5-2-3-3: OBSCENE MATERIALS:
   A.   Possession: It is unlawful for any person to sell, deliver, offer for sale, distribute, publish, print, exhibit or possess with intent to distribute, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene, or to present or to direct an obscene play or other performance or to perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise promote obscene material.
   B.   Determination Criteria: A thing is deemed to be obscene if the average person would find that the work taken as a whole appeals to a prurient interest, and the work depicts or describes patently offensive representations or descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the human genitals. The work, taken as a whole, must lack serious literary, artistic, political or scientific value. In assessing whether an average person would find that the work taken as a whole appeals to a prurient interest, it is to be assumed that the average person is applying contemporary community standards.
   C.   Defense For Dissemination: It shall be an affirmative defense to obscenity that the dissemination:
      1.   Was not for gain, and was made to personal associates other than children under eighteen (18) years of age;
      2.   Was to institutions or individuals having scientific or other special justification for possession of such material. (Ord. 128, 1979)