For the purposes of this Chapter and its attendant provisions, the following terms shall be respectively defined as follows:
COMMERCIAL ESTABLISHMENT: Any location at which a business is being conducted or at which entertainment is being provided to the public.
FEE: Any compensation, direct or indirect, whether monetary or not.
HE: In the appropriate circumstance, refers to either a male or female.
MATERIAL: Anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner, but does not include an actual three dimensional (3-D) obscene device.
MEASUREMENTS: For the purpose of this Chapter, shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of an adult commercial establishment to the nearest property line of a church, public school, private school, City-owned real property or a district restricted to residential use under the Zoning Title 1 .
MINOR: A person seventeen (17) years of age or younger.
OBSCENE: Material performance and/or device that:
A. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
B. Depicts and describes:
1. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy and sexual bestiality; or
2. Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and
C. Taken as a whole, lacks serious literary, artistic, political and scientific value.
OBSCENE DEVICE: A device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
OFFENSIVE: The work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.
PATENTLY OFFENSIVE: So offensive on its face as to affront current community standards of decency.
PERFORMANCE: A play, motion picture, dance or other exhibit performed before an audience.
PERSON: An individual, corporation or association. As used herein, the term shall refer to a male or female party.
PRIVATE SCHOOL: Any campus, grounds or buildings of an institution for the teaching or instruction of children between the ages of three (3) years to twelve (12) years of age, said institution being a nonprofit school owned, controlled, operated and conducted by a bona fide religious, denominational, eleemosynary or similar institution exempt from property taxation under the laws of the state of Texas.
PROMOTE: To manufacture, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate or to offer or agree to do the same for purpose of resale.
PUBLIC SCHOOL: Any campus, grounds or buildings of an institution for teaching or instruction which is a part of the Pharr-San Juan-Alamo Independent School District or any other independent school district created under the laws of the state of Texas situated wholly or partly within the city limits of the city of Alamo, Texas.
SEXUAL ACTIVITIES: The act of human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of clothed or unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation which is conducted in public or where it is open to public view or for the entertainment of observers or for a fee of any type.
SEXUALLY EXPLICIT MATERIAL: Any pictorial or written material depicting human sexual intercourse, human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of clothed or unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this chapter. Works of art or of anthropological significance are not included within the definition of this chapter. (Ord. 1984-11-20, 11-20-1984)
Notes
| 1 | 1. See Title 10 of this Code. |
A. No sexual activities shall be engaged in or displayed within one thousand feet (1,000') of a church, private or public school, any city owned property or within six hundred feet (600') of the outside boundaries to residential use under the zoning title 1 .
B. No one shall display their genital areas or the buttocks of a male or female or the breast of a female to public view for a fee or the entertainment of a group of two (2) or more observers or at any commercial establishment within one thousand feet (1,000') of a church, private or public school, any city owned property within six hundred feet (600') of the outside boundaries, as established in the zoning title, of a district restricted to residential use under the zoning title. (Ord. 1984-11-20, 11-20-1984)
Notes
| 1 | 1. See title 10 of this code. |
A. No sexual activities shall be engaged in or displayed in any commercial establishment frequented by minors or within six hundred feet (600') of the boundary line of a property on which an establishment frequented by minors is located.
B. No one shall display their genital area or the buttocks of a male or female or the breast of a female in the public view for a fee or the entertainment of a group of two (2) or more observers or at any commercial establishment frequented by minors or within six hundred feet (600') of the boundary line of a property on which an establishment frequented by minors is located. (Ord. 1984-11-20, 11-20-1984; amd. Ord. 31-10-01, 10-16-2001)
C. Respecting the exhibition, provision or promotion of any harmful material and/or devices, it is a defense to prosecution under this section that:
1. The exhibition, provision or promotion was by a person having scientific, educational, government or other similar justification; or
2. The exhibition, provision or promotion was to a minor who was accompanied by a consenting parent, guardian or spouse; or
3. The exhibition, provision or promotion was by a person who did not know or could not have reasonably known or ascertained that the person to whom said transaction was directed was a minor.
D. Respecting the exhibition, provision or promotion of any harmful material and/or devices, it is a violation of this chapter if a person falsely represents that he is the consenting parent, guardian or spouse of a minor. (Ord. 1984-11-20, 11-20-1984)
A person commits a violation of this chapter if knowing its content and character is harmful or obscene:
A. He exhibits, provides or promotes, whether or not for wholesale, any harmful or obscene material or device to another person; or
B. He exhibits any harmful or obscene material or device in a place where a minor might reasonably be expected to be present or invited as a part of the general public and observe, notice or otherwise view said exhibitions; or
C. He attempts to do or accomplish any of the acts prohibited in subsection A or B of this section. (Ord. 1984-11-20, 11-20-1984)
No permit or conditional use permit or other license shall be granted by the city to anyone in violation of this chapter. Any permit, conditional use permit or license theretofore granted by the city shall be terminated upon the determination that such party is in violation of this chapter by any court, whether it is a record court or not. In the event of an appeal of such determination, this provision will be suspended only upon the posting of a twenty five thousand dollar ($25,000.00) surety bond with the city secretary, conditioned upon a final determination that such person was not in violation of this chapter. (Ord. 1984-11-20, 11-20-1984)
A person violating this chapter shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code. (Ord. 1984-11-20, 11-20-1984; amd. 1994 Code)