680.01  DEFINITIONS.
   As used in this chapter:
   (a)   "Audience" means one or more persons who are permitted to view a performance for valuable consideration, in or from a public place.
   (b)   "Display publicly" means exposing, placing, posting, exhibiting or in any other manner displaying material in any location, whether public or private, or a performance in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public place or vehicle.
   (c)   "Disseminate" means to manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present material or to offer or agree to do the same, or to have in one's possession with intent to do the same.
   (d)   "Erotic fondling" means touching a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breasts, for the purpose of sexual gratification or stimulation.
   (e)   "Exhibit" means to present a performance or to sell, give or offer to sell or give a ticket, token, pass or permission to view a performance.
   (f)   "Material" means any printed matter, visual representation or sound recording, including, but not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensional forms, sculptures and phonograph, tape or wire recordings.
   (g)   "Minor" means a person under eighteen years of age.
   (h)   "Nudity" means uncovered, or less than opaquely covered, human genitals or pubic area, the 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 the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
   (i)   "Pander" means advertising or propagandizing in connection with the sale of material, the offering of a service or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.
   (j)   "Performance" means a live or reproduced exhibition, including, but not limited to, a play, motion picture film, dance or appearance presented to or performed before an audience.
   (k)   "Pornographic" means relating to pornography.
   (l)   "Pornography" means any sexually explicit material. Material is pornography if all of the following elements are present:
      (1)   The material, considered as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
      (2)   The material depicts, describes or represents, in a patently offensive way, nudity or sexual conduct.
      (3)   The material, taken as a whole, lacks serious literary, artistic, political or scientific value.
   (m)   "Pornography for minors" means any sexually explicit material for minors. Material is pornography for minors if all of the following elements are present:
      (1)   The material, considered as a whole by the average person applying contemporary community standards with respect to what is suitable for minors, is presented in such manner as to appeal to a minor's prurient interest.
      (2)   The material depicts, describes or represents, in a patently offensive way, nudity or sexual conduct.
      (3)   The material lacks serious literary, artistic, political or scientific value for minors.
   (n)   "Prurient interest" means desire or craving for sexual stimulation or gratification. In determining prurient interest, the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the prurient interest of a particular group of persons, including, but not limited to, homosexuals or sadomasochists. In that case, it shall be judged with reference to the particular group for which it was designed.
   (o)   "Public place or vehicle" means any of the streets, alleys, parks, boulevards, schools or other public property in the City, or a dance hall, rental hall, theater, amusement park, building, liquor establishment, store, depot, place of public accommodation or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel, or a vehicle for public transportation, owned or operated by the government, either directly or through a public corporation or authority, or owned or operated by a nongovernmental agency for the use, enjoyment or transportation of the general public.
   (p)   "Sadomasochistic abuse" means either of the following:
      (1)   Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume; or
      (2)   The condition of being fettered, bound or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
   (q)   "Sexual conduct" means:
      (1)   Masturbation;
      (2)   Sexual intercourse; or
      (3)   Any erotic fondling; whether the conduct described in paragraphs (q)(1) through (3) hereof is engaged in alone, or between members of the same or opposite sex, or between humans and animals or humans and inanimate objects; or
      (4)   Actual or simulated displays or exhibitions of the human pubic area or genitals or any part thereof;
      (5)   Sexual excitement; or
      (6)   Sadomasochistic abuse.
   (r)   "Sexual excitement" means either of the following:
      (1)   The condition of the human male or female genitals when in a state of sexual stimulation or arousal; or
      (2)   The facial expressions, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state of reaction to humans engaging in or witnessing sexual conduct.
   (s)   "Sexual intercourse" means 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.
   (t)   "Sexually explicit matter" means sexually explicit visual material, sexually explicit verbal material or a sexually explicit performance.
   (u)   "Sexually explicit performance" means a motion picture, exhibition, show, representation or other presentation which, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse.
   (v)   "Sexually explicit verbal material" means a book, pamphlet, magazine or printed matter, reproduced in any manner, or a sound recording, which contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse.
   (w)   "Sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse, or a book, magazine or pamphlet that contains such a visual representation. An undeveloped photograph, mold or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
(Ord. 55.  Passed 1-20-81.)