§ 50-75. Public display of sexually oriented material.

(a)

As used in this section, the following terms have the meanings given in this subsection:

Display publicly means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from any portion of the person's store or property or the exhibitor's store or property which contains items and materials other than sexually oriented material offered for sale or rent to the public.

Person. Any individual, firm, partnership, corporation or association.

Sexually oriented material means books, photographs, magazines, films videotapes or compact discs (CD's) for sale, rental or viewing on the premises or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as the term is defined herein; sexual aids or novelties, including bumper stickers and signs, depicting a breast, penis or clitoris; or sexual aids or novelties, including bumper stickers and signs, which graphically describe, through words or pictures on the packaging, specified sexual activities as the term is defined herein.

Specified sexual activities means sexual conduct, being acts of masturbation, anal intercourse, fellatio, cunnilinguism, anilingus, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person is a female, her breast; sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

(b)

No person shall display publicly sexually oriented material.

(c)

Any person found guilty of violation of this section shall be punished by imprisonment at the municipal correctional institution for not less than 15 days and not more than six months, or by a fine of not less than $100.00 and not more than $500.00, or by both such fine and sentence.

(d)

If a person convicted of a violation of this section shall subsequently be convicted of this section, such person shall be punished by imprisonment at the municipal correctional institution for not less than 30 days and not more than six months, and, in addition thereto, by a fine of $500.00.

(e)

For the purpose of this section, the record kept by the clerk of the municipal court, or certified copies of such records, shall be admissible as prima facie evidence of such conviction.

(Ord. No. 971419, § 1, 10-16-97)