For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISPLAY FOR SALE IN AN AREA TO WHICH MINORS HAVE ACCESS. Display where minors are able to see it.
DISSEMINATE. To sell, lease or exhibit commercially and, in the case of an exhibition, to sell an admission ticket or to admit persons who have bought such a ticket or pass to the premises whereon an exhibition is presented.
EXPLICIT SEXUAL MATERIAL. Any pictorial or three-dimensional material, or motion picture, still picture, photograph, book, pocket-book, pamphlet or magazine, the cover or contents of which depicts:
(1) Human sexual intercourse, masturbation, sodomy, bestiality, oral or anal intercourse;
(2) Direct physical stimulation or unclothed genitals;
(3) Flagellation or torture in the context of a sexual relationship; or
(4) Which emphasizes the depiction of adult human genitals, buttocks or the female breast; provided, however, that, works of art or of anthropological significance or materials when presented in a program or education in a church, school or college shall not be deemed to be within the foregoing definitions.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry of both of the following:
(1) The character and contents of any material described herein which is reasonably susceptible of examination; and
(2) The age of the person; provided, however, that, an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of the person.
MINOR. A person less than 18 years of age.
PUBLIC DISPLAY. Material is placed upon PUBLIC DISPLAY if it is placed on or in a billboard, viewing screen, theater marquees, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of “explicit sexual material” is easily visible from a public thoroughfare or from the property of others.
(Ord. passed 7-1-1978)