[1]
Editor’s note(s)–Ord. of Jan. 5, 1981 did not specifically amend the Code, hence inclusion as Art. II, secs. 17-21–17-24, was at the discretion of the editor.
From and after the effective date of this article, it shall be unlawful for any person, firm or corporation, to sell, distribute or display harmful material to minors.
A person commits an offense, if, knowing the theme of the material:
(1) 
He sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) 
He displays harmful material at newsstands or other business establishments frequented by minors or where minors are or may be invited as part of the general public;
(3) 
He hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in subsection (1) or (2) of this section.
(Ordinance adopted 1/5/81, sec. 1(A))
For purposes of this article the following definitions of terms shall be used:
(1) 
Minor means an individual younger than seventeen (17) years of age.
(2) 
Harmful material means material whose dominant theme taken as a whole:
(a) 
Depicts, describes, or represents:
(i) 
Sexual conduct;
(ii) 
With less than complete opaque covering, an individual’s genitals, pubic area, or buttocks or a female individual’s breast or portion of breast below the top of the nipple;
(iii) 
An individual’s genitals in a state of sexual stimulation or arousal;
(iv) 
Flagellation or other torture by or of an individual in a revealing costume or who is fettered, bound, or otherwise physically restrained;
(v) 
Masturbation or excretory functions, or
(vi) 
Fondling of an individual’s clothed or unclothed genitals, pubic area, or buttocks or of a female individual’s clothed or unclothed breasts, and
(b) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors, applying contemporary community standards, and
(c) 
Lacks serious literary, artistic, political, or scientific value for minors.
(3) 
Individual shall mean any person, firm, business association or corporation.
(Ordinance adopted 1/5/81, sec. 1(B))
Any individual who violates any provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense under this article is punishable by a fine not to exceed two hundred dollars ($200.00).
(Ordinance adopted 1/5/81, sec. 1(C))
Should any section or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ordinance adopted 1/5/81, sec. 1(D))