As used in this chapter, the following terms shall
have the meanings indicated:
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
Exposing, placing, posting, exhibiting or in any other fashion
displaying in any location, whether public or private, material or
a performance in such a manner that it may be readily seen and its
content or character distinguished by viewing it in or from a public
place or vehicle.
DISSEMINATE
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.
LEWD MATERIAL
Any material or performance in which all of the following
elements are present:
(1)
Considered as a whole, by the average person,
applying the contemporary community standards of the Borough of Bell
Acres, it appeals to the prurient interest in sex; and
(2)
It depicts, describes or represents in a patently
offensive way sexual conduct, as hereinafter defined; and
(3)
Taken as a whole, it lacks serious literary,
artistic, political, educational or scientific values.
MATERIAL
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.
NUDITY
Uncovered, or less than opaquely covered, post-pubertal human
genitals or pubic area, 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 the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
PANDER
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.
PERFORMANCE
Any live or reproduced exhibition, including but not limited
to any play, motion-picture film, dance or appearance presented to
or performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PRURIENT INTEREST
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.
PUBLIC PLACE or VEHICLE
Any street, alley, park, boulevard, school or other public
property or any dance hall, rental hall, theater, amusement park,
liquor establishment, store, depot, place of public accommodation
or other private property in the Borough of Bell Acres generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by the government, either directly
or through a public corporation or authority, or owned or operated
by any nongovernmental agency for the use, enjoyment or transportation
of the general public.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume
or in the condition of such person being fettered, bound or otherwise
physically restrained in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
(2)
Sexual intercourse, whether genital-genital,
oral-genital, oral-anal or anal-genital;
(3)
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area or any part of the breasts of the female, whether the conduct described in Subsections
(1) through
(3) is engaged in alone or between members of the same or opposite sex or between humans and animals or humans and inanimate objects;
(4)
Actual or simulated display or exhibition of
the human pubic area or genitals or any part thereof;
(5)
Sexual excitement, as hereinafter defined; or
(6)
Sadomasochistic abuse as herein defined.
SEXUAL EXCITEMENT
The facial expressions, movements, utterances or any other
physical responses of a human male or female, whether alone or with
others, whether clothed or not, who is in an apparent state of sexual
stimulation or arousal or experiencing the physical or sensual reactions
of humans engaging in or witnessing sexual conduct.