The following terms when used in the chapter shall have the meanings respectively ascribed to them in this section:
A REASONABLE BONA FIDE ATTEMPT: An attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
HARMFUL TO MINORS: That quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
A. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
B. The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
C. The material or performance lacks serious literary, scientific, artistic, or political value for minors.
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or grounds for belief which warrants further inspection or inquiry of both:
A. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
B. The age of the minor; however, 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.
MATERIAL: Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, or recording tape, videotape.
MINOR: Any unmarried person under the age of eighteen (18) years.
NUDITY: The showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; 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 depiction of covered male genitals in a discernibly turgid state.
PERFORMANCE: Any motion picture, film, videotape, played record, phonograph or tape, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
PERSON: Any individual, partnership, association, corporation, or other legal entity of any kind.
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, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, breast.
SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal. (Ord. 1252, 7-8-1986)