§ 21-6. Obscenity.

(a)

Definition. As used in this section, the following terms shall have the following meanings:

(1)

Obscene means material or a performance that:

a.

The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;

b.

Depicts or describes:

(i)

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

(ii)

Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and

c.

Taken as a whole, lacks serious literary, artistic, political, and scientific value.

(2)

Material means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner, but does not include an actual three-dimensional obscene device.

(3)

Performance means a play, motion picture, dance, or other exhibition performed before an audience.

(4)

Patently offensive means so offensive on its face as to affront current community standards of decency.

(5)

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

(6)

Wholesale promote means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer to agree to do the same for purpose of resale.

(7)

Obscene device means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

a.

If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.

(b)

Obscene display or distribution.

(1)

A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

(2)

An offense under this section is a class C misdemeanor.

(Ord. No. 2011-O-055, §§ 1, 2, 5-2-11)