The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning;
(1) “Knowledge” or “knowledge of” such nuisance means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter.
(2) “Lewd matter” means 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 representations simulated; or
1. ultimate sexual acts, normal or perverted, actual or
2. masturbation, excretory functions, or exhibition of the genitals or genital area.
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 scientific value
(3) “Matter” shall mean a motion picture film or a publication, or both.
(4) “Motion picture film”: shall include any:
a. film or plate negative; or
b. film or plate positive; or
c. film designed to be projected on a screen for exhibition;
d. films, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
e. video tape or any other medium used to electronically reproduce images on a screen,
(5) “Place” includes, but is not limited to, any building, structure or place, or any separate part or portion thereof whether permanent or not, or the ground itself.
(6) “Publication” shall include any books, magazine, article, pamphlet, writing, painting, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibit in a coin-operated machine.
(7) “Sale” means 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, lewd matter. (Ord. No. 92-9, § 4 [B], 3-10-92)