(A) Obscene materials and performances.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OBSCENE. Material, if:
1. It depicts or describes any of the following types of sexual conduct:
a. Ultimate sexual acts, normal or perverted, actual or simulated;
b. Masturbation;
c. Excretory functions; or
d. Lewd exhibition of the genitals.
2. To the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest in sex;
3. The material is patently offensive because it affronts contemporary community standards in its description or representation of the sexual conduct; and/or
4. The material, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) Acts constituting obscenity enumerated. A person commits obscenity when, with knowledge of the nature of contents thereof, or recklessly failing to exercise reasonable inspection which would disclose the nature of contents thereof:
(a) He or she sells within the village, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, filmstrip or slide;
(b) He or she offers to sell within the village, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, filmstrip or slide;
(c) He or she distributes or gives away within the village, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, filmstrip or slide;
(d) He or she offers to or attempts to give away within the village, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, filmstrip or slide;
(e) He or she prints or publishes within the village, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, filmstrip or slide;
(f) He or she exhibits or shows within the village, any obscene photograph, drawing, motion picture, filmstrip or slide;
(g) He or she produces, directs or plays a part within the village in any obscene play;
(h) He or she advertises for sale within the village any obscene book, magazine, pamphlet, paper, photograph, motion picture film, phonograph record, filmstrip or slide;
(i) He or she advertises for viewing within the village, any obscene motion picture, play, filmstrip or slide;
(j) He or she publicly performs any obscene act or otherwise publicly presents an obscene exhibition of his or her body within the village;
(k) He or she buys or produces in the village, for resale in the village, any obscene book, magazine, pamphlet, paper, photograph, motion picture film, filmstrip, slide or phonograph record; and/or
(l) He or she buys, leases or procures in the village, for showing in the village for gain, any obscene motion picture, filmstrip or slide.
(B) Obscene conduct. It shall be unlawful for any person to urinate or stool in any place open to the public view or to be guilty of any lewd, lascivious or obscene conduct or to sing any lewd or obscene song, ballad or other words in any public place or any other place where other persons are present or to indecently exhibit any animal.
(C) Obscene objects. It shall be unlawful for any person to exhibit, pass, give or deliver to another any obscene, lewd or indecent mold, case or figure or to have same in his or her possession.
(Prior Code, § 5-4-7-(1)) (Ord. 593, passed 2-2-1976) Penalty, see § 134.99