(a) Title. This section shall be known as the “Town of Nutter Fort Obscene Material Ordinance”.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDIVIDUAL. Any human being regardless of age.
KNOWINGLY. To have knowledge of or to be aware of the content or character of obscene matter.
MATTER. Any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or material.
OBSCENE. Matter which the average individual applying contemporary community standards would find, taken as a whole, appeals to the prurient interest; depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and the matter, taken as a whole, lacks serious literary, artistic, political or scientific value, and which either:
(a) Depicts or describes patently offensive representation of masturbation, excretory functions, lewd exhibition of genitals, sodomy, fellatio, cunnilingus, bestiality, sadism, masochism; or
(b) Depicts or describes nudity or sexual acts of persons, male or female, below the age of 18 years.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PREPARE. To produce, publish or print.
PUBLIC DISPLAY. The placing of material on or in a billboard, viewing screen, theater, marquee, newsstand, display rack, window, showcase, display case or similar public place so that material can be purchased or viewed by individuals.
(c) Injunctive relief. The Circuit Court of Harrison County shall have jurisdiction to issue an injunction to enforce the purposes of this article upon petition by the attorney for the municipality or a representative thereof or any resident of the municipality who can show a good faith and valid reason for making such application. No bond shall be required unless for good cause shown.
(d) Activities prohibited. No person shall knowingly send or cause to be sent or cause to be brought into the municipality for sale or public display, or prepare, sell or make a public display, or in the municipality, offer to prepare, sell or make a public display, or have in his or her possession with the intent to sell or make a public display of, any obscene matter to any individual.
(e) Employees acting within scope of employment. No employee shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher or when such employee prepares, sells or makes a public display of obscene matter while acting within the scope of his or her regular employment, unless such employee has a proprietary interest in such obscene matter or is a shareholder or officer of a corporation which has a proprietary interest in such obscene matter.
(f) Exemptions. Nothing in this article shall be construed so as to apply to any person exercising a right secured by the Constitution or laws of the state or of the United States.
(g) Penalty. Whoever violates any provision of this article shall be fined not more than $500 or imprisoned not more than 30 days, or both. A person convicted of a second or subsequent offense under this article, shall be fined not more than $1,000 or imprisoned not more than 30 days, or both.
(Ord. passed - -2004)