Signal Hill Municipal Code Ch. 9.52 Display of Sexually Explicit Materials

As used in this chapter, the following terms are defined as follows:

A. "Explicit sexual acts" means depictions of sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone 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 genital, pubic region, pubic hair, perineum, anus or anal region.

B. "Sexually explicit material" means a form of commercially published and distributed material which exposes to public view any of the following:

1. Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their predominate purpose or effect sexual arousal, gratification, or affront; or

2. Any picture or illustration depicting genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its predominate purpose or effect sexual arousal, gratification or affront; or

3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its predominate purpose or effect sexual arousal, gratification or affront.

C. "Person" means any individual, partnership, firm, association, corporation or other legal entity.

D. "Knowingly" means being aware of the character of the sexually explicit material either directly, or because of its outward appearance or its reputation.

E. "Business" means any place where a profession, trade, calling or enterprise is conducted for which a business license or permit is required in accordance with Title 5 of this code except as specifically provided in Chapter 9.48.020(c) of this title.

F. "Display for sale" means placed within reach, and accessible to any member of the public; provided, however, the term "display for sale" does not include the inventory shelving or storing of magazines, books or commercially published and distributed publications reasonably beyond the reach of customers or the public.

G. "Opaque display insert" means an opaque piece of material which is placed in front or on top of a stack of magazines or other publications displayed for sale in the event that said magazines or other publications have covers depicting sexually explicit material. An opaque display insert shall have minimum dimensions sufficient to completely cover from public view the cover of a magazine or other publication when such cover depicts sexual material. An opaque display insert may contain the name, title, logo and/or other printed information regarding the publication which opaque display insert covers from public view.

(Ord. 81-1-864 § 1)

A. No person shall knowingly display for sale, or knowingly cause or permit to be displayed for sale in any business any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means sealed in such a manner as to prevent its opening and examination by any member of the public prior to the time of sale.

B. No person shall knowingly display for sale the cover of a book, magazine or other publication in any business if said cover depicts sexually explicit material unless the cover of said publication is covered from public view by an opaque display insert.

C. No provision of this chapter shall apply to any business which is not open to persons under the age of eighteen and which has a sign posted at each door intended for public entrance which shall read: "Notice, this business displays sexually explicit materials. Admission of persons under eighteen years of age unless accompanied by a parent or guardian is prohibited." The letters composing such sign shall be a minimum of three inches high.

(Ord. 81-1-864 § 2)

Every person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding fifty dollars for a first violation and a fine not exceeding one hundred dollars for a second violation of the same provision within one year. Every person who has been twice convicted of violating the same provision of this chapter within one year, is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. 81-1-864 § 3)