Chapter 6.85
OBSCENITY
Sections:
6.85.020 Acts declared unlawful.
6.85.030 Unlawful to engage in obscene performance.
6.85.050 Violation – Penalties.
6.85.010 Definitions.
For the purpose of this chapter, the following terms shall have the following meanings:
(1) Person. For the purpose of this chapter and unless it otherwise clearly appears from the context in which it is used, “person” means and includes natural persons of either sex, associations, firms, copartnerships and corporations, whether acting by themselves or by servants, agents or employees, and the singular number shall be construed to include the plural and the masculine pronoun to include the feminine.
(2) “Material” means any book, magazine, newspaper, or other printed or written matter, 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 or any other articles, equipment, machines or matter.
(3) “Distribute” means to transfer possession of, whether with or without consideration.
(4) “Exhibit” shall include, but shall not be limited to, the display of material for distribution.
(5) Obscene. For the purpose of this chapter, material, or an exhibition or performance, shall be deemed obscene when:
(a) To the average person applying contemporary community standards, the dominant theme of the material, exhibition, or performance, taken as a whole, appeals to the prurient interest in sex or sexual matters; and
(b) The material, exhibition or performance is patently offensive because it affronts contemporary community standards in its representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or of masturbation, excretory functions, or lewd exhibition of the genitals; and
(c) The material, exhibition, or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value. (Ord. 595 § 1, 1981).
6.85.020 Acts declared unlawful.
It is unlawful for any person, having knowledge of the contents thereof to:
(1) Sell, distribute, or display for sale or distribution, any material which is obscene; or
(2) Have in his possession with intent to sell or distribute any material which is obscene. (Ord. 595 § 1, 1981).
6.85.030 Unlawful to engage in obscene performance.
It is unlawful for any person, having knowledge of the contents thereof, to cause to be performed or exhibited, or to engage in the performance or exhibition of any show, act, play, dance or motion picture, which is obscene. (Ord. 595 § 1, 1981).
6.85.040 Exception.
Nothing in this chapter shall apply to the circulation of any such material by any recognized historical society or museum, a state law library, a state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision, including, but not limited to the library of any school under the supervision of any school or college.
In addition, the provisions of this chapter shall not apply to acts done in the scope of his employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theater or place wherein he is so employed or unless he caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theater or other place of showing. (Ord. 595 § 1, 1981).
6.85.050 Violation – Penalties.
Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
Every firm or corporation convicted of a violation of any provisions of this chapter shall be punished by a fine of not more than $500.00.
Each day’s violation of any provision of this chapter shall constitute a separate offense and shall subject the offender to the above penalties for each offense. (Ord. 595 § 1, 1981).
6.85.060 Severability.
The invalidity of any article, section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. (Ord. 595 § 1, 1981).