§ 9.08.040. Immoral exhibitions—Abatement—Appeal.

A.

It is unlawful for any person engaged in conducting or operating, either as owner, proprietor, operator, manager, lessee, agent or employee, any theater, arcade, entertainment or exhibition, or for any person whatsoever to give or cause or permit to be given, or to advertise or cause or permit to be advertised or to participate in, any obscene, indecent, immoral, or crime-depicting play, production, picture, show, entertainment or exhibition, or any delineation or illustration of any nude human figure, or any lewd, indecent or lascivious act, or any matter or thing of an obscene, indecent or immoral nature, or any boxing or prize fight exhibition when the same is in such manner or detail as tends to corrupt public morals.

B.

At any time that it shall be brought to the attention of the Mayor or the Chief of Police that the provisions of subsection A of this section are being violated, it shall be the duty of either of said officers or both of them to visit the place where it is reported that such violation exists and there to examine into the same; and should either of said officers upon such examination be of the opinion that such violation does exist, it shall be his or her duty to notify some person in charge of the exhibition, production or representation in question, that the objectionable parts or features must be forthwith eliminated and no longer exhibited, produced or represented; and upon such notification it shall be the duty of the person so notified to immediately comply therewith and to then and there and at all times thereafter, except as hereinafter provided, expunge and eliminate from such exhibition, production or representation, such objectionable parts or features, or the whole thereof. In the event that said notification is not immediately complied with, it shall be the duty of said Mayor or Chief of Police to forbid and prevent the further continuance of the exhibition, production or representation in question until said notification shall be complied with, and said person so neglecting or refusing to comply with said notification and all persons participating in the production of such exhibition, production or representation, shall be deemed guilty of a misdemeanor and shall be immediately arrested by any police officer by direction of said Mayor or said Chief of Police as for an offense committed in the immediate presence of said police officer, with or without any warrant.

C.

Any person aggrieved by the action of the Mayor or the Chief of Police under the provisions of subsection B of this section and who shall have complied with the notification in said subsection provided, or on whose behalf such compliance was made, may appeal the action of said Mayor or Chief of Police to the City Council for review and action. A hearing upon such appeal shall be set by the Council at the earliest convenient time, and at such hearing, evidence shall be adduced and the decision of the Council in such matter shall be final. The Council may from time to time prescribe rules of procedure to be observed in such hearings for the purpose of facilitating such reviews and the elimination of damage which may result to the appellant by the delay resulting from the action appealed therefrom.

(Prior code §§ 3-4.03, 3-4.04, 3-4.05)