When an affidavit filed against a person charging him with the violation of any of the provisions of this act, the court or judge thereof shall examine said affidavit to determine if the material alleged to be obscene referred to in said affidavit is sufficient to justify further proceedings in the prosecution thereof. If the judge determines that said alleged harmful material is not, on its face, unlawful he shall dismiss the affidavit. If the judge determines that said alleged obscene material set out in the affidavit does, on its face, constitute sufficient cause to proceed with the prosecution, the judge shall fix a time and place for a hearing to determine whether probable cause exists for the issuance of a warrant of arrest and the court shall direct the Clerk of the court to issue notice immediately with a copy of the affidavit attached to the person against whom the affidavit is filed giving said person at least five (5) days notice of said hearing and that said person may subpoena witnesses and present evidence at said hearing. The hearing shall, in no event, be held later than ten (10) days following the issuance of said notice.
(Ord. No. 624, § 2, 11-13-74)