[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-14-1970 by Ord. No. 70-018]
No person shall knowingly sell, lend, give away,
distribute, show or transmute; offer to sell, lend, give away, distribute,
show or transmute; have in his or her possession with intent to sell,
lend, give away, distribute, show or transmute; advertise in any manner
or otherwise knowingly offer for loan, gift, sale or distribution,
any obscene, lewd, lascivious, filthy, indecent, sadistic or masochistic
book, magazine, pamphlet, newspaper, story paper, writing, paper,
phonograph record, picture, drawing, photograph, motion-picture film,
figure, image, wire or tape recording, or any written, printed or
recorded matter of an indecent character, which may or may not require
mechanical or other means to be transmuted into auditory, visual or
sensory representations of such character.
A.Â
The test to be applied in cases under this section and § 467-4 shall not be whether sexual desires or sexually improper thoughts would be aroused in those comprising a particular segment of the community, such as the young, the immature or the highly prudish, or would leave another segment, such as the scientific, highly educated or so-called worldly-wise and sophisticated, indifferent and unmoved, but rather the effect of the book, picture or other subject of complaint, considered as a whole, upon all those whom it is likely to reach, that is, its impact upon the average person in the community, not upon any particular class.
B.Â
The book, picture or other subject of complaint must
be judged as a whole in its entire context, not by considering detached
or separate portions only, and by the standards of the common conscience
of the community at the contemporary period of the violation charged.
A.Â
No person shall publish or distribute for resale or
for reading or other perusal any book, magazine or pamphlet so composed
as to constitute a compilation of pictures, illustrations, caricatures,
cartoons, words, series and advertisements, or any combination or
combinations thereof, featuring and primarily devoted, for the purpose
of commercial exploitation, to the description, portrayal or suggestion
of illicit sex, sexual relations, perversion, lust or sexual passion,
or to any combination or combinations thereof.
B.Â
No person shall, as a condition of a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, require that the purchaser or consignee receive for resale any other article, book or other publication which is prohibited by Subsection A hereof, or deny or threaten to deny any franchise, or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, books or publications, or by reason of the return thereof.
[Adopted 9-14-1970 by Ord. No. 70-019]
No person shall knowingly sell, distribute,
or import for the purpose of selling or distributing, to a person
under the age of 18 years, any obscene, lewd, lascivious, filthy or
indecent book, magazine, pamphlet, newspaper, story paper, writing,
paper, phonograph record, picture, drawing, photograph, motion-picture
film, figure, image, wire or tape recording, or any written, printed
or recorded matter of an indecent character, which may or may not
require mechanical or other means to be transmitted into auditory,
visual or sensual representations of such character, manifestly tending
to corrupt the morals of youth, or introduce such material into a
family, school or place of education, or buy, procure, receive or
have in his or her possession any such material, either for the purpose
of sale, exhibition, loan or circulation to a person under the age
of 18 years or with intent to introduce the same into a family, school
or place of education.
