(a) For purposes of this subsection, the following terms shall mean:
(1) “Cell phone” shall mean a cellular, analog, wireless or digital telephone.
(2) “Computer” shall mean an electronic, magnetic, optical, electrochemical or other high speed data processing device performing logical, arithmetic or storage functions and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. The term “computer” includes any connected or directly related device, equipment or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of operations to or from a person, another computer or another device, but such term does not include an automated typewriter, or typesetter, a portable hand- held calculator, or other similar device.
(3) “Electronic communication device” means a cell phone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game or portable computing device. For the purposes of this section, an “electronic communication device” does not include:
(b) It is unlawful for any person, with the intent to harass or abuse another person, use a computer, cell phone or electronic communication device to:
(1) Make contact with another without disclosing his or her identity with the intent to harass or abuse;
(2) Make contact with a person after being requested by the person to desist from contacting them;
(3) Threaten to commit a crime against any person or property; or
(4) Cause obscene material to be delivered or transmitted to a specific person after being requested to desist from sending such material.
For purposes of this subsection, “obscene material” means material that:
A. An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;
B. An average person, applying contemporary adult community standards, would find, depicts or described, in patently offensive way, sexually explicit conduct consisting of an ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition on the genitals or sadomasochistic sexual abuse; and
C. A reasonable person would find, taken as a whole, lacks literary, artistic, political or scientific value.
(c) It is unlawful for any person to knowingly permit a computer, cell phone or electronic communication device under his or her control to be used for any purpose prohibited by this subsection.
(d) Any offense committed under this section may be determined to have occurred at the place at which the contact originated or the place at which the contact or intended to be received.
(e) Any person who violated any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). (Ord. 1612. Passed 2-25-14.)