§ 93.071. DEFINITIONS.  


Latest version.
  • The following words and phrases shall be interpreted and construed in accordance with the following definitions.
    CONTEMPORARY COMMUNITY STANDARDS. The customary limits of candor and decency in the city at or near the time of the alleged actions or speech.
    DESIGNATED PUBLIC AREA. An area on public property designated for street performances.
    EXTRAORDINARY ACTIVITIES. Performances that include any of the following: tumbling, stilt walking, cycling, aerobatics; or any activities using fire.
    OBSCENE. Any action or speech that meets all of the following criteria:
    (1) The average individual, applying contemporary community standards, would find the action, taken as a whole, appeals to the prurient interest;
    (2) The reasonable person would find the actions or speech, taken as a whole, lacks serious literary, artistic, political, or scientific value; and
    (3) The actions or speech describes sexual conduct in a patently offensive way.
    PERFORM. Includes, but is not limited to, the following activities; acting, singing, playing musical instruments, juggling, dancing, demonstrating pantomime, exhibiting magic, tumbling, stilt walking, cycling, acrobatics, certain activities using fire, exhibiting puppetry, or other similar activity.
    PERFORMER. A person who has obtained a permit pursuant to this section.
    PRURIENT INTEREST. A shameful, morbid interest in nudity, sex or excretion.
    SEXUAL CONDUCT. One of more of the following:
    (1) Representations of ultimate sexual acts, normal or perverted, actual or simulated; or
    (2) Representations or descriptions of masturbation, excretory functions, or a lewd exhibition of the genitals.
    SIMULATED. The explicit description of any types of conduct set forth in the definition of SEXUAL CONDUCT, which creates the appearance of such conduct.
    ULTIMATE SEXUAL ACT. Sexual intercourse, fellatio, cunnilingus, and intercourse, or any other inference, however slight, of any part of a person's body, or description of sexual bestiality, sadomasochism, masturbation, or excretory functions.
    (Ord. 05-2015, passed 6-15-2015)