Unless otherwise specified in this section, all words will be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply to this section:
Disseminate.To transfer, distribute, dispense, lend, show, display, exhibit, send, transport or broadcast in exchange for consideration.
Material.Any book, magazine, newspaper advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record or recording tape, videotape, or other tangible thing capable of producing or reproducing an image, picture, sound or sensation through sight, sound, or touch.
Obscene.Any material or performance, whether through pictures, photographs, drawings, writings, cartoons, recordings, films, videotapes or other such medium, which:
1. The average person, applying contemporary community standards, would find the material or the performance, taken as a whole, appeals to the prurient interest; and
2. The material or performance depicts or describes, in a patently offensive way, sexual conduct, sadomasochistic sexual abuse, or lewd exhibition of the genitals; and
3. The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
Performance.Any motion picture, film, videotape, played record, phonograph, or tape broadcast, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, or transmitted by means of an electrical, radio, television, telephonic, or other communicative device or facility to a known closed or open circuit audience of one or more persons or to the general public.
Person.Any individual, corporation, company, partnership, firm, association, business, establishment, organization or other legal entity of any kind.
Prurient.A lustful, lascivious, erotic, shameful, or morbid interest in sexual conduct, sexually explicit nudity, sadomasochistic sexual abuse, or lewd exhibition of the genitals. Materials or performances may be deemed to appeal to the prurient interest when they have a tendency to excite lustful thoughts or lascivious desires, or when they are designed, marketed, promoted or disseminated to cater or appeal to such an interest. Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined deviate sexual group, rather than the public at large, the prurient appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members of that intended and probable recipient group.
Sadomasochistic sexual abuse.Actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being bound, fettered or otherwise physically restrained, for the actual or simulated purpose of sexual gratification or abuse as represented in the context of a sexual relationship.
Sexual conduct.Ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, anilingus, or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or, if such a person be female, a breast.
(Ord. 1150, 6-4-1990)