10-11-2 Definitions.
As used in this Code, unless the content otherwise clearly indicates:
A. Block means one (1) side of a street between two (2) consecutive interacting streets.
B. Distributor means the person responsible for placing and maintaining a newsrack in a public right-of-way.
C. Explicit sexual acts means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals; whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person’s genitals, pubic hair, perineum, anus or anal region.
D. Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.
E. Obscene means material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interests; or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable State law, and taken as a whole, lacks serious literary, artistic, political or scientific value.
F. Parkway means the area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel.
G. Person means any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
H. Pictorial material means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing. Any pictorial material is “obscene” if all of the following apply:
1. The average person, applying contemporary community standards, would find that it appeals to prurient interests when the publication or material is considered as a whole; and
2. It depicts, describes or represents in a patently offensive manner, sexual behavior as defined in Section 1; and
3. It lacks serious literary, artistic, political or scientific value when the publication or material is considered as a whole.
I. Public Works Director refers to the Public Works Director or the designee of the Public Works Director.
J. Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel.
K. Sexual arousal, gratification or affront when used in this Code to state the purpose or effect of statements, words, pictures or illustrations means depictions of the following subjects or acts:
1. Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Human genitals in a state of sexual stimulation, arousal, or tumescence; or
3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of human genitals, pubic region, buttock, or female breast; or
5. Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
L. Sexual behavior means the patently offensive representation, depiction or description of any of the following:
1. Ultimate sexual acts, actual or simulated, including vaginal intercourse between a male and a female, and anal intercourse, fellatio and cunnilingus between persons regardless of gender.
2. Masturbation, excretory functions and lewd exhibition of the genitals.
3. The actual or simulated infliction of pain by one individual upon another, or by an individual upon himself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast.
4. Ultimate sexual acts, actual or simulated, between a human being and an animal.
M. Sidewalk means any surface provided or the exclusive use of pedestrians.
N. Street means all the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. ((O)02-07, 03/20/2002)