§ 12.23  DEFINITIONS.
   The following words and terms when used in this Division E shall have the following meanings, unless the context clearly indicates otherwise.
   HARMFUL TO MINORS. That quality of any description or representation, in whatever form, of , , or , when it:
      (1)   Predominantly appeals to the prurient, shameful or morbid interest of ;
      (2)   Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for ; and
      (3)   Is utterly without redeeming social importance for .
   KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
      (1)   The character and content of any material which is reasonably susceptible of examination by the defendant; and
      (2)   The age of the , provided however that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such .
   MINOR. Any person under the age of 18 years.
   NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of covered male genitals in a discernibly turgid state.
   PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public.
   SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
   SEXUAL CONDUCT. Acts of masturbation, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if such a person be a female, her breast.
   SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(1958 Code, § 176.05)  (Ord. 91-13, passed 2-25-1991; recodified by Ord. 98-53, passed 11-16-1998; Ord. 2018-22, passed 7-23-2018)