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§ 133.01 DEFINITIONS.
For the purpose of §§ 133.02 through 133.07 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 the lewd matter.
   “LEWD MATTER.”
      (1)   Any matter which:
         (a)    The average person, applying contemporary community standards, finds, when considered as a whole, appeals to the prurient interest; and
         (b)    Depicts or describes patently offensive represen- tations or descriptions of:
            l.   Ultimate sexual acts, normal or perverted, actual or simulated; or
            2.   Masturbation, excretory functions, or exhibi-tion of the genitals or genital area.
      (2)   Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context of 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.” Any:
      (1)   Film or plate negative;
      (2)   Film or plate positive;
      (3)   Film designed to be projected on a screen for exhibition;
      (4)   Films, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
      (5)   Videotape or any other medium used to electronically reproduce images on a screen.
   “PERSON.” Any individual, partnership, firm, association, corporation, or other legal entity.
   “PLACE.” Any building, structure, or place, or any separate part or portion thereof whether permanent or not, or the ground itself.
   “PUBLICATION.” Any books, magazine, article, pamphlet, writing, painting, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin- operated 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, and whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
(‘82 Code, § 21-100(1)-(8))
§ 133.02 LEWD FILMS, THEATERS.
   (A)   Any and every place in the town where:
      (1)   Lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition, or
      (2)   A lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, is a public nuisance.
   (B)   Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under division (A) above, is a public nuisance per se.
(‘82 Code, § 21-200)
§ 133.03 LEWD PUBLICATIONS, BUSINESSES.
   (A)   Any and every place of business in the town in which lewd publications constitute all or a principal part of the stock in trade is a public nuisance.
   (B)   Any and every lewd publication possessed at a place which is a public nuisance under division (A) above, is a public nuisance per se.
(‘82 Code, § 21-210)
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