(A) Obscene pictures. No person shall display on any street or alley or in any store, shop, or public place in the city any vulgar or obscene pictures, marks, words, or representation of any kind.
(Prior Code, § 130.37)
(B) Public display of sexually-explicit materials.
(1) Declaration of policy and findings. The City Council does find that there exists an increasing trend in the display of sexually-explicit material in commercial establishments in such a manner that the material is within the open view of minors and is thereby easily accessible to them. The City Council further finds that the public display of such material is adverse and detrimental to the health, safety, and welfare of its citizens, particularly minors, and the peace and dignity of the city and, as a matter of policy, such display should be regulated under the police power of this city.
(2) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWINGLY. Having knowledge of the character and content of the cover of the material or failing to exercise reasonable inspection which would disclose the character and content of the cover of the material.
MINOR. Any person under the age of 18 years.
PUBLIC DISPLAY. The placing, exposing, or exhibiting of sexually-explicit material in or on a newsstand, display rack, window, showcase, display case, or similar place so that the material is easily visible from a public thoroughfare, sidewalk, or from that portion of the interior of any business or commercial establishment frequented by minors or where minors are or may be invited as part of the general public.
SEXUALLY-EXPLICIT MATERIAL. Any book, magazine, or newspaper which contains on the cover any photograph, picture, drawing, depiction, or other visual representation depicting human sexual intercourse, masturbation, homosexual acts, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person who is nude or clad in revealing or bizarre costumes, uncovered or less than opaquely covered post-pubertal human genitals, or pubic areas or the exposure of the female breast or breasts below the top of the nipple, except those of infants.
(3) Prohibited acts.
(a) It shall be unlawful for any person to knowingly place on public display sexually-explicit material in any business establishment frequented by minors or where minors are or may be invited as a part of the general public.
(b) However, such sexually-explicit material may be displayed on any shelf, rack, stand, or ledge which has an opaque screen or border of sufficient height so that only the title of any such material is visible and shall be bound by tape, plastic, or other method of sealing to prevent a minor from viewing the contents.
(4) Unlawful sales. It shall be unlawful for any person, firm, corporation, salesclerk, or other legal entity to sell to a minor such material as is covered under this section.
(Prior Code, § 130.38)
Penalty, see § 131.99
Statutory reference:
Obscene literature and exhibitions, see G.S. § 14-190.1