A. Obscenity Prohibited; Interpretation: It shall be unlawful for any person to sell, deliver, offer for sale, distribute, publish, print, exhibit or possess with intent to distribute, with knowledge of the nature or content thereof or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene or to present or to direct an obscene play or other performance or to perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise promote obscene material.
A thing shall be deemed to be obscene if the average person would find that the work taken as a whole appeals to a prurient interest and the work depicts or describes patently offensive representations or descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the human genitals. The work, taken as a whole, must lack serious literary, artistic, political or scientific value.
B. Affirmative Defense: It shall be an affirmative defense to obscenity that the dissemination: 1) was not for gain and was made to personal associates other than children under eighteen (18) years of age; 2) was to institutions or individuals having scientific or other special justification for possession of such material.
C. Nuisance Declared: That which is obscene under this section is hereby declared to be a nuisance.
D. Penalties And Seizure Of Materials: Any person violating the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00); a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur.
Upon judicial determination, obscene material shall be seized and disposed of as contraband. In addition, village authorities may apply for an injunction and other relief as necessary to abate the nuisance.
(Ord. 905, 1-6-1974)