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128 ORDINANCE NO. 128 4W AN ORDINANCE OF THE CITY OF GRAND TERRACE RELATING TO VIEWING RESTRICTIONS OF PUBLICLY DISPLAYED EXPLICIT MATERIALS WITHIN THE CITY OF GRAND TERRACE THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions. Unless otherwise stated, words and terms are defined as follows: (a) EXHIBIT means to show. (b) HARMFUL MATTER means 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. (c) KNOWINGLY means being aware of the character of the matter. (d) 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. MATTER also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction. (e) MINOR means any person under 18 years of age. (f) PERSON means any individual, partnership, firm, association, corporation, or other legal entity. Section 2. Requirement of Blinder Racks. No material which is harmful to minors shall be displayed in any public place, other than a public place from which minors are excluded, unless "blinder racks" are placed in front of the material, so that the lower two-thirds (2/3) of the material is not exposed to view. Section 3. Penalty. Any person who violates this chapter is guilty of a misdemeanor, punishable in accordance with the provisions of Chapter 1, Section 1.16.020 of this Code. 4 ORDINANCE NO. 128 (W PAGE 2 Section 4. Effective date. This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day after its adoption. Section 5. Validity. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would of passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases be declared invalid. Section 6. Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council. First read at a regular meeting of the City Council of said City held on the llth day of October, 1990, and finally adopted and ordered posted at a regular meeting of said City Council on the 25th day of October, 1990. 4W MA R of the City of i3rana Terrace an of the City Council thereof. ATTEST: i�_O'Z.0 tit. CITY CLERK 4 ORDINANCE NO. 128 4W PAGE 3 I, JUANITA BROWN, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of September, 1990, by the following vote: AYES: ounciayor remTemsGPaetnil�ayoseM,jisgney, Carlstrom NOES: None ABSENT.• None ABSTAIN: None CITY CLERK Approved as to form: CITY A E 4