Cross references: Matter which depicts the exposure of private parts and female breasts to minors, §§ 17-13—17-15.
[1]
Editor's note: Ord. No. 540, § 1, adopted Nov. 25, 1974, amended this Code by adding Art. III, §§ 24-40, 24-41, to read as herein set out.
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) 
As used in this section, the following terms shall have the meaning set forth hereinbelow unless the context clearly requires otherwise:
"Display"
means to make available or locate in such a manner as to make the matter reasonably suspectable of view and/or examination.
"Exhibit"
means to show or display.
"Matter"
means any book, magazine, newspaper, or other similar material.
"Minor"
means any natural person under 18 years of age.
"Newsrack"
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.
"Parkway"
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.
"Person"
means any individual, partnership, firm, association, corporation, or other legal entity.
"Roadway"
shall mean that portion of a street which is improved, designed, or ordinarily used for vehicular traffic.
"Sidewalk"
shall mean any surface provided for the exclusive use of pedestrians.
"Street"
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)