ARTICLE IV. OBSCENITY AND PUBLIC NUDITY
24-113. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Community means the state.
Distribute means to transfer possession of, whether with or without consideration.
Exhibit means to show or display.
Knowingly means being aware of the character of the matter or live conduct.
Matter 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 of any other articles, equipment, machines or materials.
Obscene live conduct means any physical human body activity, whether performed or engaged in alone or with other persons, including, but not limited to, singing, dancing, acting, simulating or pantomiming where, taken as a whole, the predominant appeal of such conduct to the average person within the community, applying contemporary standards of the community, is to prurient interest (i.e., a shameful or morbid interest in nudity, sex or excretion), and is conduct which, taken as a whole, goes substantially beyond customary limits of candor in description or representation of such matter.
Obscene matter means matter, taken as a whole, the predominant appeal of which, to the average person within the community, applying contemporary standards of the community, is to prurient interest (i.e., a shameful or morbid interest in nudity, sex or excretion), and is matter which, taken as a whole, goes substantially beyond customary limits of candor in description or representation of such matter.
Public nudity means knowingly or intentionally displaying in a public place, for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual’s genitals or anus with less than a fully opaque covering, or a female individual’s breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following:
(1) A woman’s breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
(2) Material as defined in section 2 of Public Act No. 343 of 1984 (MCL 752.362).
(3) Sexually explicit visual material as defined in section 3 of Public Act No. 33 of 1978 (MCL 722.673).
(Ord. No. 186, § 1(7-09-01), 10-2-1995)
24-114. Engaging in obscene conduct; sale, distribution, etc., of obscene matter.
It shall be unlawful for any person to knowingly engage in obscene live conduct for public view, or either sell, lend, give away, distribute, exhibit or transmute, or offers either to sell, lend, give away, distribute or transmute, or advertise in any manner, or who otherwise knowingly offers, for either loan, gift, sale or distribution, any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmitted into auditory, visual or sensory representations of such character.
(Ord. No. 186, § 1(7-09-02), 10-2-1995)
24-115. Sale, distribution, etc., of obscene matter to minors.
It shall be unlawful for any person to either sell, distribute or import for the purpose of selling or distributing to a person under the age of 18 years any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture drawing photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character, manifestly tending to corrupt the morals of youth, or introduce into a family, school or place of education, or buys, procures, receives or has in his possession any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character, either for the purpose of sales, exhibition, loan or circulation to a person under the age of 18 years or with intent to introduce the same into a family, school or place of education.
(Ord. No. 186, § 1(7-09.03), 10-2-1995)
24-116. Public nudity.
Public nudity, as defined in section 24-113, is prohibited.
(Ord. No. 186, § 1(7-09.04), 10-2-1995)
State law reference— Authority to prohibit public nudity, MCL 67.1(aa).