[Adopted 1-15-1985 by Ord.
No. 84-25]
As used in this article, the following terms shall have the meanings
indicated:
OBSCENE FILM
Any motion-picture film or preview or trailer to a film, not including
newsreels portraying the actual current events or pictorial news of the day,
in which a scene, taken by itself:
A.
Depicts or a specified anatomical area or specified sexual activity
or the simulation of a specified sexual activity or verbalization concerning
a specified sexual activity; and
B.
Emits sensuality sufficient in terms of the duration and impact of the
depiction to appeal to prurient interest.
OBSCENE MATERIALS
A.
As it pertains to persons 18 years of age or older, means any description,
narrative account, display or depiction of sexual activity or anatomical area
contained in or consisting of a picture or other representation, publication,
sound recording, live performance or film which, by means of posing, composition,
format or animated sensual details:
(1)
Depicts or describes in a patently offensive way ultimate sexual acts,
normal or perverted, actual or simulated, masturbation, excretory functions
or lewd exhibition of the genitals.
(2)
Lacks serious literary, artistic, political or scientific value, when
taken as a whole.
(3)
Is a part of a work, which to the average person applying contemporary
community standard, has a dominant theme, taken as a whole, which appeals
to prurient interest.
B.
As it pertains to person under the age of 18 years, means any description,
narrative account, display or depiction of a specified anatomical area or
specified sexual activity contained in, or consisting of, a picture or other
representation, publication, sound recording, live performance or film which,
by means of posing, composition, format or animated sensual details, emits
sensuality with sufficient impact to concentrate prurient interest on the
area or activity.
OBSCENE PARAPHERNALIA
Any articles, equipment, objects, gadgets or any other items which
depict a specified anatomical area or specified sexual activity where the
dominant note of the presentation is erotic allurement tending to excite lustful
and lecherous desire by emitting sensuality with sufficient impact to concentrate
prurient interest on the area or activity or which depict or are utilized
for sexual perversions such as exhibitionism, voyeurism, sadism, masochism
and nymphomania or any other sexual perversion.
PERSON
Any person, firm, partnership, association, corporation, store, company
or organization of any kind.
SPECIFIED ANATOMICAL AREA
A less than completely and opaquely covered human genitals, pubic
region, buttock or female breast below a point immediately above the top of
the areola or human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Any act of human masturbation, sexual intercourse or deviate sexual
intercourse; or
C.
Fondling or other erotic touching of covered or uncovered human genitals,
pubic region, buttock or female breast.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding
90 days, or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.