storage unit or other dispenser installed, used or maintained for the display or distribution or sale of publications.

PUBLIC RIGHT-OF-WAY. Any place of any nature which is dedicated to use by the public for pedestrian travel, and includes, but is not limited to, sidewalk, curb, parkway, lane, mall, court, park, square and any other similar public way.

ROADWAY. That part of a public right-of-way that is designated and used primarily for vehicular traffic.

(Ord. 494, passed 4-18-2000)

Publications offered for sale from newsracks placed or maintained on a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from the public right-of-way any of the following:

(A) Any statements or words described in explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront;

(B) Any picture or illustration of genitals, pubic hair, perineum, anuses or anal regions of any person where such picture or illustration has had as its purpose or effects sexual arousal, gratification or affront; and

(C) Any picture or illustration depicting explicit sexual acts where such picture illustration has as its purpose or effect sexual arousal, gratification or affront. EXPLICIT SEXUAL ACT as used in this section means depictions of sexual intercourse, oral copulation, anal intercourse or oral-anal copulation, bestiality, sadism, masochism, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed above or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal, involving any physical contact with a person’s genitals, pubic region, pubic hair, perineum, anus or anal region.

(Ord. 494, passed 4-18-2000)

No persons shall knowingly display or cause to be displayed, on a public right-of-way or any other place opened to the public where minors are not excluded, any harmful matter as defined in the Cal. Penal Code § 313, and in § 10-9-3 of this chapter unless such matter is displayed in newsracks equipped with the devices commonly known as “blinder racks” affixed in such a manner that the lower two-thirds of the matter is not exposed to view.

(Ord. 494, passed 4-18-2000)

A violation of this chapter is a misdemeanor offense as more particularly described in §1-4-1(A) of this code.

(Ord. 494, passed 4-18-2000)