9.52.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings as ascribed to them by this section:

(Ord. 342 § 1(part), 1980: prior code § 4800).

9.52.020 - Sealing of materials.

No person shall for commercial purposes knowingly display, cause to be displayed, or permit to be displayed in any business at any time open to minors (unless accompanied by a parent or guardian) any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person in this community such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book, magazine, or other publication or matter is sealed in a plastic wrapper, is stapled closed, or is by any other means sealed in such a manner as to reasonably restrict and deter its being opened prior to sale, whereby such photograph or pictorial representation may become exposed to the view of any minor.

(Ord. 342 § 1(part), 1980: prior code § 4801).

9.52.030 - Exemption to sealing.

As defined by this chapter in Section 9.52.020, any book, magazine, or other publication or matter need not be wrapped, stapled closed or sealed when displayed from an area which places such book, magazine, or other publication or matter reasonably beyond the reach of any minor; provided, that no such book, magazine or other publication or matter depicts any photograph or pictorial representation, as defined in Section 9.52.020, on its cover or elsewhere, whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor, in which case, such photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this chapter.

Also exempted shall be any publication classified as a newspaper containing at least forty percent of its columnar inches devoted to news, current events and public commentaries, (and capable of being entered as second class matter in the U.S. Post Office) with a bona fide subscription list of at least one percent of the population of this city. Further exempted shall be materials in public libraries and in bona fide theatrical productions.

(Ord. 342 § 1(part), 1980: prior code § 4802).

9.52.040 - Posting of signs.

Any business, in which for commercial purposes, there is displayed any book, magazine, or other publication or matter which depicts any photograph or pictorial representation as defined by Section 9.52.020 and which is not wrapped, stapled closed, sealed or covered as required by Sections 9.52.020 and 9.52.030, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read: "Notice, this business displays sexually explicit materials. Admission of minors is prohibited by law unless accompanied by a parent or guardian. Irwindale Municipal Code Chapter 8, Article IV." Said sign shall be not less than two inches in height.

(Ord. 342 § 1(part), 1980: prior code § 4803).

9.52.050 - Minor need not view or gain control of material.

To commit a violation of Sections 9.52.020 or 9.52.030, it is not required that a minor have actually viewed or physically gained control of any book, magazine or other publication or matter as defined by Sections 9.52.020 or 9.52.030, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by Sections 9.52.020 or 9.52.030.

(Ord. 342 § 1(part), 1980: prior code § 4804).

9.52.060 - Defense in prosecution.

It shall be a defense in any prosecution for any violation of this chapter that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance or contemporary county-wide reputation would not cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 9.52.020. It may also be evidence of a violation of this chapter in any such prosecution that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance, or contemporary county-wide reputation would cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 9.52.020.

(Ord. 342 § 1(part), 1980: prior code § 4805).

9.52.070 - Exemption of parent or guardian.

Nothing in this chapter shall prohibit any parent or guardian from having his child or ward accompany him into any business otherwise in violation of any of the provisions of this chapter.

(Ord. 342 § 1(part), 1980: prior code § 4806).

9.52.080 - Persons exempt.

The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication or matter as defined in Sections 9.52.020 or 9.52.030, shall apply only to persons having proprietary interest in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this chapter.

(Ord. 342 § 1(part), 1980: prior code § 4807).

9.52.090 - Exemption of business person.

Nothing in this chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine, or other publication or matter which depicts any photograph or pictorial representation as defined in Section 9.52.020; provided, that the minor is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who, when not accompanied by a parent or guardian, presented false documentation of being at least eighteen years of age, when to the average and prudent person such documentation would appear legitimate.

(Ord. 342 § 1(part), 1980: prior code § 4808).

9.52.100 - Penalties—Prior convictions.

Every person who violates any provision of this chapter is guilty of an infraction. Every person who having been twice convicted for any violation of this chapter, is, upon each subsequent violation, guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or thirty days, or both; provided, that both of the prior violations occurred within two-year period of the subsequent violation.

(Ord. 342 § 1(part), 1930: prior code § 4809).

9.52.110 - Public nuisance.

Any violation of this chapter is declared to be a public nuisance which may be abated as provided by law in addition to any infraction of misdemeanor offenses.

(Ord. 342 § 1(part), 1980: prior code § 4810).