For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE. Having knowledge of the contents and character of the patently offensive sexual conduct which appears in or is depicted in the lewd matter.
LEWD MATTER. Any matter:
(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Which depicts or describes patently offensive representations or descriptions of:
(a) Ultimate sexual acts, normal or perverted, actual or simulated; or
(b) Masturbation, excretory functions, or exhibition of the genitals or genital area.
LEWD MATTER does not include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
MATTER. A motion picture film or a publication, or both.
MOTION PICTURE FILM Includes any:
(1) Film or plate negative; or
(2) Film or plate positive; or
(3) Film designed to be projected on a screen for exhibition; or
(4) Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(5) Video tape or any other medium used to electronically reproduce images on a screen.
NUDE. Includes:
(1) Completely without clothing; or
(2) The human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.
PLACE. Includes, but is not limited to, any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.
PUBLICATION. Includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a projector or other viewing machine.
SALE. A passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
('86 Code, § 9.94.020) (Ord. 3656, passed - - )