For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVAILABLE TO THE PUBLIC. When the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material.
MATERIAL. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, videotape, laserdisk, computer media, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical or electric reproduction, or any other article, equipment or machine.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
NUISANCE. The doing of an unlawful act, the omitting to perform a duty or the suffering or permitting of any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others;
(2) Is obscene or offends decency;
(3) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, ditch or drainage;
(4) In any way renders other persons insecure in life of the use of property; or,
(5) Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.
OBSCENE. When the average person applying contemporary community standards finds that:
(1) The predominant appeal of the matter taken as a whole, is to prurient interest, as in a shameful or morbid interest in sexual conduct, nudity, or excretion, and
(2) The matter depicts or describes in a patently offensive manner sexual conduct regulated by the applicable state statute (IC 35-49-1-9), and
(3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE. To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining.
(Ord. 1985-4, passed 5-20-85; Am. Ord. 1995-5, passed 5-4-95)