(a) As used in this section:
(1) “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, a close-up view, pose or depiction in such a position or manner which presents or exposes such nudity to prominent, focal or obvious viewing attention.
(2) “Sadomasochistic sexual abuse” means actual or simulated flagellation, rape, torture or other physical or sexual abuse by or upon a person who is nude or partially denuded, or the condition of being fettered or bound for sexual gratification or abuse.
(3) “Visibly displayed” means that material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, showcase, display case or other similar display area that is visible from any part of the general public or otherwise; that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise; or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which a juvenile, as part of the general public or otherwise, has unrestrained and reasonably anticipated access and presence.
(4) “Knowledge of character” means having general knowledge or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven to direct or circumstantial evidence, or both.
(b) No person having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall do any of the following:
(1) Allow or permit any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on premises, or fail to prevent the same, if, in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public or otherwise, there is visibly displayed all or part of any book, magazine, newspaper or other form of material which is either harmful to juveniles, when taken as a whole, or contains on its cover, package or wrapping, or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals;
(2) Visibly display, exhibit or otherwise expose to view all or part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are or will probably be admitted or expose to view all or any part of such material from any public or private place; or
(3) Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.
(c) No person having custody, control or supervision of any outdoor or drive-in motion picture theater or arena, with knowledge of the character of the performance involved, shall knowingly present or participate in presenting the exhibition of a performance which is harmful to juveniles upon any outdoor or drive-in motion picture theater or arena screen, when such screen is visible and the performance is visibly displayed from a distance of less than 2,000 feet from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonably anticipated access and presence, except between 11:00 p.m. and 6:00 a.m. of the following day.
(d) Whoever violates division (b)(1) or (2) of this section is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (b)(3) of this section is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree. Whoever violates division (c) of this section is guilty of exhibiting harmful performance at an outdoor theater, a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on a second and subsequent offense.
(Ord. 81-009. Passed 7-21-81.)