533.17 DISPLAYING MATERIAL HARMFUL TO JUVENILES.

   (a)   Definitions.

      (1)   "Store" means any drug store, drug or other discount store, confectionery, food or candy store, supermarket, bus terminal, air terminal, newsstand or any other retail or wholesale store, market place or outlet in which juveniles may be customers, and which offers for sale or distribution any material as defined herein. This definition does not include adult bookstores as defined in Chapter 709.

      (2)   "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape, or other tangible thing capable of arousing interest through sight or touch.

      (3)   "Juvenile" means an unmarried person under the age of eighteen.

      (4)   "Obscene" when considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is obscene if any of the following apply:

         A.   Its dominant appeal is to prurient interest;

         B.   Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way that tends to represent human beings as mere objects of sexual appetite;

         C.   Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;

         D.   Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;

         E.   It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral or artistic purpose.

      (5)   "Harmful to juveniles" means any material or performance is harmful to juveniles, if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:

         A.   It tends to appeal to the prurient interest of juveniles;

         B.   It contains a display, description or representation of sexual activity, masturbation, sexual excitement or nudity;

         C.   It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;

         D.   It contains a display, description or representation of human bodily functions of elimination.

            (Ord. 94056. Passed 3-6-77; Ord. 95178. Passed 9-7-77.)

         E.   It makes repeated use of foul language in any manner, orally or written, either on public or private property, which is visible or exposed to a juvenile. (Ord. 79-62. Passed 2-7-79.)

         F.   It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment, destruction or death of a human being.

         G.   It contains a display, description or representation of criminal activity that tends to glorify or glamorize the activity and that with respect to juveniles, has a dominant tendency to corrupt.

      (6)   "Person" means any individual, corporation, partnership or association which owns or operates a store as defined herein and means any person who is employed therein.

   (b)   Offense. No person shall display, exhibit or advertise any material which is obscure or harmful to juveniles in a location within or about a store where that material is readily accessible to juveniles for sale, observation, perusal or possession.

   (c)   Whoever violates this section is guilty of displaying material harmful to juveniles; if the material involved is harmful to juveniles but not obscene, violation of this section is a misdemeanor of the second degree; if the material involved is obscene, violation of this section is a misdemeanor of the first degree.

(Ord. 94056. Passed 3-6-77; Ord. 95178. Passed 9-7-77.)