Downey Municipal Code Ch. 3 Obscene Literature

As used in this section:

"Distribute"

shall mean sell, lend, give, transmit, exhibit, show, or in any way furnish.

"Matter"

shall mean any picture, photograph, including an undeveloped photograph, stereographic photograph, daguerreotype, image, lithograph, engraving, print, painting, motion picture, television presentation, drawing, writing, newspaper, story, paper, card book, comic book, magazine, pamphlet, or any other written or printed material or publication, figure, model, statue, mold, cast, article, instrument, phonograph record, or wire or tape recording.

"Obscene"

shall mean that matter which to the average person, applying contemporary community standards, has a dominant appeal, when considered as a whole, to prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion, and the matter goes substantially beyond the customary limits of candor in description or representations of such matter.

"Prepare"

shall mean write, draw, compose, print, photograph, engrave, copy, stereotype, design, paint, manufacture, publish, mold, cut, cast, or in any other way produce.

(Amended by Ord. 276, adopted 7-20-65)

No person, with knowledge that the matter is obscene, or who, while in possession of facts from which he should reasonably know the matter is obscene, shall prepare, publish, or distribute, or offer or attempt to prepare, publish, or distribute, or cause the preparation, publication, or distribution, or possess with intent to do the foregoing, obscene matter at any public place, as defined in this section, to which a minor under the age of 18 years may have access without trespassing. When applying the provisions of this section, the definitions of Section 4300 of this chapter shall apply, and in applying such definitions, obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to children under the age of 18 years. Such public places are:

(a) Any school, school ground, public park, or playground, or any street or way within 300 yards of any school, school ground, public park, or playground;

(b) Any place of business where ice cream, soft drinks, candy, food, school supplies, magazines, books, pamphlets, papers, pictures, or postcards are sold or kept for sale;

(c) Any toilet or restroom open to the public; and

(d) Any place where phonograph records, photographs, motion pictures, or transcriptions of any kind are made, used, maintained, sold, or exhibited.

(Added by Ord. 276, adopted 7-20-65)