[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as § 19-2 of Ch. 19 of the 1973 Code; amended 10-2-1975. Subsequent amendments noted where applicable.]
Abatement of nuisances — See Ch. 205.
It shall be unlawful and a misdemeanor, punishable by one year's imprisonment or a fine of $1,000, or both, 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/her business is presumed to do so with knowledge of its content and character.
For purposes of this chapter, the following definitions are applicable:
- 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; if it depicts in a patently offensive manner, actual or simulated, sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals; and if, 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 designated for children or other especially susceptible audience.
- Anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
- 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.