For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUDIENCE. One or more persons who are permitted to view a performance:
(1) For valuable consideration; or
(2) In or from a public place.
DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting or in any other fashion displaying in any location, whether public or private, material or performance in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public place or vehicle.
DISSEMINATE. To manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present material or to offer or agree to do the same or to have in one’s possession with intent to do the same.
MATERIAL. Any printed matter, visual representation or sound recording, and includes but is not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensional forms, sculptures and phonograph, tape or wire recordings.
MINOR. Any person under 18 years of age.
NUDITY. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
OBSCENE MATERIAL. The material described in divisions (1) and (2) below shall be deemed to be obscene material if the average person applying contemporary community standards in the city would find that the material, taken as a whole, appeals to the prurient interest in a patently offensive way, and the material, taken as a whole, lacks serious literary, artistic, political or scientific value.
(1) Any picture, photograph, drawing, sculpture, motion picture, film or other visual representation of the human body or any portion thereof that depicts nudity, sadomasochistic abuse, sexual conduct or sexual excitement; or
(2) Any book, magazine, paperback, pamphlet or other written or printed material, however reproduced or any sound recordings which contain matter of the nature described in division (1) above or obscenities or explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement or sadomasochistic abuse depicted or described.
OBSCENE PERFORMANCE. A play, motion picture, dance, show, act, rendition, lecture, reading or other presentation, whether pictured, animated or live, performed before an audience or intended to be performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, depicted or described, provided that the average person, applying contemporary community standards in the city, would find that the performance taken as a whole appeals to the prurient interest in a patently offensive way and lacks serious literary artistic, political or scientific value.
OBSCENITIES. Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genital female breasts, sexual conduct or excretory functions or products either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.
PANDER. Advertising or propagandizing in connection with the sale of material, the offering of a service or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.
PERFORMANCE. Any live or reproduced exhibition, including, but not limited to, any play, motion picture film, dance or appearance presented to or performed before an audience.
PORNOGRAPHIC. Relating to pornography.
PORNOGRAPHY. Any material or performance is PORNOGRAPHY if all of the following elements are present:
(1) Considered as a whole, by the average person, applying the contemporary community standards of the city, it appeals to the prurient interest;
(2) It depicts, describes or represents in a patently offensive way, sexual conduct, as hereinafter defined; and
(3) It lacks serious literary, artistic, political or scientific value.
PORNOGRAPHY FOR MINORS. Any material or performance is PORNOGRAPHY FOR MINORS if all of the following elements are present:
(1) Considered as a whole by the average person applying the contemporary community standards of the city with respect to what is suitable for minors, it is presented in a manner as to appeal to the minor’s prurient interest;
(2) It depicts, describes or represents in a patently offensive way, nudity or sexual conduct as hereinafter defined; and
(3) It lacks serious literary, artistic, political or scientific value.
PRURIENT INTEREST.
(1) Desire or craving for sexual stimulation or gratification.
(2) In determining PRURIENT INTEREST, the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the PRURIENT INTEREST of a particular group of persons, including, but not limited to, homosexuals or sadomasochists. In that case, it shall be judged with reference to the particular group for which it was designed.
PUBLIC PLACE OR VEHICLE. Any of the streets, alleys, parks, boulevards, schools or other public property in the city or any dance hall, rental hall, theater, amusement park, liquor establishment, store, depot, place of public accommodation or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority or owned or operated by any non-governmental agency for the use, enjoyment or transportation of the general public.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT. The condition of human male or female genitals or the breast of the female when in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conductor nudity.
(Ord. 355, passed 5-7-1974; Am. Ord. 366, passed 5-20-1975)