TITLE XIII: GENERAL OFFENSES

Chapter

130. OFFENSES AGAINST PUBLIC PEACE AND SAFETY

131. OFFENSES AGAINST PUBLIC MORALS

132. WEAPONS

(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in any public place, street, alley, grounds or thoroughfares of the town:

(2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, or Friday.

(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(I.C. 31-37-3-2)

(B) It is a curfew violation for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(I.C. 31-37-3-3)

(A) Any person violating any provision of this chapter to which no other specific penalty applies shall be punished as set forth in § 10.99.

(B) Any person violating § 130.01 of this chapter shall be assessed a fine of not less than $25 for each occurrence. (Ord. 6, passed 9-16-97)

131.01	Exhibition of obscene matter
131.02	Distribution of obscene matter

131.99	Penalty

(A) For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section.

KNOWINGLY. Knowing or having good reason to know the character of the matter.

(1) The average person, applying contemporary community standards, finds that the dominant theme of the matter, taken as a whole, appeals to the prurient interest in sex;

(2) The matter depicts or describes in a patently offensive way sexual conduct; and

(3) The matter, taken as a whole, lacks serious literary, artistic, political or scientific value.

(1) The average person, applying contemporary community standards, finds that the matter or performance taken as a whole, appeals to the prurient interest in sex;

(2) The matter or performance depicts or describes, in a patently offensive way sexual conduct;

(3) The matter or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

(2) Exhibition of the uncovered genitals in the context of masturbation or other sexual activity;

(B) Every person who knowingly exhibits in any public place, or in a place readily accessible to the public, any obscene matter is guilty of an infraction.

(1) That the matter was exhibited for legitimate scientific or educational purposes; or

(2) That the matter was exhibited by a person acting within the scope of employment, provided such person has no financial interest in the place so employed.
(Ord. 3, passed 2-4-98) Penalty, see § 131.99

(A) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section.

KNOWINGLY. Knowing or having good reason to know the character of the matter or performance.

MATTER. Any book, magazine, newspaper or printed or written material; or any picture, drawing, photograph, motion picture or other pictorial representation; or any state or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction; or any other articles, equipment, machines or materials.

(1) The average person, applying contemporary community standards, finds that the matter or performance, taken as a whole, appeals to the prurient interest in sex;

(2) The matter or performance depicts or describes, in a patently offensive way, sexual conduct;

(3) The matter or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

OWNER. Any person who owns or has a legal right to possession of any matter.

PERFORMANCE. Any play, motion picture, dance or other exhibition or presentation, whether pictured, animated or live, performed before an audience of one or more persons.

SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

(2) Exhibition of the uncovered genitals in the context of masturbation or other sexual activity;

(3) Misrepresent his age for the purpose of obtaining admission to an area where minors are being restricted.

(1) That the dissemination was made to the recipient by a bona fide school, museum or public or by an employee of such organization or of a retail outlet affiliated with and serving the education purpose of such organization acting in the course of his employment; or

(2) That the defendant made a reasonable bona fide attempt to ascertain the true age of the minor; or

(4) That the act was done by a sales clerk, motion picture projectionist, usher or ticket taker acting within the scope of his employment; provided, that such sales clerk, motion picture projectionist, usher or ticket taker has no financial interest in the place where he is employed.

(D) Where the subject matter is offered for distribution to the public as stock in trade of a lawful business or activity or as in the case of films, is exhibited at a commercial theater showing regularly scheduled performances to the general public, no person shall be arrested for a violation of any of the provisions of this section unless the arresting officer shall have first obtained an arrest warrant, and no property shall be seized as evidence unless a search warrant shall have first been obtained pursuant to the provisions of this section; provided, that the quantity of matter seized shall encompass no more than is reasonable and necessary for purpose of obtaining evidence, and provided further, that no warrant for arrest shall issue upon probable cause for any sales clerk, motion picture projectionist, usher or ticket taker, unless it shall be shown that the sales clerk, projectionist, usher or ticket taker has a financial interest in the act complained of other than that interest normally within the scope of his employment.

(E) At any time after seizure or the obtaining of evidence by purchase, prior to arrest, the town, defendant, owner or other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purposes of obtaining a preliminary determination of obscenity. If evidence has been obtained by purchase, the court shall direct the clerk of the court to issue notice to the defendant informing the person of the availability of a prompt adversary hearing prior to the issuance of a warrant of arrest. At any time after seizure the town, owner or other party in interest of the matter seized, may apply for and obtain a prompt adversary hearing for the purpose of obtaining a determination of obscenity. If the court determines at the hearing that the matter is obscene, the matter shall be held as evidence and a warrant of arrest may be issued for the arrest of the defendant; provided, if the defendant, owner or other party in interest of any matter seized or purchased shall not apply for a prompt adversary hearing within five days after the seizure occurs or within seven days after notice is issued by the court, an arrest warrant may be issued for the arrest of the defendant. In the case of films or motion pictures, at any time after arrest and prior to a trial or any adversary hearing for the purpose of obtaining a preliminary determination of obscenity, the defendant or owner of any matter seized, upon showing that other copies of the film or motion picture are not available to be exhibited, may apply to the court and upon such application the court shall order that the application be permitted to copy the film or motion picture, at his own expense, so that showing can be continued pending a judicial determination of obscenity in an adversary hearing.
(Ord. 3, passed 2-4-98) Penalty, see § 131.99

(A) Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in § 10.99.

(B) Any person who violates any of the provisions of § 131.01 of this chapter shall be guilty of an infraction, and shall upon the first conviction be fined in any amount not less than $100 nor more than $500 per violation. Upon a second conviction under § 131.01, a person shall be fined in any amount not less than $500 nor more than $1,000 per violation. Upon a third conviction under § 131.01, a person shall be fined in any amount not less than $1,000 nor more than $2,500 per violation.

(C) Any person who violates any of the provisions of § 131.02 of this chapter shall be guilty of an infraction, and shall upon the first conviction be fined in any amount not less than $100 nor more than $500 per violation. Upon a second conviction under § 131.02, a person shall be fined in any amount not less than $500 nor more than $1,000 per violation. Upon a third conviction under § 131.02, a person shall be fined in any amount not less than $1,000 nor more than $2,500 per violation.
(Ord. 3, passed 2-4-98)