This city council hereby finds and determines as follows:
(1)
Materials
depicting nudity are being prominently displayed in various privately-owned
structures and devices which are located within the public rights-of-way
of this city.
(2)
Such
materials are thus readily available for viewing and examination by
minors unaccompanied by their parents or guardians.
(3)
Allowing
minors to so view and examine such materials will tend to have a detrimental
effect upon their understanding of the dignity of the human person,
their concept of a proper relationship between the sexes, and their
ability to make sound judgments in the field of sexual morality. This
in turn will have a detrimental impact upon the moral fiber of this
community and will impair the health, safety and general welfare of
the residents of this city.
(4)
The
display of such materials also constitutes a substantial distraction
to passersby and results in obstructions to the orderly flow of pedestrian
and vehicular traffic in said public rights-of-way. The display of
the aforesaid materials in the public rights-of-way is therefore determined
to be an inappropriate use thereof and a nuisance which should be
prohibited and abated.
(Ord. No. 540, § 1, 11-25-74)
(a)
"Display"
"Exhibit"
"Matter"
"Minor"
"Newsrack"
"Parkway"
"Person"
"Roadway"
"Sidewalk"
"Street"
As used
in this section, the following terms shall have the meaning set forth
hereinbelow unless the context clearly requires otherwise:
means to make available or locate in such a manner as to
make the matter reasonably suspectable of view and/or examination.
means to show or display.
means any book, magazine, newspaper, or other similar material.
means any natural person under 18 years of age.
means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used, or maintained for the display
and/or sale of newspapers or news periodicals.
shall mean that area between the sidewalk and the curb of
any street and, where there is no sidewalk, that area between the
edge of the roadway and the property line adjacent thereto. "Parkway"
shall also include any area within a roadway which is not open to
vehicular travel.
means any individual, partnership, firm, association, corporation,
or other legal entity.
shall mean that portion of a street which is improved, designed,
or ordinarily used for vehicular traffic.
shall mean any surface provided for the exclusive use of
pedestrians.
means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys and sidewalks.
(b)
No person
shall display or exhibit in any newsrack or other structure which
projects onto, into or over any part of the roadway of any public
street, public sidewalk, or parkway or which rests, wholly or in part,
upon, in or over any portion thereof, any matter which contains any
picture, photograph, drawing or similar visual representation or image
of a person over the age of 10 years of age, visible from any public
street, roadway, parkway, or sidewalk, which:
(1)
Exposes
genitals, pubic hair, buttocks, perineum, anal region, or pubic hair
region; or
(2)
Exposes
any device, costume, or covering which gives the appearance of or
simulates the genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(3)
Exposes
any portion of the female breast at or below the areola thereof.
(c)
Any
material displayed or exhibited in violation of the provisions of
this section may be summarily removed and stored in any convenient
place by any officer of the city. Such officer shall take reasonable
steps to notify the owner of said material of the fact that it has
been removed pursuant to this section. Upon failure of the owner to
claim such material and pay the expenses of removal and storage within
30 days after such removal, said matter shall be deemed to be unclaimed
property in possession of the police department and may be disposed
of pursuant to the provisions of this Code.
(Ord. No. 540, § 1, 11-25-74)
