(A) It shall be unlawful for any person to conduct himself or herself in a lewd or immoral manner in any public place within the city.
(B) It shall be unlawful for any person to appear in any public place within the city in a state of total nudity, or for any person to make an indecent public exposure of his or her person.
(C) It shall be unlawful for any person to urinate or defecate in any publicly exposed place within the corporate limits of the city.
(D) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
COMMUNITY. When used in connection with “contemporary community standards,” means the geographical area within the jurisdiction of the court hearing the case of the vicinage of the jury.
DISSEMINATE.
(a) To sell, lease or exhibit commercially;
(b) To offer or agree to do so; or
(c) To possess any material with intent to do so.
HARMFUL TO MINORS. The quality of any description or representation, in whatever form of sexually explicit nudity, sexually explicit conduct, sexual excitement or sado-masochistic abuse, when it:
(a) Predominantly appeals to the prurient, shameful or morbid interest of minors;
(b) Is patently offensive to prevailing standards in the adult community as a whole, with respect to what is suitable material for minors; and
(c) The material or performance, taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.
KNOWLEDGE OF CHARACTER.
(a) 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 knowledge when he or she knows or is aware that the material or performance contains, depicts, or describes sexually explicit nudity, sexually explicit activity, sado-masochistic sexual abuse or lewd exhibition of the genitals, whichever is applicable, whether or not the person has precise knowledge of the scientific contents thereof.
(b) The knowledge may be proven by direct or circumstantial evidence, or both.
MATERIAL. Any book, magazine, publication, paper, newspaper, pamphlet, article, poster, print, circular, illustration, picture, figure, written or printed card, letter, advertisement, writing, silhouette, drawing, image, cast, representation, description, motion picture film, film, preview or trailer.
MINOR. Any person under the age of 18 years.
OBSCENE MATERIAL. Any photographic product depicting actual human models or actors, whether in the form of still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape or a purely photographic product or a reproduction of the product in any book, pamphlet, magazine or other publication, if the items contain the elements set forth below:
(a) The obscene material has, as one of its participants or portrayed observers, a child under the age of 18 or who appears as prepubescent;
(b) The obscene material contains depictions or descriptions of sexual conduct which are patently offensive;
(c) The obscene material taken as a whole has, as the dominant theme, an appeal to prurient interest, as found by the average person applying contemporary community standards; and
(d) The obscene material taken as a whole lacks serious literary, artistic, educational, political or scientific purposes or value.
PERSON. Any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
SEXUAL CONDUCT. Any of the following:
(a) Acts of sexual intercourse, including any intercourse which is normal or perverted, actual or simulated;
(b) Acts of deviant sexual conduct, including oral and anal sodomy;
(c) Acts of masturbation;
(d) Acts of sado-masochistic abuse, including, but not limited to:
1. Flagellation or torture by or upon any person who is nude or clad in undergarments, or in a costume which is of a revealing nature; or
2. The condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed;
(e) Acts of excretion in a sexual context; or
(f) Acts of exhibiting human genitals or pubic areas. The types of SEXUAL CONDUCT described hereinabove are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT. The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
SEXUALLY EXPLICIT CONDUCT.
(a) Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including acts of sexual intercourse, fellatio, cunnilingus, analingus, whether between human beings or between a human being and an animal;
(b) Representations or descriptions of masturbation, excretory functions or lewd exhibition of the genitals; or
(c) Representations or descriptions of sadomasochistic sexual abuse, actual or simulated, physical or sexual abuse, by or upon a person who is nude or partially nude, or the condition of being fettered, bound or otherwise physically restrained for the actual or simulated purpose of sexual stimulation, gratification or abuse, or when represented in the context of a sexual relationship.
SEXUALLY EXPLICIT NUDITY. The sexually-oriented and explicit showing, by any means, including but not limited to close-up manner which present or expose the areas to prominent, focal or obvious viewing attention of any of the following: fully or partially uncovered human genitals, pubic area, perineum or anal region.
VISIBLY DISPLAYED. The material or performance is unavoidably visible on a billboard, viewing screen, display case or other similar display area that is visible from any part of the premises where the minor is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is unavoidably visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which the minor, as part of the general public or otherwise, has unrestrained and reasonably anticipated access and presence.
(E) Actual notice of the nature of the material harmful to minors may be given to a person involved in or responsible for such from the City Attorney, on the basis of information lawfully gathered and supplied to him or her by the Police Department or citizens. The notice shall be in writing and delivered by mail to the alleged offender. The notice shall state:
(1) In the opinion of the City Attorney, the activity engaged in falls within the prohibitions of this section;
(2) If the activity has not ceased within seven judicial days, the city will take appropriate legal action; and
(3) A declaratory judgment proceeding as described in this section is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is within the prohibition of this section.
(F) Any person receiving notice in writing from the City Attorney under this section may bring action against the city for a declaratory judgment to determine whether the activity is within the prohibitions of this section. If it is adjudged and declared by the Court that the activity is within the prohibitions of this section, the City Attorney may then cause the publication of the judgment in a newspaper of general circulation in the city, and, upon publication, all persons residing or doing business in the city will be presumed to have actual notice of the nature of the material.
(G) The City Attorney may cause criminal charges, to be brought against any person presently engaging in, or who has previously engaged in, any prohibited activity in violation of this section. If the City Attorney has given notice pursuant to this section, then the criminal charges may be brought only after seven judicial days after receipt of the notice.
(H) The following are affirmative defenses to a charge under this section.
(1) The minor exhibited to the defendant or his or her agent or employee a draft card, driver’s license, birth certificate, marriage license or other governmental or educational document purporting to show that the minor was 18 years of age or over, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the minor was under the age of 18 and did not rely solely upon the oral allegations or representation of the minor as to his or her age, or as to the knowing consent of the minor’s parent or lawful guardian.
(2) At the time the material was visibly displayed or otherwise furnished or presented to the minor involved, a parent or lawful guardian of the minor, with knowledge of its character, accompanied the minor or consented to the material being visibly displayed or otherwise furnished or presented to the minor.
(I) No person, firm or corporation shall knowingly permit, participate, offer to participate in the production, sale, lease, rent, exhibit, give away, distribution or dissemination of, whether for commercial or private use, any obscene material.
(2002 Code, § 131.06) Penalty, see § 131.99