(a) Whenever any citizen of the county or the county attorney has reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book in the county, such citizen or the county attorney may institute a proceeding in the circuit court of the county for adjudication of the obscenity of the book.

(b) A proceeding under this section shall be instituted by filing with the court a petition:

(1) Directed against the book by name or description;

(2) Alleging the obscene nature of the book; and

(3) Listing the names and addresses, if known, of the author, publisher and all other persons interested in its sale or distribution.

(c) Upon the filing of a petition pursuant to this section, the court, in term or in vacation, shall forthwith examine the book alleged to be obscene. If the court finds no probable cause to believe the book obscene, the judge thereof shall dismiss the petition; but if the court finds probable cause to believe the book obscene, the judge thereof shall issue an order to show cause why the book should not be adjudicated obscene. The order to show cause shall be:

(1) Directed against the book by name or description;

(2) Published once a week for two (2) successive weeks in a newspaper of general circulation within the county;

(3) If their names and addresses are known, served by registered mail upon the author, publisher and all other persons interested in the sale or distribution of the book; and

(4) Returnable twenty-one (21) days after its service by registered mail or the commencement of its publication, whichever is later.

(d) When an order to show cause is issued pursuant to this section, and upon four (4) day's notice to be given to the persons and in the manner prescribed by the court, the court may issue a temporary restraining order against the sale or distribution of the book alleged to be obscene.

(e) On or before the return date specified in the order to show cause issued under subsection (c), the author, publisher and any person interested in the sale or distribution of the book may appear and file an answer. The court may, by order, permit any other person to appear and file an answer amicus curiae.

(f) If no one appears and files an answer on or before the return date specified in the order to show cause, the court, upon being satisfied that the book is obscene, shall order the clerk of the court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.

(g) If an appearance is entered and an answer filed, the court shall order the proceedings set on the calendar for a prompt hearing. The court shall conduct the hearing in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury. At the hearing, the court shall receive evidence, including the testimony of experts, if such evidence be offered, pertaining to:

(1) The artistic, literary, medical, scientific, cultural and educational value, if any, of the book considered as a whole;

(2) The degree of public acceptance of the book, or books of similar character, within the county;

(3) The intent of the author and publisher of the book;

(4) The reputation of the author and publisher;

(5) The advertising, promotion and other circumstances relating to the sale of the book;

(6) The nature of classes of persons, including scholars, scientists and physicians, for whom the book may not have prurient appeal, and who may be subject to exception pursuant to subsection (f).

(h) In making a decision on the obscenity of the book, the court shall consider, among other things, the evidence offered pursuant to subsection (g), if any, and shall make a written determination upon every such consideration relied upon in the proceeding in its findings of fact and conclusions of law or in a memorandum accompanying them.

(i) If it finds the book not obscene, the court shall order the clerk of the court to enter judgment accordingly. If it finds the book obscene, the court shall order the clerk of the court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.

(j) While a temporary restraining order made pursuant to subsection (d) is in effect, or after the entry of a judgment pursuant to subsection (f) or (i), any person who publishes, sells, rents, lends transports in intrastate commerce or distributes or exhibits the book, or has the book in possession with intent to publish, sell, rent, lend, transport in the city, or distribute or exhibit the book, is presumed to have knowledge that the book is obscene under the provisions of this article.

(k) Any party to a proceeding under this section, including the petitioner, may appeal from the judgment of the court to the Supreme Court of Virginia, as otherwise provided by law.