§ 32-2. Distribution of harmful matter.

(a)

Blinders required. No person shall distribute, show, or otherwise display in any location which is visually accessible to minors, any harmful matter, as defined in subsection (b) of this section without the placement of a completely opaque material covering the display such that the lower two-thirds of the material is not exposed to view.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Harmful matter means any 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.

Minor means any natural person under the age of 18 years.

Location visually accessible to minors means any location on a public or private street, sidewalk, or right-of-way as well as any location on private property which is visible from a public street, sidewalk or other right-of-way or from an area in which the public is invited and minors are not excluded.

(c)

Punishment. A violation of this section shall be a misdemeanor punishable according to the general penalties described in section 2-350 (Misdemeanor penalty).

(Code 1975, § 18-25; Ord. No. 94-05, § 1)

State law reference

Authority of City to require blinders in front of material harmful to minors, Penal Code § 313.1(d).