(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISSEMINATION. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and content of the material.
MATERIAL. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other articles, equipment, or machines.
OBSCENE. To the average person applying contemporary community standards, taken as a whole, that the predominant appeal of the matter appeals to the prurient interests and: depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or depicts or describes patently offensive representations or descriptions of masturbation, excretory functions, or lewd exhibits of the genitals; and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
PROMOTE. To cause, permit, procure, counsel, or assist.
PRURIENT INTEREST. Shameful or morbid interest in nudity, sex, or excretion which goes substantially beyond customary limits of candor in description or representation.
(B) It shall be unlawful for any person within the city to:
(1) Knowingly disseminate, distribute, or make available to the public any obscene materials;
(2) Knowingly engage or participate in any obscene performance made available to the public;
(3) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements, and other public sales efforts that promote such commerce primarily on the basis of the prurient appeal; or
(4) Appear in any public state in a state of dress intended to deceive others as to his or her sex, or make any indecent exposure of his or her person.
(Prior Code, § 5.0208) Penalty, see § 10.99