(a) Definitions. For purposes of this section:
(1) "Knowingly" means to have knowledge of or be aware of the content or character of obscene matter.
(2) "Matter" means 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 materials.
(3) "Individual" means any human being regardless of age.
(4) "Obscene" means matter which the average individual applying contemporary community standards would find:
A. Taken as a whole, appeals to the prurient interest;
B. Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and
C. The matter, taken as a whole, lacks serious literary, artistic, political or scientific value, and which either:
1. Depicts or describes patently offensive representations of masturbation, excretory functions, lewd exhibition of the genitals, sodomy, fellatio, cunnilingus, bestiality, sadism, masochism; or
2. Depicts or describes nudity or sexual acts of persons, male or female, below the age of eighteen years.
(5) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(6) "Prepare" means to produce, publish or print.
(7) "Public display" means the placing of materials on or in a billboard, viewing screen, theatre, marquee, newsstand, display rack, window, showcase, display case or similar public place so that material can be purchased or viewed by individuals.
(8) "Lewd exhibitionism" means the display, causing or permitting to display publicly, by any person, in bars, showbars, clubs, or any place within the City to which the public is invited, or solicited, of the body parts and activities defined as obscene in subsection (a)(4) hereof, and all its subparts.
(b) Injunctive Relief. The Circuit Court shall have jurisdiction to issue an injunction to enforce the purposes of this section upon petition by the attorney for the Municipality or a representative thereof or any application. No bond shall be required unless for good cause shown.
(c) Activities Prohibited; Penalties. Any person who knowingly sends or causes to be sent or causes to be brought into the Municipality for sale or public display, or prepares, sells or makes a public display, or in the Municipality offers to prepare, sell or make a public display, or has in his possession with the intent to sell or make a public display of any obscene matter to any individual or who knowingly causes or permits lewd exhibitionism to occur in the Municipality as defined in subsection (a) hereof, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days or both fined and imprisoned.
A person convicted of a second or subsequent offense under this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both fined and imprisoned.
(d) Employees Acting Within Scope of Employment Shall Not Be Prosecuted.
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 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.
(e) Exceptions. Nothing in this section shall be construed so as to apply to any person exercising a right secured by the Constitution or laws of this State or of these United States.
(Ord. 98-24. Passed 6-15-98.)