(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEASUREMENTS. For the purpose of this section, shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of an adult commercial establishment to the nearest property line of a church, public school, private school, city-owned real property or a district restricted to residential use under this chapter.
OFFENSIVE. The work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERSONS. Any individual, agent, consultant, partnership, association or corporation.
PRIVATE SCHOOL. Any campus, grounds or building of an institution for the teaching or instruction of children between the ages of three years to 12 years of age, said institution being a non- profit school owned, controlled, operated and conducted by a bona fide religious, denominational or a similar institution or governed by a foundation, exempt from property taxation under the laws of the state.
PUBLIC SCHOOL. Any campus, grounds or buildings or an institution for teaching or instruction which is a part of the local school districts created under the laws of the state situated wholly or partly within the city limits.
SEXUAL ACTIVITIES. The act of human or animal sexual stimulation, oral intercourse, anal intercourse, human-animal sexual stimulation, homosexual acts, direct physical stimulation or touching of clothed or unclothed human genitals, buttocks or female breasts; or torture by or upon a person in the context of sexual stimulation which is conducted at any place that regardless if said establishment has an alcoholic beverage permit or not.
SEXUALLY-EXPLICIT MATERIAL. Any pictorial or written material depicting human sexual intercourse, human masturbation, animal bestiality, oral intercourse, anal intercourse, human-animal sexual stimulation acts, homosexual acts, direct physical stimulation or touching of clothed or unclothed human genitals, buttocks or female breasts, or female flagellation or torture by or upon a person in the content of sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this chapter. Legitimate works of art or of anthropological significance are not included within the definitions of this chapter.
(B) Display or sale of offensive, sexually explicit materials. No person shall distribute or sell any sexually explicit material to any other person within 1,300 feet of a church, private or public school, any city-owned real property, or within 1,000 feet of the outside boundaries of any residential zoning district.
(C) Display of sexual activities. No sexual activities shall be engaged in or displayed within 1,300 feet of a church, private or public school, any city-owned real property or within 1,000 feet of any residential zoning district.
(D) Display of human genital areas, buttocks and the like. No one shall display their genital areas, or human buttocks, or female breasts to public view for a fee or the entertainment at any commercial establishment within 1,300 feet of a church, private or public school, or any city owned real property, or within 1,000 feet of any residential zoning district.
(E) Offensive material in places frequented by persons under 17 years of age. No person shall exhibit or display sexually explicit material, as defined herein, in any place frequented by persons 17 years of age or younger.
(F) Display of human genital areas, buttocks, female breasts and the like. In commercial establishments frequented by persons under 17 years of age, no one shall display his or her human genital areas, buttocks or female breasts, to public view for a fee or the entertainment at any commercial establishment frequented by persons 17 years of age or younger.
(G) Permits, conditional use permits, licenses not to be granted to persons in violation of this section. No permit or conditional use permit, or other license shall be granted by the city to anyone in violation of this chapter. Any permit, conditional use permit or license granted by the city shall be terminated and voided upon the determination that such party is in violation of this chapter by any court, whether it is a record court or not. In the event of an appeal of such determination, this provision will be suspended only upon the posting of a $25,000 surety bond with the City Secretary conditioned upon a final determination that such person was not in violation of this chapter.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999