2005-60 Ordinance - Laserfiche WebLink

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(a) Director of Public Safety refers to the Director of Public Safety or the designee of the Director of Public Safety. (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 other 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 streets, 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 this Section; and (3) It lacks serious literary, artistic, political or scientific value when the publication or material is considered as a whole.