[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 5-7-1985. Amendments noted where applicable.]
Consistent with MGL c. 272, §§ 28 through 31, or as may be amended, and the definitions contained therein, no person having custody, control or supervision of any commercial establishment shall knowingly display the covers (front or back) of any magazines, newspapers or periodicals which are harmful to minors as defined in MGL c. 272, § 31, or as may be amended, in such a way that minors, as part of the invited general public, will be exposed to view such magazines, newspapers or periodicals; provided, however, that a person shall be deemed not to have displayed said magazines, newspapers or periodicals to said minors if said magazines, newspapers or periodicals are sheathed in opaque covers or kept behind devices commonly known as "blinder racks" so that only the title and no more than 1/3 of the cover (front or back) of said magazines, newspapers or periodicals is exposed to view.
It shall be an affirmative defense to any prosecution under this chapter that said material was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and by persons acting in their capacity as employees or agents of such persons or organizations, and which institution displays, presents or disseminates such said material for a bona fide governmental, educational or scientific purpose.
Any person who shall be convicted of violating any provision of this chapter shall be fined a sum not exceeding $300. Each day that any violation of this chapter occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Each of said materials prohibited by this chapter shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number of an issue or other such identical material shall constitute a single offense.