§ 5.28.180. Exhibition of obscene motion pictures.

A.

It shall be unlawful for any person, firm or corporation to exhibit within the village any obscene motion picture, with knowledge of the nature and content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature and content thereof.

B.

A motion picture is obscene if:

1.

Taken as a whole, the average person, applying contemporary community standards, would find that it appeals to a prurient interest; and

2.

It contains patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or contains patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibition of the genitals; and

3.

Taken as a whole, it lacks serious literary, artistic, political or scientific value.

C.

A person, firm or corporation is reckless or acts recklessly when he or it consciously disregards a substantial and unjustifiable risk that a motion picture is obscene, and such disregard constitutes a gross violation from the standard of care which a reasonable person, firm or corporation would exercise in the situation.

D.

It shall be an affirmative defense to obscenity that the exhibition for which the person, firm or corporation is charged was made to the motion picture review board under the provisions of Article II of this chapter, or was made after securing a valid permit under the provisions of Article II of this chapter.

E.

A separate and distinct offense shall be regarded as having been committed for each exhibition of each obscene motion picture or part thereof.

(Ord. 1976-9 Part C § 1, 1976)