Orange County Municipal Code Art. 5 Contents of News Racks

As used in this article:

News rack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway which is not open to vehicular travel.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel.

Sidewalk means any surface provided for the exclusive use of pedestrians.

Street means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

(Ord. No. 2844, § 1, 6-10-75)

No person shall sell, offer for sale, or keep or maintain any newspaper or news periodical in any news rack on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing, contained within such publication, displaying any obscene matter, as such term is defined in Penal Code section 311(a), or any of the following:

(1) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;

(2) Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty.

(Ord. No. 2844, § 1, 6-10-75; Ord. No. 98-15, § 62, 12-8-98)