(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY. The area within the limits of the Town of Lakeside.
MATERIAL. Anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.
OBSCENE. Material or a performance that:
(a) The average person, applying contemporary community standards, would find that, taken as a whole, appeals to the prurient interest in sex;
(b) Depicts or describes:
1. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, heterosexual or homosexual, including sexual intercourse, sodomy, and sexual bestiality; or
2. Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibitions of genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs.
(c) Taken as a whole, lacks serious literary, artistic, political, and scientific value.
OBSCENE DEVICE. A device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
PATENTLY OFFENSIVE. So offensive on its face as to affront current community standards of decency.
PERFORMANCE. A play, motion picture, dance, or other exhibition performed before an audience.
(B) Proscribed acts. A person commits an offense if, knowingly:
(1) He or she sells or possesses for sale any obscene material;
(2) He or she sells or possesses for sale any obscene device; and/or
(3) He or she presents commercially an obscene performance or participates in that portion of the performance that makes it obscene.
(C) Minors. A person commits an offense if, in a business establishment open to persons under the age of 17 years, he or she displays a book, pamphlet, newspaper, or magazine which depicts:
(1) Human sexual intercourse, masturbation, or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast under the top of the areola; or
(4) Human male genitals in a discernibly turgid state, whether covered or uncovered, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual or perversion for commercial gain.
(D) Affirmative defense. It is not innocent but calculated purveyance which is prohibited. This section shall not apply to persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this section when the possession, distribution, or conduct occurs in the course of law enforcement activities or in the course of bona fide scientific, educational, or comparable research or study or like circumstances of justification.
(E) Injunction. The Town Attorney is authorized to bring suit for injunction against any establishment which purveys obscene material or obscene devices or displays sexually explicit material to minors and this shall be in addition to the criminal sanctions imposed by this section.
(F) Publication. The Town Secretary is hereby authorized to cause publication of this descriptive caption and penalty clause of this section as an alternative method of publication provided by law.
(G) Effective date. This section shall be in full force and effect from and after the date of its passage and publication as above specified.
(Ord. 107, passed 8-7-1984)