Sec. 14-283. Notice of obscene material or action.


(a) Actual notice of the obscene nature of such material, performance, or activity may be given to a person involved in or responsible for such from the city attorney on the basis of information lawfully gathered and supplied to him by the police department or citizens. Such notice shall be in writing and delivered by mail or in person to the alleged offender. Such notice shall state that:


(1) In the opinion of the city attorney the activity engaged in falls within the prohibitions of this article;

(2) That if such activity has not ceased within seven (7) judicial days the city will take appropriate legal action; and

(3) That a declaratory judgment proceeding as described in this article is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.


(b) A person who promotes any obscene activity as prohibited in this article in the course of his business is presumed to do so with knowledge of its content and character.


Source:  Code 1962, 6-14-3