(a)
Prohibited on street, sidewalk or alley.
It shall be
unlawful for the owner, manager, or operator of any business establishment
located within the corporate limits of the city to store, display,
or leave standing any goods, wares, or merchandise on any public sidewalk,
street, alley, or public right-of-way.
(b)
Creating unsightly appearance or unhealthy condition.
It shall be unlawful for the owner, manager, or operator of any business
establishment located within the corporate limits of the city to store,
display, or leave standing any goods, wares, or merchandise outside
the confines of the building in which such business is housed in such
a manner that said goods, wares, or merchandise create an unsightly
appearance or unhealthy condition.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 16)
All roadside vendors, of every kind and character, shall be
required to secure a permit to operate within the city limits. A fee
of five dollars ($5.00) shall be paid for each permit granted. A separate
permit and fee shall be required for each lease or term of operation.
Each permittee shall furnish a state sales taxpayer number and evidence
of approval of the property owner adjacent to the vendor’s location
of operation. The permit shall provide for an expiration date.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 10)
(a)
Exhibit
Distribute
Knowingly
Matter
Obscene material
Person
Prurient interest
Definitions.
For the purpose of this section, the following
words or phrases shall have the meaning herein set forth:
means to display or show any matter to any person under any
circumstances whatsoever, or to have available for display or show
any such matter under any circumstances whatsoever.
means to transfer possession of, whether with or without
consideration.
means having actual or constructive knowledge of the subject
matter. A person shall be deemed to have constructive knowledge of
the contents if he has knowledge of facts which would put a reasonable
and prudent man on notice as to the suspect nature of the material.
means any book, magazine, newspaper, or other printed or
written material or any picture, drawing, photograph, motion picture,
or other pictorial representation or any statue or other figure, or
any recording, transcription, or mechanical, chemical, or electrical
reproduction, or other articles, equipment, machines, or materials.
means material:
means any individual, partnership, firm, association, corporation,
or other legal entity, or any agent or servant thereof.
means a shameful or morbid interest in nudity, sex, or excretion
which goes substantially beyond customary limits of candor in description
or representation of such matters. If it appears from the character
of the material or the circumstances of its dissemination that the
subject matter is designed for a specially susceptible audience, the
appeal of the subject matter shall be judged with reference to such
audience.
(b)
Exhibition or distribution prohibited.
It shall be unlawful
for any person to knowingly exhibit or distribute, or offer to exhibit
or distribute, or have in his possession with the intent to exhibit
or distribute, any obscene matter within the city limits.
(c)
Evidence.
No prosecution shall be brought under the provisions of subsection (b) above without the introduction into evidence of the matter herein declared to be obscene.
(d)
Defenses.
The provisions of this section shall not apply
to persons who may exhibit or distribute obscene matter when such
exhibition or distribution occurs in the course of bona fide law enforcement
activities or in the course of scientific, educational, or comparable
research or study, or like circumstances of justification where such
exhibition or distribution is not related to the subject matter’s
appeal to prurient interest.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 12)
