9.20.010 - Distribution, promotion or public display of sex paraphernalia to a minor.

A.

Definitions.

"Display publicly" means the exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a public thoroughfare, place or vehicle.

"Distribute" means to transfer possession of, with or without consideration.

"Knowingly" means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter or if the failure to inspect is for the purpose of avoiding such disclosure.

"Minor" means any unmarried person less than eighteen (18) years of age.

"Person" is not limited to individuals only but shall include public and private corporations, firms, joint associations, partnerships and the like. The word "person" as used in this section shall apply to a natural person and shall apply equally to the male and female genders.

"Promote" means to manufacture, issue, transmit, publish, circulate, disseminate, present, exhibit or advertise, or to offer to agree to do the same.

"Sex paraphernalia" means any inedible lubricant which is manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity.

"Sexual device" means any item, device or product, including but not limited to, a dildo, vibrator, artificial vagina, spanish fly, ben wa balls, pillow or other product shaped or made to resemble male or female genitals, buttocks or developed female breasts, edible underwear, flavored or unflavored edible body lotion or other substance designed for internal consumption, sado-masochistic device, or any other items, device or product manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity. "Sexual device" shall not mean "sex paraphernalia" as defined in this section and shall not mean any device, appliance or pill designed to be used primarily for contraception purposes and shall not mean movies, books, magazines or other communicative material protected by the First Amendment of the United States Constitution.

"Wilfully" means a purpose or willingness to commit the act or to omit the act required in this section.

B.

It is unlawful for any person to knowingly and wilfully distribute or furnish any sex paraphernalia to any minor. Each distribution to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.

C.

It is unlawful for any person to knowingly and wilfully promote, display publicly, distribute or furnish any sexual device to any minor. Each promotion or distribution or each day during which any sexual device is displayed publicly to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.

D.

This section does not prohibit any parent or legal guardian from distributing, promoting or displaying sex paraphernalia or a sexual device to his minor child or ward.

E.

In the event that any provision of this section is declared invalid for any reason, the remaining provisions shall remain in effect.

(Ord. 152 § 1, 1984)