Sonora Municipal Code § 9.46 Display of Harmful Matter to Minors

As used in this chapter, the following words and phrases shall have the following meaning:

"Adult material" means any magazine, newspaper, publication, poster, display or advertisement (including advertising appearing on the cover or wrapper or merchandise offered for sale or rent to the public) which contains on the outside, any photograph, picture, drawing or depiction of any of following:

1. The complete exposure of the entire nipple area or entire areola area of any female breast or breasts except those of infants; and

2. The complete exposure of the entire genitalia or buttocks of either males or females, except those of infants.

This definition of "adult material" does not include any art or photograph publication which devotes at least twenty-five percent of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, published photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population. The city council finds that medical publications or bona fide educational publications do not usually publish on their covers any photograph or depiction which is included in the definition of adult material and that, therefore, it is not necessary to define this type of publication.

"Display" means exhibiting or exposing adult materials so that the same are within the open view of patrons, invitee and visitors to the premises where such materials are located or are visible from any public street, thoroughfare, sidewalk or pedestrian way, or other residential or business premises. Display includes the exhibiting of adult material from newsracks or newspaper vending stands.

"Harmful matter" means 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 for minors.

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

(Ord. 653 (part), 1990.)

The Sonora city council does find that the display of adult materials at grocery stores, convenience stores, drug stores and other retail outlets within the city does exist. Said adult material is often displayed within the open view of children of tender years and is easily accessible to them. The city council further finds that this material is adverse to the general public peace, morals and good order of young children. The council further finds that it is in the best interest of the public safety, welfare and convenience of the city to control the display of adult material and to adopt the ordinance codified in this chapter to ensure that adverse impacts upon children are kept to a minimum.

(Ord. 653 (part), 1990.)

In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that material is being commercially exploited for the sales of its prurient appeal to minors, it will be strictly prohibited.

(Ord. 653 (part), 1990.)

No person shall display adult material, or permit or allow the display of adult material which includes: books, magazines, newspapers, video recording, or other pictorial representation or any statues or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or material. Material also includes live or recorded telephone messages, when transmitted, disseminated or distributed as part of a commercial transaction.

(Ord. 653 (part), 1990.)

"Minor" means any natural person under eighteen years of age.

(Ord. 653 (part), 1990.)

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, Section 313 of the California Penal Code, and shall, upon conviction thereof, be punished by a fine of not to exceed two thousand dollars, or imprisonment in the County Jail for a period not to exceed one year, or by both such fine and imprisonment.

(Ord. 653 (part), 1990.)

In addition to the criminal penalty provisions provided by this code, violation of any section or sections of this chapter is declared to be a public nuisance, and may be abated as such by the city.

(Ord. 653 (part), 1990.)

The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the displaying of harmful matter to minors, set forth by the state of California or elsewhere in the city's code.

(Ord. 653 (part), 1990.)