(a) Actual notice of the obscene nature of such material, performance or activity may be given to a person involved in or responsible for such from the City Prosecutor on the basis of information lawfully gathered and supplied to him or her by the Division of Police or citizens.
(1) Such notice shall be in writing and delivered by mail or in person to the alleged offender.
(2) Such notice shall state that:
A. In the opinion of the City Prosecutor the activity engaged in falls within the prohibitions of Section 619.17;
B. If such activity has not ceased within three (3) judicial days, the City will take appropriate legal action;
C. A declaratory judgment proceeding as described in Section 619.19(b) is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.
(b) A person who promotes any obscene activity as prohibited in Section 619.17 in the course of his or her business is presumed to do so with knowledge of its content and character.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)