(A) The language set forth in the text of this subchapter shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural number, and the plural the singular.
(2) The word “shall” is mandatory, the word “may” is permissive.
(3) The masculine gender includes the feminine and neuter.
(B) As used in this subchapter, the following terms shall have the following meanings:
ADVERTISE. Propagandizing in connection with the commercial offering of a service or the commercial exhibition of an entertainment.
HARMFUL TO MINORS. The quality of any depiction, description, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when:
(1) The average resident of the Village, applying contemporary standards of the Village, would find that such depiction, description, or representation taken as a whole appeals to the prurient interests of minors;
(2) Such depiction, description, or representation describes, in a patently offensive way for minors, sexual conduct or nudity specifically as defined herein; and
(3) Such depiction, description, or representation lacks serious literary, artistic, political, or scientific value for minors.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry.
MINOR. An unmarried 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. The depiction, description, or representation of sexual conduct which the average resident of the Village, applying contemporary community standards of the Village, would find that such depiction, description, or representation taken as a whole appeals to the prurient interest; and which depicts or describes or represents, in a patently offensive way, sexual conduct as defined in this
section; and which, taken as a whole, 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 genitals, 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.
PATENTLY OFFENSIVE. Beyond customary limits of candor in description or representation.
PRURIENT INTEREST. A shameful or morbid interest in sexual conduct, nudity, or excretion.
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, normal or perverted, real or simulated; 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 breasts of the female when in a state of sexual stimulation, or the sensual experience of humans engaging in or witnessing sexual conduct or nudity.
(Ord. 94-1868, passed 2-8-1994) Penalty, see § 130.99