City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[Adopted 9-29-1980 by Ord. No. 80-132]
It shall be unlawful and a misdemeanor, punishable as authorized by state law, for any person to promote or possess with intent to promote any obscene material when knowing of its content and character. Each day that said violation continues may be treated as a separate offense.
A person who promotes obscene material or possesses the same with intent to promote it, in the course of his business, is presumed to do so with knowledge of its content and character.
For the purposes of this article, the following terms shall have the meanings indicated:
MATERIAL
Anything tangible, capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
OBSCENE
Any material or performance is "obscene" if the average person, applying contemporary community standards, would find that, considered as a whole, its predominant appeal is to the prurient interest in sex and depicts or describes, in a patently offensive manner, actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals and, considered as a whole, it lacks serious literary, artistic, political and scientific value. Predominant appeal shall be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audiences.
PROMOTE
To manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise or to offer or agree to do the same.
A. 
A person who promotes or wholesale promotes obscene material or possesses the same with intent to promote or wholesale promote it, in the course of his business, is presumed to do so with knowledge of its content and character.
B. 
A person who possesses six or more identical or similar obscene articles is presumed to possess them with intent to promote the same.
[Added 6-2-1986 by L.L. No. 3-1986]
Violation of this article is punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. Each day or any portion of which any violation of this article is committed, permitted or continued shall constitute a separate offense.