[Adopted 3-10-1997 by Ord. No. 3-97-2]
As used in this article, the following terms shall have the
meanings indicated:
An attempt to ascertain the true age of a minor by requiring
production of a driver's license, marriage license, birth certificate
or other governmental or educational identification card or paper
and not relying solely on the oral allegations or apparent age of
the minor.
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse, when the material or performance, taken as a whole, has the
following characteristics:
The average adult person applying contemporary community standards
would find that the material has a predominant tendency to appeal
to prurient interest in sex in minors.
The average adult person applying contemporary community standards
would find that the material depicts or describes nudity, sexual conduct,
sexual excitement or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards in the adult community with respect
to what is suitable for minors.
The material lacks serious literary, scientific, educational,
artistic or political value for minors.
Having general knowledge of, or reason to know, or a belief
or grounds for belief, which warrants further inspection or inquiry
of both:
The character and content of any material which is reasonably
susceptible of examination by the defendant.
The age of the minor; however, an honest mistake shall constitute
an excuse from liability hereunder if the defendant made a reasonable
bona fide attempt to ascertain the true age of such minor.
Any book, magazine, newspaper, pamphlet, poster, print, picture,
figure, image or description.
Any unmarried person under the age of 18 years.
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering; the showing of
the female breast with less than a full opaque covering of any portion
thereof below the top of the nipple; or the depiction of covered male
genitals in a discernible turgid state.
Any individual, partnership, association, corporation or
other legal entity of any kind.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
No person having custody, control or supervision of any commercial
establishment shall knowingly:
A.
Display material which is harmful to minors in such a way that minors,
as a part of the invited general public, will be exposed to view such
material; provided, however, a person shall be deemed not to have
"displayed" material harmful to minors if the material is kept behind
devices commonly known as "blinder racks" so that the lower 2/3 of
the material is not exposed to view.
B.
Sell, furnish, present, distribute, allow to view or otherwise disseminate
to a minor, with or without consideration, any material which is harmful
to minors.
C.
Offenses, minors. Any person under 18 years of age who falsely states,
either orally or in writing, that he is not under the age of 18 years,
or who presents or offers to any person any evidence of age and identity
which is false or not actually his own for the purpose of ordering,
obtaining, viewing or otherwise procuring or attempting to procure
or view any harmful material, is guilty of a violation of this article.
D.
Defenses. It shall be an affirmative defense to any prosecution under
this article that the material involved was displayed, presented or
disseminated to a minor at a recognized and established school, church,
museum, medical clinic, hospital, public library, governmental agency,
quasi-governmental agency and persons acting in their capacity as
employees or agents of such persons or organizations, and which institution
displays, presents or disseminates such material or performance for
a bona fide governmental, educational or scientific purpose.
A.
General penalty. Any person who shall violate any of the provisions
of this article shall, upon conviction of such violation, be subject
to a penalty, unless otherwise provided, which shall be as follows:
(1)
First offense, penalty. Any person who shall violate any provision
of this article subject to a penalty shall, upon conviction thereof,
forfeit not less than $25 nor more than $250 together with the costs
of prosecution and, in default of payment of such forfeiture and costs
of prosecution, shall be imprisoned in the County Jail until said
forfeiture and costs are paid, but not exceeding 90 days.
(2)
Second offense, penalty. Any person found guilty of violating any
provision or part of a provision of this article who shall previously
have been convicted of a violation of the same ordinance within one
year shall, upon conviction thereof, forfeit not less than $30 nor
more than $500 for each such offense together with the costs of prosecution
and, in default of payment of such forfeiture and costs, shall be
imprisoned in the County Jail until said forfeiture and costs of prosecution
are paid, but not to exceed six months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Continued violations. Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this article
shall preclude the Village from maintaining any appropriate action
to prevent or remove a violation of any provision of this article.
