§ 50-6. Obscenity.

(a)

Defined. Obscenity is the intentional:

(1)

Exposure of one's person in a public place in such manner that any part of a sex organ may be seen by another person, with the intent of arousing sexual desire.

(2)

Production, sale, exhibition, gift, or advertisement with the intent to primarily appeal to the prurient interest of the average person, of any lewd, lascivious, filthy or sexually indecent written composition, printed composition, book, magazine, pamphlet, newspaper, story paper, writing, phonograph record, picture, drawing, motion picture film, figure, image, wire or recorded matter of sexually indecent character which may or may not require mechanical or other means to be transmitted into auditory, visual or sensory representations of such sexually indecent character.

(3)

Possession with the intent to sell, exhibit, give or advertise any of the pornographic material of the character as described in subsection (a)(2) of this section, with the intent to primarily appeal to the prurient interest of the average person.

(4)

Performance by any person in the presence of another person with the intent of arousing sexual desire, of any lewd, lascivious, sexually indecent dancing, lewd, lascivious or sexually indecent posing, lewd, lascivious or sexually indecent body movement.

(5)

Solicitation or attempt to entice any unmarried person under the age of 17 years to commit any act prohibited by this section.

(6)

Requirement by a person, as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication to a purchaser or consignee, that such purchaser or consignee receive for resale any other article, book or publication reasonably believed by such purchaser or consignee to contain articles or material of any kind or description which are designed, intended or reasonably calculated to, or which do in fact appeal to the prurient interests of the average person in the community, as judged by contemporary community standards; or the denying or threatening to deny any franchise or to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles or things or by reason of the return thereof.

(7)

Display of nude pictures of a man, woman, boy or girl in any public place, except as works of art exhibited in art galleries.

(8)

Solicitation for viewing or the distribution of adult videos, literature and sexual toys.

(b)

Lack of knowledge of age or marital status, no defense. In prosecutions for obscenity, lack of knowledge of age or marital status, shall not constitute a defense.

(c)

Prohibited. Whoever commits obscenity shall be guilty of a misdemeanor.

(d)

Urination and/or defecation in public.

(1)

Urination in public is the willful and intentional urination by a person in a public place, in a place not intended for such purposes or in a place open to the public view.

(2)

Defecation in public is the willful and intentional defecation by a person in a public place, in a place not intended for such purposes or in a place open to the public view.

(3)

Whoever commits the crime of urination and/or defecation in public shall be guilty of a misdemeanor and shall be fined not more than $130.00 or imprisoned not more than ten days, or both, for the first such offense, and fined not more than $250.00 or imprisoned not more than 30 days, or both, for the second and any subsequent such offense, subject to the discretion of the court.

(Ord. No. 2003-060, § 1, 11-17-2003; Ord. No. 2012-015, § 1, 7-16-2012)