It is the purpose of this chapter to regulate the public display
by retailers of obscene materials, particularly where such materials
are likely to be viewed by minors, and thereby control and minimize
any adverse effects.
As used in this chapter, the following terms shall have the
meanings indicated:
KNOWINGLY
A.
Having knowledge of the character and content of the material
described herein; or
B.
Having failed to exercise reasonable inspection which would
disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
Any description, narrative account, display or depiction
of a specified anatomical area or specified sexual activity contained
in or consisting of a picture or other representation or publication
which, by means of posing, composition, format or animated sensual
details, emits sensuality with the sufficient impact to concentrate
prurient interest on the area or activity.
RETAILER
Any person who operates a store, newsstand, booth, concession
or similar business with access for persons under 18 years of age,
who is in the business of making sales of periodicals or other publications
at retail containing pictures, drawings and photographs, whether such
sales are either the primary focus of such business or are an ancillary
aspect to such retail business.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breast below a point immediately above the
top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation or arousal;
or
B.
Any act of masturbation, sexual intercourse or deviate sexual
intercourse; or
C.
Fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock or female breast.
No retailer who operates a store, newsstand, booth, concession
or similar business, with unimpeded access or an unimpeded view of
obscene materials by persons under 18 years of age, or is in the business
of making sales of periodicals or other publications at retail, shall
display or permit to be displayed at its business premises any obscene
material at a height of less than five feet or without a blinder or
other covering placed over the material displayed so as to completely
cover any specified anatomical area. The public display of the obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
[Amended by Ord. No. 06-03]
Any person who violates this chapter shall be subject to penalties as stated in §
1-5, General penalty. Each day that such obscene materials shall be on display shall be deemed to be a continuing and separate violation.