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(A) Purpose. The purpose of this section is to prohibit the display of obscene material to minors in the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EROTIC FONDLING. Touching a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breast.
HARMFUL TO MINORS. The quality of any description or representation, in whatever form, of a prohibited sexual act or sexually-explicit nudity, when:
(a) It predominantly appeals to the prurient, shameful or morbid interest of minors;
(b) It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and/or
(c) Taken as a whole, it lacks serious literary, artistic, educational, political or scientific value for minors.
MASTURBATION. The real or simulated touching, rubbing or otherwise stimulating a person's own clothed or unclothed genitals, pubic area, buttocks or, if the person is female, breast, either by manual manipulation or with an artificial instrument.
MATERIAL. Anything tangible which is capable of being used or adapted to arouse prurient, shameful or morbid interest, whether through reading, observation, sound or any other manner.
MINOR. Any person less than 17 years old.
NUDE PERFORMANCE. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state in any play, motion picture, dance or other exhibition performed before an audience.
OBSCENE TO MINORS. Material which depicts a prohibited sexual act or sexually explicit nudity and, taken as a whole, it is harmful to minors.
PROHIBITED SEXUAL ACT. Erotic fondling, nude performance, sexual excitement, sadomasochistic abuse, masturbation or sexual intercourse.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.
SEXUALLY EXPLICIT NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully-opaque covering of any portions thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
VISIBLY DISPLAYED. The material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, showcase, display case or other similar display area, that is visible from any part of the premises where a minor is or may be allowed or permitted or invited as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which minors have unrestrained and a reasonably anticipated access and presence.
(C) Prohibited acts. A person is guilty under this section of displaying obscene material to minors when, having control or supervision of any business or commercial establishment or premises, with knowledge of the content and character of the material involved, he intentionally or recklessly does any of the following:
(1) Visibly displays, exhibits or otherwise exposes to view, in that part of the premises or immediately adjacent thereto, where a minor is or may be allowed, permitted or invited, as part of the general public or otherwise, all or any part of any material which is either of the following:
(a) Obscene as to minors, when taken as a whole; and
(b) Contains on its cover, package, wrapping or within the advertisement therefor, depictions or photographs of sexually explicit nudity or a prohibited sexual act.
(2) Hires, employs or otherwise places, supervises, controls or allows in any business or commercial establishment or other place, any minor under circumstances which would cause, lead or allow the minor to engage in the business or activity of promoting or otherwise handling the material.
(1967 Code, § 13-16) (Ord. passed 9-11-1985) Penalty, see § 130.99