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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />A. Any statements or words describing specified sexual activities or anatomical areas, as <br />defined in Chapter 18.49, Section 18.49.020 of CMC Title 18, where such statements or <br />words have as their purpose or effect sexual arousal, gratification or affront; <br />B. Any picture or illustration of genitals, pubic hair, perinea, anuses, or anal regions of any <br />person where such picture or illustration has as its purpose or effect sexual arousal, <br />gratification or affront; <br />C. Any picture or illustration depicting specific sexual acts where such picture or illustration <br />has as its purpose or effect sexual arousal, gratification or affront. <br />12.45.120 Impounding of news racks. <br />A news rack may be impounded for being in violation of CMC 12.45.030, 12.45.080, <br />12.45.090, 12.45.100 or 12.45.110 under the following conditions: <br />A. The Code Compliance Officer must attach a tag upon the particular news rack found in <br />violation. Thereafter, a written notice of the violation in accordance with CMC Chapter 8.12 <br />shall be sent within two working days to the permittee designated in CMC 12.45.060(A) and <br />the person in immediate charge of the news rack as designated in CMC 12.45.060(C). The <br />permittee or person in immediate charge of the news rack must correct the violation within 10 <br />calendar days from the date on the tag or request an appeal pursuant to CMC Chapter 8.12, <br />Section 8.12.060 within that same time for the purpose of demonstrating that the particular <br />news rack is not in violation. The director may impound the news rack if the violation is not <br />corrected or an appeal is not requested in writing within 10 calendar days from the date of the <br />tag. <br />B. Notwithstanding the impound provisions of this section, the Director may immediately <br />correct any violation of CMC 12.32.090 and, if such violation is creating a dangerous or <br />hazardous condition, may immediately impound any such news rack. If the news rack is <br />impounded pursuant to this section, a written notice of such action shall be sent to the <br />permittee and person in immediate charge of the news rack within two working days after the <br />impoundment. The permittee or person in immediate charge of the news rack may request an <br />appeal within 10 calendar days from the date of service of the written notice pursuant to CMC <br />Chapter 8.12 for the purpose of demonstrating that the particular news rack was not in <br />violation and should not have been impounded. Notices made pursuant to any section of this <br />chapter shall be deemed served and effective upon the date the notice is provided in person, or <br />by email or facsimile machine, or two calendar days after sending by first class mail. <br />12.45.130 Return of impounded news racks._ <br />