Chapter 9.11
ADULT READING MATERIAL
Sections:
9.11.010 Legislative findings.
9.11.030 Display of adult reading material – Limited.
9.11.010 Legislative findings.
The city council finds that there exists and has existed the display of adult reading material at grocery stores, drug stores, convenience stores, newsracks, and other retail outlets within the city. Said adult reading material has been displayed within the open view of minors and may be easily accessible to them. The city council finds and declares that it is necessary to restrict the display of adult reading material to minor and to adopt the following regulations so that the adverse impact upon the welfare of minors from this sexually explicit material is kept to a minimum. (Ord. 1446 §1(part), 1991).
9.11.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
“Adult reading material” means any magazine or newspaper which contains on the cover any photograph, picture, drawing, or depiction of any of the following which is distinguished or characterized by an emphasis on matter depicting, describing or relating to:
1. The exposure of the entire nipple area or entire areola area of any female breast or breasts, except those of infants;
2. The exposure of the entire genitalia or buttocks of either male or female, except those of infants.
This definition of “adult reading material” does not include any of the following type of publications, which the city council finds by their context or pervasiveness do not present a similar public problem with respect to minors:
1. Any art or photography 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;
2. Any news periodical which reports or describes current events, and which, from time to time, publishes photographs of nude or semi-nude persons in connection with dissemination of the news;
3. Publications which describe and report on different cultures, and which may, from time to time, publish photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the publication; or
4. Medical publications or bona fide educational publications.
“Display” means (1) exhibiting for sale from newsracks, newsstands, or shelves, located on or in the public right-of-way, in a manner which exposes to public view adult reading material, or (2) exhibiting for sale from racks or shelves in the immediate vicinity of a checkout counter or a cash register of any grocery store, convenience store, drug store, or similar general retail store in a manner which exposes adult reading material to customers waiting to pay for retail items purchased at the store.
“Person” means any individual, partnership, firm, association, corporation or other legal entity. (Ord. 1446 §1(part), 1991).
9.11.030 Display of adult reading material – Limited.
No person shall display adult reading material, or permit or allow the display of adult reading material, except as follows: the shelf, rack, stand or ledge upon which adult reading material is displayed for sale shall have an opaque screen or border of sufficient height so that only the title of any adult reading material is visible. (Ord. 1446 §1(part), 1991).
9.11.040 Violations.
Any violation of the provisions of this chapter shall be unlawful and subject to punishment as a criminal offense, as provided under Chapter 1.16 of the Vacaville Municipal Code. Every day any violation of this chapter continues constitutes a separate offense. (Ord. 1446 §1(part), 1991).
9.11.050 Exceptions.
Section 9.11.030 shall not apply to any establishment or portion thereof where entry of any person under eighteen years of age is prohibited and as to which a notice has been posted accordingly. (Ord. 1446 §1(part), 1991).
9.11.060 Public nuisance.
In addition to the criminal penalty provisions provided by the Vacaville Municipal Code, violation of any section or sections of this chapter is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.10. (Ord. 1446 §1(part), 1991).
(Ord. 1721, Amended, 09/10/2004)