A. Definitions: As used in this section, the words set out in this subsection mean as follows:
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief which 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 material 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:
1. The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex.
2. The work depicts or described 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.
3. 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. Promotion Of Obscene Material:
1. It shall be unlawful for any person within the city to promote any obscene material.
2. Upon notification that any person has violated this subsection or any federal law or statute of the state which relates to the exhibition, sale, distribution or transportation of obscene materials, the city council may suspend the license of such person to operate the business in connection with which such conviction was obtained for a period of not less than five (5) days nor more than sixty (60) days or may institute other appropriate disciplinary action against such person as is deemed appropriate.
C. Exhibition Of Motion Pictures, Slides Or Exhibits:
1. It shall be unlawful for any person who operates a business in the city, 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 exhibit or show, or to aid or assist in the exhibition of, any obscene motion picture, slide or exhibit in the city.
2. Any person who violates any of the provisions of this section or fails to comply with the provisions hereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine allowed by law for the commission of a misdemeanor, or by imprisonment in the city jail for not more than six (6) months, or any combination of such fine and imprisonment. Every day of such violation shall constitute a separate offense.
3. Upon notification that any person has violated this section or any federal law or statute of the state which relates to the exhibition, sale, distribution or transportation of obscene materials, the city council may suspend the license of such person to operate a movie theater within the city for a period of not less than five (5) days nor more than sixty (60) days or may institute other appropriate disciplinary action against such person as is deemed appropriate.
D. Placing In Public View: Every person who shall 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 public view, any obscene, indecent, offensive or profane word, writing, picture, representation or drawing is guilty of a misdemeanor.
E. Nuisance Designated: Any person who knowingly prints, copies, manufactures, prepares, produces, reproduces, publishes, sells, rents, leases, loans or in any other manner distributes, for a monetary consideration, or exhibits or has in his possession with intent to sell, rent, lease, loan or in any other manner distribute, for a monetary consideration, any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure image, or any written or printed matter of an obscene character, or which is or contains an article or instrument of obscene use or purpose, or purports to be for an obscene use or purpose, or in any other respect defined in subsection A of this section, shall be guilty of maintaining a nuisance.
F. Action Upon Nuisance Finding: Upon a specific finding by the city council that any person is conducting his business in violation of this section, the council shall refer the matter to the city attorney who shall, without further directions from the council, take whatever action against such person as he shall see fit, including, but not limited to, the filing of appropriate proceedings for the abatement of such nuisances in any court of competent jurisdiction.
G. Destruction By Court Order: Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the city attorney, or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.
H. Penalty: Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine allowed by law for the commission of a misdemeanor, or by imprisonment in the city jail for not to exceed six (6) months, or any combination of such fine and imprisonment. Every day of such violation shall constitute a separate offense. (Ord. 48, 1-26-1989)