For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY. The area within the corporate limits of the city.
MATERIAL. Anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner, but does not include an actual three dimensional obscene device.
OBSCENE. Material or a performance that meets the following conditions.
(1) The average person, applying contemporary community standards, would find that, taken as a whole, it appeals to the prurient interest in sex.
(2) Depicts or describes the following:
(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, heterosexual or homosexual, including sexual intercourse, sodomy and sexual bestiality.
(b) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibitions of genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs.
(3) Taken as a whole, lacks serious literary, artistic, political and scientific value.
OBSCENE DEVICE. A device, including a dildo or artificial vagina designed or marketed as useful primarily for the stimulation of human genital organs.
PATENTLY OFFENSIVE. So offensive on its face as to affront current community standards of decency.
PERFORMANCE. A play, motion picture, dance or other exhibition performed before an audience.
('78 Code, § 11-36) (Ord. 484, passed 1-24-83)
Cross reference:
Sexually-oriented businesses, see Ch. 112