Victorville Municipal Code Ch. 13.31 Display of Harmful Matter

"Material which is harmful to minors" shall have the same meaning as "harmful matter" as set forth at subsection (a) of Section 313 of the California Penal Code, or any successor thereto.

"Matter" shall have the same meaning as set forth at subsection (b) of Section 313 of the California Penal Code, or any successor thereto.

"Person" shall have the same meaning as set forth at subsection (c) of Section 313 of the California Penal Code, or any successor thereto.

"Distribute" shall have the same meaning as set forth at subsection (d) of Section 313 of the California Penal Code, or any successor thereto.

"Knowingly" shall have the same meaning as set forth at subsection (e) of Section 313 of the California Penal Code, or any successor thereto.

"Exhibit" shall have the same meaning as set forth at subsection (f) of Section 313 of the California Penal Code, or any successor thereto.

"Minor" shall have the same meaning as set forth at subsection (g) of Section 313 of the California Penal Code, or any successor thereto.

"Public place" means any public right-of-way, including every street, parkway and sidewalk; any lot, parcel, building or structure owned or leased by any public entity; and any private property to which the public in general is invited or permitted to enter upon, whether for a fee or otherwise, during such time as the public may enter upon such property. "Public place" does not include any place which would otherwise qualify pursuant to this subsection if minors are excluded from such place and if all material harmful to minors located in such place is so located as not to be visible from any public place outside of the place from which minors are excluded.

(Ord. 2098, § 3 (part), 2005)

No person shall display material which is harmful to minors in any public place, or in any way where such material is visible from a public place, unless the display of such material is restricted by the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.

(Ord. 2098, § 3 (part), 2005)

A person may comply with the requirements of this chapter by physically segregating material which is harmful to minors from other items in a manner so as to physically prohibit the view of the material by minors, and by prominently posting at the entrance(s) to such restricted area "Adults Only - You Must Be 18 To Enter," or other words to that effect, and by enforcing such restrictions.

(Ord. 2098, § 3 (part), 2005)

A. It is unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter.

B. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine not exceeding two thousand dollars or by imprisonment in the county jail for not more than one year, or both such fine and imprisonment.

C. Each such person shall be guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

D. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated as such by the city through civil process by means of restraining order, preliminary or permanent injunction, or any other manner provided by law for the abatement of such nuisances and every day such condition continues shall be regarded as a new and separate offense.

(Ord. 2098, § 3 (part), 2005)