It is unlawful to commit obscenity.
A person commits obscenity when, with knowledge of the nature
or content thereof, or recklessly failing to exercise reasonable inspection
which would have disclosed the nature or content thereof, he:
A. Sells, delivers, or provides, or offers or agrees to sell, deliver
or provide any obscene writing, picture, record, or other representation
or embodiment of the obscene; or
B. Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene;
or
C. Publishes, exhibits, or otherwise makes available anything obscene;
or
D. Performs an obscene act or otherwise presents an obscene exhibition
of his body for gain; or
E. Creates, buys, procures or possesses obscene matter or material with
intent to disseminate it in violation of this article, or of the penal
laws or regulations of any other jurisdiction; or
F. Advertises or otherwise promotes the sale of material represented
or held out by him to be obscene, whether or not it is obscene.
[Amended 2-6-2017 by Ord.
No. 994]
The creation, purchase, procurement, or possession of a mold,
engraved plate or other embodiment of obscenity specially adapted
for reproducing multiple copies, or the possession of more than three
copies of obscene material shall be prima facie evidence of an intent
to disseminate.
It shall be an affirmative defense to obscenity that the dissemination:
A. Was not for gain and was made to personal associates other than children
under 18 years of age.
B. Was to institutions or individuals having scientific or other special
justification for possession of such material.
[Amended 2-6-2017 by Ord.
No. 994]
Any person who shall violate any of the provisions of this article
shall be guilty of a Class A misdemeanor and subject to a fine in
an amount not to exceed $2,500, imprisonment of less than one year,
or both such fine and imprisonment.