(A) It shall be unlawful for any person, firm, or corporation to throw, cast, distribute, deposit, place, hand out, or distribute to any person in or upon any public street, alley, or park, or to place in, or upon, any automobile or other vehicle, or upon private premises without having first obtained the permission of the owner thereof, any notice, circular, paper, or printed or written matter, or any sample which advertises for sale any merchandise, product, or commodity or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for gain or profit.
(B) Nothing in this section shall be deemed to prohibit the right to deliver noncommercial notices or other printed materials to those who are willing to receive the same.
('61 Code, § 4-1.01) (Ord. 42 N.S., passed - - ; Am. Ord. 218 N.S., passed - - ; Am. Ord. 156 C.S., passed 10-19-70)
(A) No person, including any individual, partnership, firm, association, corporation or other legal entity shall display harmful matter in a public place, other than a public place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower two-thirds of the material is not exposed to view.
(B) For the purposes of this section
HARMFUL MATTER means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is to prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion; and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political education, or scientific value for minors.
(C) When it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.
(D) In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicates that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational, or scientific value for minors.
(E) MATTER. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, 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.
(F) DISPLAY. To place in plain view.
(G) MINOR. Any natural person under 18 years of age.
('61 Code, § 4-1.02) (Ord. 536 C.S., passed 12-20-89)