For the purpose of this subchapter, the following terms, phrases, words and their derivatives shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
DISSEMINATED. To transfer possession of, whether with or without consideration.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
GROSS PUBLIC DISPLAY. Exhibiting material that is visible on a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or other similar display area that is visible or audible, or both, from a public street, sidewalk, park or other public place or from the property of others.
KNOWINGLY. Having general knowledge of or having reason to know or a belief or reasonable grounds for belief which warrants further inspection or inquiry or both of the character and content of any material described herein which is reasonably susceptible of examination by the defendant.
MATERIAL. Any book, magazine, newspaper or other printed or written material, or any device, picture, drawing, photograph, phonograph recording, motion picture or other pictorial or sound representation, or combination thereof.
OBSCENE or SEXUALLY OBSCENE. Means that:
(1) The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest in sex;
(2) The work depicts or describes, in a patently offensive way, actual or simulated acts of human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, excretory functions or lewd exhibition of the genitals or sex organs; and
(3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERSON. Any individual, natural person, firm, partnership, co-partnership, association, corporation or legal entity organization of any kind.
(1986 Code, § 15-110) (Ord. 1987-21, passed 9-8-1987)