Visalia Municipal Code Ch. 12.44 Blinder Racks

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

"Display" means to place in plain view.

"Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is a matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks significant literary, artistic, political or scientific value for minors.

1. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group;

2. In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is prohibitive with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political or scientific value for minors.

"Matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials.

"Minor" means any natural person under eighteen (18) years of age. (Prior code § 5401)

No person, including any individual, partnership, firm, association, corporation, cooperative association or other legal entity shall display harmful matter in a public place, other than a public place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower two-thirds of the material is not exposed to view. (Prior code § 5400)

Any person who violates any provision of this chapter is guilty of an infraction, and upon conviction is punishable by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of this chapter within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. A person who violates the provisions of Section 12.44.030 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. (Prior code § 5402)