(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry of the character and content of any material described in this section.
MATERIAL. Any book, magazine, leaflet, pamphlet, newspaper, or other printed or written material or any picture, drawing, photograph, film, negative, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.
OBSCENE. Any material which:
(a) The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex; and
(b) The work depicts or describes patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibition of the genitals or genital area; and
(c) The work taken as a whole lacks serious literary, artistic, political, or scientific value.
PROMOTE. To produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise or offer to agree to do any of these things.
(B) It shall be unlawful for any person within the town to knowingly promote any obscene material.
(C) It shall be unlawful for any person who operates a business in the town, and for any employee, including but not limited to a ticket seller, ticket taker, usher, motion picture machine operator, or any other person, or any independent contractor or agent, connected with or Employed by such person, to knowingly exhibit or show, or to knowingly aid or assist in the Exhibition of, any obscene motion picture, slide or exhibit in the town.
(D) It shall be unlawful for any person to place, mark, post, draw or cause to be placed, posted, marked or drawn upon any fence, billboard, building, door, wall, pavement, or other surface exposed to the public view, any obscene, indecent, offensive or profane work, writing, picture, representation or drawing.
(E) Any violation any of the provisions of this section or failure to comply with the provisions hereof shall be considered a class 1 misdemeanor with a minimum fine of no less than $250 per violation. Every day of such violation shall constitute a separate offense.
(1974 Code, § 10-1-17) (Ord. 12-006, passed 8-8-2012) Penalty, see § 130.99