§ 27-11. Public display of obscene materials.  


Latest version.
  • (a)

    For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

    (1)

    The word "knowledge" includes actual or constructive knowledge of the subject material. A person shall be deemed to have constructive knowledge of its character and content if such person has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material.

    (2)

    The terms "nudity," "sexual conduct" and "sadomasochistic abuse" shall have the meanings ascribed to them in section 27-25.

    (3)

    The term "prurient interest" shall mean a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters.

    (4)

    The term "transportation facility" means any conveyance, premise or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses and airboat, railroad and bus terminals and stations and all appurtenances thereto.

    (b)

    The public display of nudity, sexual conduct and sadomasochistic abuse within the city is a public nuisance.

    (c)

    It shall be unlawful for any person to display within the city offensive sexual material when, with knowledge of its character and content, such person displays or permits to be displayed, in or on any window, showcase, newsstand, display rack, wall, billboard, display board, viewing screen, moving picture screen, marquee or similar place, in such manner that the display is easily visible from or on any public street, sidewalk, thoroughfare, transportation facility, newsstand or any other business or commercial establishment open to the general public, any pictorial, three-dimensional or other visual representation of a person or a portion of the human body that predominately appeals to prurient interest in sex and that:

    (1)

    Depicts nudity or sexual conduct or sadomasochistic abuse; or

    (2)

    Depicts or appears to depict nudity or sexual conduct or sadomasochistic abuse, with the area of the male or female subject's unclothed or apparently unclothed genitals, pubic area or buttocks, or of the female subject's unclothed or apparently unclothed breast, obscured by a covering or mark placed or printed on or in front of the material displayed or obscured or altered in any other manner.

    (Ord. No. 1839, § 1; Code 1961, §§ 24A-1—24A-3)

(Ord. No. 1839, § 1; Code 1961, §§ 24A-1—24A-3)