(A) Pursuant to Section 3-18-17 NMSA 1978, which allows a municipality to prohibit and suppress the sale, possession or exhibition of obscene publications, prints, pictures, illustrations; and as enabled by Section 6D, Article X of the New Mexico Constitution and Article I and Article IV, Section 8 of the City Charter of the city.
(B) Nothing in this article is intended to cover, affect, include, or proscribe the specific conduct which is prohibited or regulated as to minors by Sections 30-37-1 through 30-37-10 NMSA 1978. Neither is this article intended to apply to any matter used in a bona fide program of medical or psychological treatment by licensed personnel, or distributed or displayed not-for-profit by a publicly owned or other nonprofit library or used in a bona fide educational program of a bona fide educational institution; while used, distributed, displayed or sold or held for use, distribution, display, or sale exclusively under these conditions. Nor is this article intended to apply to mere possession of obscene material in a private home for exclusively private use.
('74 Code, § 12-9-1) (Ord. 65-1988)