[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.]
GENERAL REFERENCES
Abatement of nuisances — See Ch. 205.
A.Â
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.[1]
B.Â
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.
