Tracy Municipal Code Ch. 4.32 Displays of Sexually Explicit Reading Materials in Commercial…

The Council finds and declares that there exists in the City a tendency toward the display of adult magazines and books in liquor stores, grocery markets, drugstores, and other retail outlets in such a manner that children, often of tender years, are exposed to explicit sexual activity and the showing of human genitals and pubic regions in a sexually explicit manner. The Council finds that such exposure establishes a tone in the community inconsistent with morality and good order. The Council, therefore, finds that it is in the best interests of the public health, safety, and welfare to restrict the display of reading materials with sexually explicit covers and to adopt the following regulations so that the adverse impacts of such material on children and the community as a whole will be kept to a minimum.

(Prior code § 4-8.01)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Commercial establishment" shall mean any place of business in the City in which minors are permitted.

(b) "Sexually explicit cover" shall mean any picture, photograph, drawing, decoration, or other illustration depicting specified sexual activities or specified anatomical areas as defined in Section 10.28.804 of this code.

(Ord. 1040 § 5 Exh. E (part), 2002; prior code § 4-8.02)

No person shall display reading materials having sexually explicit covers in any commercial establishment in the City, except as provided in this chapter.

(Prior code § 4-8.03)

Reading materials having sexually explicit covers may be displayed in a commercial establishment in an area set aside and clearly posted for adults only. Adults only areas shall be visible from the cash register or sales center of the store. No item frequently purchased by children shall be located in the vicinity of the adults only area, and the materials with sexually explicit covers shall be displayed in such a manner that sexually explicit depictions are not readily visible to patrons in other areas of the store. Minors shall not be permitted to enter an adults only area.

(Prior code § 4-8.04)

Reading materials having sexually explicit covers may be displayed in an area open to the general public in a commercial establishment only if the cover depictions are not visible. Opaque display units showing only the top two (2") inches of magazine covers shall be deemed to comply with this section.

(Prior code § 4-8.05)

Notwithstanding any other section of this Code, no criminal penalty is provided for the violation of this chapter. Violations of any section of this chapter are declared to be a public nuisance and may be abated by the City.

Pursuant to section 38773.5 of the Government Code of the State, the costs of the abatement of such nuisances shall constitute a special assessment against the parcel on which the nuisance exists. Such assessments may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessments.

(Prior code § 4-8.06)

If any phrase, clause, sentence, section, or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, or provision, or the application of this chapter, which can be given effect without the invalid portion, and to this end the provisions of this chapter are declared to be severable.

(Prior code § 4-8.07)