[CC 1979 §57.010; Ord. No. 1673 §1, 12-5-1989]
This Article shall be known and may be cited as the "Anti-Display
Ordinance".
[CC 1979 §57.020; Ord. No. 1673 §1, 12-5-1989]
[CC 1979 §57.030; Ord. No. 1673 §1, 12-5-1989]
As used in this Article, the following definitions apply unless
the context clearly indicates another meaning:
To show, make visible, present, exhibit or otherwise provide,
i.e., an arrangement designed to advertise or induce to purchase.
That quality or any description or representation, in whatever
form, of nudity, sexual conduct or sexual excitement when it:
Predominantly appeals to the prurient interest of minors in
sex;
Is patently offensive to the prevailing standards in the adult
community as a whole with respect to what is suitable materials for
minors; and
Considered as a whole, lacks serious literary, artistic political
or scientific value for minors.
Having general knowledge of, or reason to know, or a ground
for belief which warrants further inspection or inquiry concerning:
Any book, magazine, pamphlet, newspaper or other written
matter, picture, drawing, photograph, motion picture film, pictorial
representation, statue, figure, recording, transcription or anything
which is or may be used as a means of communication.
Any person under the age of eighteen (18) years.
The showing of the human male or female genitals or pubic
area or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernible turgid state.
Any material or performance is obscene if:
The average person, applying contemporary adult community standards,
would find that, taken as a whole, the material or performance appeals
to the prurient interest in sex;
The average person, applying contemporary adult community standards,
would find that, taken as a whole, the materials or performance depicts,
describes or portrays in a patently offensive way human sexual intercourse,
sodomy, bestiality, oral copulation, masturbation, urinary and defecatory
functions, sadism, masochism, sado-masochistic abuse, lewd exhibition
of the genitals or any touching of the genitals, pubic areas or buttocks
of the human male or female or the breast of the female, whether alone
or between members of the same or opposite sex or between humans and
animals in an act of apparent sexual stimulation or gratification;
and
The reasonable person, when taking the materials or performance
as a whole, would find that it lacks serious social, literary, artistic,
political or scientific value.
Any play, motion picture film, dance or other exhibition
performed before an audience of one (1) or more.
Any natural person, firm, partnership, co-partnership, association
or corporation of any kind.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or the breast of a female in an act of apparent sexual stimulation
or gratification; or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
[CC 1979 §57.040; Ord. No. 1673 §1, 12-5-1989]
A.
It
is unlawful for any person commercially and knowingly to exhibit,
display, sell, offer to sell, give away, circulate, distribute or
attempt to distribute any material which is harmful to minors in its
content in any place where minors are or may be present or allowed
to be present and where minors are able to view such material unless
each item of such material is at all times kept in a sealed wrapper.
B.
It
is also unlawful for any person commercially and knowingly to exhibit,
display, sell, offer to sell, give away, circulate, distribute or
attempt to distribute any material whose cover, covers or packaging,
standing alone, is harmful to minors in any place where minors are
able to view such material unless each item of such material is blocked
from view by an opaque cover. The requirement of an opaque cover shall
be deemed satisfied concerning such material if those portions of
the cover, covers or packaging containing such material harmful to
minors are blocked from view by an opaque cover.
[CC 1979 §57.050; Ord. No. 1673 §1, 12-5-1989]
A.
A person
commits the crime of furnishing pornographic material to minors if,
knowing its content and character, he/she:
1.
Furnishes any material pornographic for minors knowing that the person
to whom it is furnished is a minor or acting in reckless disregard
of the likelihood that such person is a minor; or
2.
Produces, presents, directs or participates in any performance pornographic
for minors that is furnished to a minor knowing that any person viewing
such performance is a minor or acting in reckless disregard of the
likelihood that a minor is viewing the performance.
[CC 1979 §57.055; Ord. No. 1673 §1, 12-5-1989]
It shall be unlawful for any person knowingly to exhibit to
a minor or knowingly to sell to a minor an admission ticket or pass
or knowingly to admit a minor to premises whereon there is exhibited
a performance, as defined herein, which is harmful to minors if the
minor is unaccompanied by his/her parent or lawful guardian.
[CC 1979 §57.060; Ord. No. 1673 §1, 12-5-1989]
A.
A person
who promotes or displays material or possesses the same with the intent
to promote or display it in the course of his/her business is presumed
to do so knowingly for monetary consideration.
B.
A person
who possesses six (6) or more identical or similar materials is presumed
to posses them with intent to promote or display them for monetary
consideration.
[CC 1979 §57.065; Ord. No. 1673 §1, 12-5-1989]
A.
In
any prosecution under this Article, it is an affirmative defense that
the persons to whom obscene material was disseminated or displayed
or the audience to an obscene performance consisted of persons or
institutions having scientific, educational, governmental or other
similar justification for possessing or viewing the same.
C.
In any prosecution under this Article, pursuant to Section 210.530 and Section 210.540, it is an affirmative defense that:
1.
The defendant had reasonable cause to believe that the minor involved
was eighteen (18) years old or more; and
2.
Such minor exhibited to the defendant a draft card, driver's license,
birth certificate or other official or apparently official document
purporting to establish that such minor was eighteen (18) years old
or more.
[CC 1979 §57.070; Ord. No. 1673 §1, 12-5-1989]
[CC 1979 §57.075; Ord. No. 1673 §1, 12-5-1989]
A.
Any person violating Sections 210.520, 210.530 or 210.540 of this Article shall upon conviction be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than ninety (90) days, or by both such fine and imprisonment.
B.
Any
person, association, company, corporation or partnership of persons
which is required to obtain a business license from the City of Sullivan
who in the course of doing business for which the license was issued
has been convicted of a violation of any Section of this Article shall,
after the second (2nd) such conviction within two (2) calendar years
from the first (1st) conviction, have its license suspended for a
period of thirty (30) days. Upon a third (3rd) conviction of a violation
of any Section of this Article within three (3) years from the first
(1st) conviction, the business license of that person, association,
company, corporation or partnership shall be revoked for a period
of one (1) year, running from the date of said conviction.
