(A) Obscene Defined: As used in this section, material is "obscene" when:
1. It depicts or describes any of the following types of sexual conduct:
(a) Ultimate sexual acts, normal or perverted, actual or simulated;
(b) Masturbation;
(c) Excretory functions; or
(d) Lewd exhibition of the genitals; and
2. To the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest in sex; and
3. The material is patently offensive because it affronts contemporary community standards in its description or representation of the sexual conduct; and
4. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(B) Actions Constituting Obscenity Enumerated: A person commits obscenity when, with knowledge of the nature of contents thereof, or recklessly failing to exercise reasonable inspection which would disclose the nature of contents thereof:
1. He sells within the Village of Posen, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
2. He offers or attempts to sell within the Village of Posen, any obscene book magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
3. He distributes or gives away within the Village of Posen, any obscene book, magazine, pamphlet, paper, photograph, drawing, film strip or slide.
4. He offers to or attempts to give away within the Village of Posen any obscene book magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
5. He prints or publishes within the Village of Posen, any obscene book magazine, pamphlet, paper, photograph, drawing, motion picture film, film strip or slide.
6. He exhibits or shows within the Village of Posen, any obscene photograph, drawing, motion picture, film strip or slide.
7. He produces, directs, or plays a part within the Village of Posen in any obscene play.
8. He advertises for sale within the Village of Posen, any obscene book, magazine, pamphlet, paper, photograph, motion picture film, phonograph record, film strip or slide.
9. He advertises for viewing within the Village of Posen, any obscene motion picture, play; film strip or slide.
10. He publicly performs an obscene act or otherwise publicly presents an obscene exhibition of his body within the Village of Posen.
11. He buys or produces in the Village of Posen, for resale in the Village of Posen, any obscene book, magazine, pamphlet, paper, photograph, motion picture film, film strip, slide or phonograph record.
12. He buys, leases or procures in the Village of Posen, for showing in the Village of Posen for gain, any obscene motion picture, film strip or slide. (Ord. dated 3-23-76)