§ 14-225. Definitions.

Child pornography means any material or performance depicting sexual conduct, sexual contact, or a sexual performance which has as one (1) of its participants or portrays as an observer of such conduct, contact, or performance a child under the age of eighteen (18).

Displays publicly means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from any portion of the person's store or the exhibitor's store or property.

Explicit sexual material means any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of human genitals.

Furnish means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.

Material means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.

Minor means any person under the age of eighteen (18).

Nudity means the showing of human genitals or pubic area, buttocks, or over fifty (50) percent of the female human breast or any portion of the areola or nipple thereof, with less than a fully opaque covering.

Obscene means any material or performance if:

(1)

Taken as a whole and applying contemporary community standards, its predominant appeal is to prurient interest in sex; and

(2)

Applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and

(3)

Taken as a whole, it lacks serious literacy, artistic, political or scientific value.

(4)

Additionally, any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene per se.

Obscenity shall be judged by ordinary adults who may reference its impact to other especially susceptible adults.

Performance means any play, motion picture film, video tape, dance or exhibition performed before an audience of one (1) or more.

Pornographic for minors means any material or performance if:

(1)

The average person would find that the material and performance has an appeal to a prurient interest of minors; and

(2)

The materials or performance depicts or describes nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or any explicit sexual materials, in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable to minors; and

(3)

The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

Promote means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or offer or agree to do the same.

Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

Sexual conduct means actual or stimulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in a act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Ord. No. 1429, 8-22-05)