No person shall distribute or allow to be distributed, or place sexually explicit materials for distribution under circumstances where minors may obtain such materials. For the purpose of this section, a "minor" is defined as a person under the age of eighteen (18).
A. Sexually Explicit Materials Defined:
1. "Sexually explicit materials" are defined as printed materials which mention sexual gratification, the availability of sexual partners or provides addresses or telephone numbers to contact to meet other persons to fulfill sexual desires.
2. Sexually explicit materials may not be distributed under circumstances, or on a premises where the distributor knows that minors are allowed or may be present.
3. For distribution where a location is not restricted to adults only, the distributor must request proof of age.
B. Exemptions:
1. No school employee, administrator, or teacher shall be liable for distribution of sexually explicit materials which are part of a course on human sexuality, biology, or sex education.
2. No person shall be liable for the distribution of sexually explicit materials as part of an educational program to prevent pregnancy or the spread of sexually transmitted diseases.
3. No librarian or library employee shall be liable for the distribution of sexually explicit materials if such material is distributed as a part of the circulation policies of a public library or library district.
4. No doctor, nurse, health practitioner, or other medical professional shall be liable for distribution of sexually explicit materials as a part of their practice, for sexual education, prevention of pregnancy, family planning or prevention of sexually transmitted diseases.
5. It shall not be a violation of this section for newspapers of general circulation to publish personal ads or notices directed to other adults.
C. Penalties:
1. Materials in violation of this section are subject to immediate seizure by the chief of police. The chief shall notify the publisher thereof on the next business day that the sexually explicit materials are being held and that they may be picked up by an authorized representative of the publisher who shall be provided with a copy of this section.
2. Prior to the first court date for any citations issued by the police department pursuant to this section, the publisher of said seized materials may request a hearing in writing before the mayor. The hearing shall be scheduled to take place within fourteen (14) days of the receipt of a written request, and scheduled to take place at a time and place designated by the mayor. At the hearing, the parties may present any facts and evidence relating to the action taken by the police department. Based upon the record of said hearing, the mayor shall make a finding and shall sustain, modify or rescind any action taken by the police department. A written report of the hearing decision shall be furnished by the mayor to the publishers to whose material was seized.
3. Any person found by a court to have violated any subsection of this section shall be subject to a fine not to exceed five hundred dollars ($500.00) per violation. Each violation of this section shall constitute a separate violation subject to enforcement and penalty as provided herein.
4. A subsequent finding by a court of a violation of the provisions of this section shall subject the violator to the imposition of a fine not to exceed one thousand dollars ($1,000.00). (Ord. M-63-99, 12-20-1999)