For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVAILABLE TO THE PUBLIC. The matter of performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance or any combination of items or performances, or provided without charge in conjunction with any item or performance or combination thereof which may be purchased for a fee.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material, conduct or performance.
MATERIAL. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE. To the average person applying contemporary community standards:
(1) The predominate appeal of the material or performance taken as a whole is to the prurient interest. That is, a shameful or morbid interest in sexual conduct, nudity, excretion or sadomasochistic abuse;
(2) The material or performance which taken as a whole portrays sexual conduct or nudity in a patently offensive way; and
(3) The material or performance, taken as a whole lacks serious literary, artistic, political or scientific value.
PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE. To cause, permit, procure, counsel or assist.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT. Acts of masturbation (actual or simulated), homosexuality, sexual intercourse (normal and perverted), fellatio, cunnilingus, acts of excretory function or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.
(Ord. 98-06.1, passed - -1998)