[Ord. No. 1224 §1, 4-18-1996]
The following words, terms and phrases, when used in this Article
shall have the following meanings ascribed to them in this Section,
except where the context clearly indicates a different meaning:
Exposing, placing, posting, exhibiting or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing if from a street, highway
or public sidewalk or from the property of others.
Any pictorial or three (3) dimensional material depicting
human masturbation, deviate sexual intercourse, sexual intercourse,
direct physical stimulation of unclothed genitals, sadomasochistic
abuse or emphasizing the depiction of post-pubertal human genitals;
provided however, that works of art or of anthropological significance
shall not be deemed to be within the foregoing definition.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion picture film or pictorial representation, or any statue or
other figure, or any recording or transcription, or any mechanical,
chemical, electrical or electronic reproduction or anything which
is or may be used as a means of communication. The term "material"
includes undeveloped photographs, molds, printing plates and other
latent representational objects.
Any person under eighteen (18) years of age.
The showing of post pubertal human genitalia or pubic area,
with less than a fully opaque covering.
Any material or performance if, considered as a whole, applying
contemporary standards:
To manufacture, issue, sell, provide, mail, deliver, transfer,
publish, distribute, circulate, disseminate, present, exhibit, advertise
or to offer or agree to do same.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate or to offer
or agree to do the same for purposes of resale.
[Ord. No. 1224 §1, 4-18-1996]
A person commits the offense of promoting pornography if, knowing
its content and character, he:
[Ord. No. 1224 §1, 4-18-1996]
A person commits the offense of furnishing pornographic materials
to minors if, knowing its character and content, he:
(1)
Furnishes any pornographic materials 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 pornographic performance
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.
[Ord. No. 1224 §1, 4-18-1996]
A person commits the offense of public display of sexual material
if he knowingly:
[Ord. No. 1224 §1, 4-18-1996]
(a)
In any prosecution under this Article, evidence shall be admissible
to show:
(1)
What the predominant appeal of the material or performance would
be for ordinary adults or minors;
(2)
The literary, artistic, political or scientific value of the
material or performance;
(3)
The degree of public acceptance in this State, County and in
the local community;
(4)
The appeal to prurient interest in advertising or other promotion
of the material or performance;
(5)
The purpose of the author, creator, promoter, furnisher or publisher
of the material or performance.
(b)
Testimony of the author, creator, promoter, furnisher, publisher,
or expert testimony, relating to factors entering into the determination
of the issues of pornography, shall be admissible.
[Ord. No. 1224 §1, 4-18-1996]
Any person found in violation of this Article shall be fined
no less than one hundred dollars ($100.00), nor more than five hundred
dollars ($500.00) or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment. Each instance of violation
within a twenty-four (24) hour period may be deemed a separate violation.
[Ord. No. 1224 §1, 4-18-1996]
(a)
Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of Sections 15-56, 15-57 or 15-58, a civil action may be instituted in the Circuit Court by the City Attorney against any person violating or about to violate those Sections in order to obtain a declaration that the promotion, furnishing or display of such material or performance is prohibited. Such an action may also seek an injunction appropriately restraining promotion, furnishing or display.
(b)
Any action brought under this Section may be brought only in the
Circuit Court of the County in which any such person resides, or where
the promotion, furnishing or display is taking place or is about to
take place.
(c)
Any promoter, furnisher or displayer of, or a person who is about
to be a promoter, furnisher or displayer of the material or performance
involved, may intervene as of right as a party defendant in the proceedings.
(d)
The trial court and the appellate court shall give expedited consideration
to actions and appeals brought under this Section. The defendant shall
be entitled to a trial of the issues within one (1) day after joinder
of issue and a decision shall be rendered by the court within two
(2) days of the conclusion of the trial. No restraining order or injunction
of any kind shall be issued restraining the promotion, furnishing
or display of any material or performance without a prior adversary
hearing before the court.
(e)
A final declaration obtained pursuant to this Section may be used
to form a basis for an injunction and for no other purpose.
(f)
All laws regulating the procedure for obtaining declaratory judgments
or injunctions which are inconsistent with the provisions of this
Section shall be inapplicable to proceedings brought pursuant to this
Section. There shall be no right to jury trial in any proceedings
under this Section.
[Ord. No. 1027 §1, 6-16-1992; Ord. No. 2105 §1, 10-6-2009]
(a)
All property seized and held for evidence, after final disposition
of the cause in which such property was used as evidence, and all
lost property in the possession of the police department, which is
of such a nature that its possession or sale is unlawful, shall be
destroyed under the supervision of the chief of police. If lost property
in the possession of the police department is not claimed by its rightful
owner within a period of ninety (90) days or if property seized or
held is proven to be stolen property and the owner is unknown or the
owner does not claim such property within thirty (30) days after the
disposition of the cause in which the property has been used as evidence,
then such property shall be sold under the supervision of the chief
of police, provided that the possession or sale of such property is
lawful.
(b)
Such sales shall be held from time to time, as may be determined
by the chief of police, and a notice thereof containing a general
description of the articles to be sold shall be published in a local
community newspaper.
(c)
All proceeds of such sales shall be deposited in the general fund
of the city.
