Sec. 14-284. Legal proceedings generally.

 

(a) In rem proceedings. The chief of police may apply to the city attorney to institute an attachment proceeding against any material which is alleged to be obscene in a sworn affidavit. Upon filing of such an application for attachment the chief of police shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the city who is known or believed by the chief of police to have any of the following interests in material named in the complaint;

 

(1) The publisher; and

(2) The wholesaler, distributor, circulator; and

(3) Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.

 

Trial shall be held not later than the fourth judicial day following the filing for attachment. No trial under this subsection shall be continued or otherwise postponed more than one judicial day, but may be conducted by a judge pro tempore in the event of unavailability of the trial judge.

 

(b) Declaratory judgment. Any person receiving notice in writing from the city attorney that a specified activity is obscene may bring an action against the city for a declaratory judgment to determine whether such activity is obscene. If it is adjudged and declared by the court that such activity is obscene, then the city attorney may cause the publication of such judgment in a newspaper of general circulation in the city and upon such publication all persons residing or doing business in the city will be presumed to have actual notice of the nature of the activity.

 

(c) Criminal prosecution. The city attorney may cause criminal charges, to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of section 14-282(l), 14-283 and 14-285. If the city attorney has given notice pursuant to section 14-283(a) then such criminal charges may be brought only after seven (7) judicial days after receipt of said notice.

 

(d)   Injunction. The city attorney may seek a temporary restraining order in order to enjoin any obscene performance or the service of patrons in violation of section 14-282(2). If the city attorney has given written notice pursuant to section 14-283(a), he may after the passage of seven (7) judicial days seek such a temporary restraining order. A judicial hearing on a request for such order must be granted within three (3) judicial days.

 

(e) Other remedies. Proceedings authorized by this section shall be in addition to any other provided by law.

 

Source:  Code 1962, 6-14-4