Material means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.

Obscene means material or a performance that:

Obscene device means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulations of human genital organs.

Patently offensive means so offensive on its face as to affront current community standards of tolerance.

Performance means a play, motion picture, dance, or other exhibition performed before an audience.

Promote means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do such.

Prurient interest means a shameful or morbid interest.

Simulated means the explicit depiction or description of any of the types of conduct set forth in subsection (2) of the definition of obscene in this subsection, which creates the appearance of such conduct.

Wholesale promote means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.

(1) It is unlawful to commit wholesale promotion of obscenity. A person commits wholesale promotion of obscenity if, knowing its content and character, he or she wholesale promotes or possesses with intent to wholesale promote any obscene material.

(2) It is unlawful to commit promotion of obscenity. A person commits promotion of obscenity if, knowing its content and character, he or she:

(1) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities.

(2) This section does not apply to a person's conduct otherwise proscribed by this section which occurs in that person's residence as long as that person does not engaged in the wholesale promotion or promotion of obscene material in his or her residence.

(1) The municipal court and the judges thereof shall have full power, authority, and jurisdiction to enjoin the wholesale promotion, promotion, or display of obscene materials as specified in this section and to issue all necessary and proper restraining orders, injunctions, and writs and processes in connection therewith not inconsistent with this section.

(2) If a person wholesale promotes or promotes or is about to wholesale promote or promote or has in his or her possession with intent to wholesale promote or promote or is about to acquire possession with intent to wholesale promote or promote any obscene material, the city attorney may maintain an action for injunction against such person to prevent the wholesale promotion or promotion or further wholesale promotion or promotion of the material described or identified in the suit for injunction.

(3) This subsection shall not authorize the issuance of temporary restraining orders except where exigent circumstances require the issuance. In matters of exigent circumstances, the restraining order shall provide that the action must be commenced on the earliest possible date. No temporary restraining order may be issued to restrain the continued exhibitions of a motion picture being shown commercially before the public, notwithstanding the existence of exigent circumstances.

(4) No temporary restraining order or temporary injunction may be issued except after notice to the person sought to be enjoined and only after all parties have been offered or afforded an opportunity to be heard. A person shall be deemed to have been offered or afforded an opportunity to be heard if notice has been given and he or she fails to appear. At such hearing, evidence shall be presented and witnesses examined.

(5) Before or after the commencement of the hearing on an application for a temporary injunction, the court may, and on motion of the party sought to be restrained shall, order the trial on the action on the merits to be advanced and consolidated with the hearing on the application. Where such hearings are not so consolidated and a temporary injunction or restraining order is issued, the court shall hold a final hearing and a trial of the issues within one day after joinder of issue, and a decision shall be rendered within two days of the conclusion of the trial. If a final hearing is not held within one day after joinder of issue or a decision not rendered within two days of the conclusion of the trial, the injunction shall be dissolved. No temporary injunction or restraining order shall issue until after a showing of probable cause to believe that the material or display is obscene and a showing of probable success on the merits. Any such temporary injunction or restraining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial.

(6) Nothing contained in this subsection shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene.

(7) Any person sought to be permanently enjoined shall be entitled to a full adversary trial of the issues within one day after the joinder of issue, and a decision shall be rendered by the court within two days of the conclusion of the trial. If the defendant in any suit for a permanent injunction filed under the terms of this division shall fail to answer or otherwise join issue within the time required to file his or her answer, the court, on motion of the party applying for the injunction, shall enter a general denial for the defendant and set a date for hearing on the question raised in the suit for injunction within ten days following the entry of the general denial entered by the court. The court shall render its decision within two days after the conclusion of the hearing.

(8) If a final order or judgment of injunction is entered against the person sought to be enjoined, such final order or judgment shall contain a provision directing the person to surrender to the chief of police or his or her designee any material described in the definition of obscene in subsection (a) of this section, and the chief of police or his or her designee shall be directed to seize and destroy material six months after the entry of the final order unless criminal proceedings or an indictment is brought before that time, in which event, the material may be used as evidence in such criminal proceeding.

(9) In any action brought as provided in this subsection, the city attorney shall not be required to file any undertaking, bond or security before the issuance of any injunction order provided for in this subsection, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person sought to be enjoined.

(10) Every person who wholesale promotes, promotes, displays, or acquires possession with intent to wholesale promote, promote, or display any of the material described in the definition of obscene in subsection (a) of this section, after the service upon him or her of a summons and complaint in an action brought pursuant to this section, is chargeable with knowledge of the contents. (Code 1979, § 27-83; Ord. No. 95-52, exhibit A (§ 27-83), 9-11-1995)