§ 11-173. Findings and purpose

(a) The city council does hereby find and declare as follows:

(1) The California Legislature has provided in California Penal Code Section 313.1 that a city may adopt an ordinance which restricts the display of material which is harmful to minors, as defined in California Penal Code Section 313, in a public place, other than a public place from which minors are excluded, by requiring 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.

(2) The display of material which is harmful to minors, as defined in California Penal Code Section 313, in a public place is occurring at businesses which are open to the public and where minors frequent in the City of Costa Mesa.

(b) The purpose of this chapter is to restrict the display of material which is harmful to minors, as defined in California Penal Code Sections 313 and 313.1, in a public place, other than a public place from which minors are excluded, by requiring 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. No. 93-19, § 1, 11-15-93)