§ 17-161. Public nuisance.

(a)

Definitions. For the purposes of this section a writing, picture, photograph, statute or painting is obscene material if:

(1)

It contains a patently offensive representation or description of an ultimate sexual act, normal or perverted, actual or simulated.

(2)

It contains a patently offensive representation or description of masturbation, excretory functions and lewd exhibition of the genitals.

(3)

The material as displayed, when taken as a whole, lacks serious literary, artistic, political or scientific value.

(4)

The average person applying contemporary community standards would find the displayed material, as a whole, appealing to the prurient interest.

(b)

Public nuisance. The display of any obscene material as defined in subsection (a) above, in any manner which is visible by the public from the public right-of-way, is hereby found to constitute a public nuisance inimical to the health, safety and welfare of the citizens of the city.

(c)

Notice to abate. Whenever an owner or occupant of any premises permits or maintains a display of any obscene material which constitutes a public nuisance under this section, the city manager, or his designated representative shall cause to be served by registered mail upon such owner or occupant a declaration of nuisance and order to abate which shall contain the following:

(1)

A statement of the conditions upon the premises which constitute a public nuisance under this section.

(2)

A statement of what action by the owner or occupant is necessary to abate the conditions described in subsection (b) above.

(3)

A reasonable period, not to exceed ten (10) days from the date of the declaration and order, for all abatement activities by the owner or occupant to occur.

(4)

Notice to the owner or occupant that if he does not comply with the order of abatement, that the city manager, or his designated representative, will forthwith institute legal proceedings in the county circuit court to enforce compliance.

(d)

Proceedings to abate. The city manager, or his designated representative, is hereby authorized to institute any legal proceedings in the circuit court for the county necessary to enforce compliance with any order of abatement issued under this section.

(e)

Order to abate. In the event the court finds in such legal action that the existing conditions upon the premises are a public nuisance as defined in this section, it shall enter an order directing the owner or occupant to abate the nuisance.

(f)

Abatement by city. If abatement does not occur within ten (10) days from the date of entry of the order by the court, the city manager may cause abatement of such nuisance and assess the costs of abatement against the property as provided in serial section 273 of the Charter.

(Code 1977, § 9.30)