[Adopted 9-29-1980 by Ord. No. 80-132]
It shall be unlawful and a misdemeanor, punishable
as authorized by state law, for any person to promote or possess with
intent to promote any obscene material when knowing of its content
and character. Each day that said violation continues may be treated
as a separate offense.
A person who promotes obscene material or possesses
the same with intent to promote it, in the course of his business,
is presumed to do so with knowledge of its content and character.
For the purposes of this article, the following
terms shall have the meanings indicated:
Anything tangible, capable of being used or adapted to arouse
interest, whether through the medium of reading, observation, sound
or in any other manner.
Any material or performance is "obscene" if the average person,
applying contemporary community standards, would find that, considered
as a whole, its predominant appeal is to the prurient interest in
sex and depicts or describes, in a patently offensive manner, actual
or simulated sexual intercourse, sodomy, sexual bestiality, masturbation,
sadism, masochism, excretion or lewd exhibition of the genitals and,
considered as a whole, it lacks serious literary, artistic, political
and scientific value. Predominant appeal shall be judged with reference
to ordinary adults, unless it appears from the character of the material
or the circumstances of its dissemination to be designed for children
or other specially susceptible audiences.
To manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmute, publish, distribute, circulate, disseminate,
present, exhibit or advertise or to offer or agree to do the same.
A.
A person who promotes or wholesale promotes obscene
material or possesses the same with intent to promote or wholesale
promote it, in the course of his business, is presumed to do so with
knowledge of its content and character.
B.
A person who possesses six or more identical or similar
obscene articles is presumed to possess them with intent to promote
the same.
[Added 6-2-1986 by L.L. No. 3-1986]
Violation of this article is punishable by a
fine not exceeding $1,000 or by imprisonment not exceeding six months,
or by both fine and imprisonment. Each day or any portion of which
any violation of this article is committed, permitted or continued
shall constitute a separate offense.
